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terms and conditions  

 

  • CONDITIONS: The price and terms of this agreement are not subject to verbal changes or other agreements unless approved in writing by the home office of the Seller. Prices are based on costs and conditions existing on the date on the reverse side, and are subject to change by the Seller before final acceptance by Seller’s home office. Typographical errors are subject to correction. Purchaser assumes liability for patent and copyright infringement when goods are made to Purchaser’s specification. Conditions not specifically stated herein shall be governed by established trade customs. Terms inconsistent with those stated herein, which may appear on Purchaser’s formal order, will not be binding on the Seller.
  • PAYMENT. Unless credit terms are specifically agreed upon in writing by Seller on the reverse side hereof, payment shall be net cash 30 days, FOB Seller’s plant. DELINQUENT ACCOUNTS SHALL BE SUBJECT TO A LATE CHARGE OF 1-1/2% PER MONTH.
  • PRICE INCREASES; CANCELLATION. Prices are subject to change without notice. All unshipped portions of any order may be canceled by the Purchaser within five (5) days after notification of any price increase, subject to the following exceptions: (a) any component part or special material procured by Seller for use in Purchaser’s order delivered to Seller or non-cancelable by Seller will be shipped and invoiced at the quoted price or at our cost if the price has not been quoted; and (b) any portion of Purchaser’s order that has been manufactured, or is in the process of manufacture, but has not been shipped, may at Seller’s option, be shipped and invoiced at the price at which the order was accepted by Seller.
  • CUSTOM ITEMS. In the event that this order is for customized items, the Seller shall release any customized tools or dies (the “Equipment”) to the Purchaser upon request only after completion of the manufacturing process and payment in full for all merchandise and Equipment and any additional charges provided herein. Custom items are subject to variations in quantity of PLUS or MINUS 10%, unless otherwise agreed prior to acceptance of order by Seller.
  • DELIVERY. A quoted delivery date is a best estimate and Seller shall have no liability to Purchaser for any alleged damages caused by late delivery. UNDER NO CIRCUMSTANCES WILL SELLER BE RESPONSIBLE FOR OR WILL PURCHASER BE ENTITLED TO CONSEQUENTIAL DAMAGES ARISING OUT OF OR OWING TO ANY DELAYS IN DELIVERY WHATSOEVER. Seller shall not be liable for its failure to perform hereunder due to acts of God, public enemy, governmental agency, fires, floods, epidemics, strikes, work stoppages, freight embargoes, weather, war, hostilities, riot, rebellion, transportation delays, material shortage or other delay beyond its control.
  • WARRANTY. PRODUCTS MANUFACTURED OR SUPPLIED BY SELLER ARE WARRANTED TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP, IN ACCORDANCE WITH THE COMMERCIAL TOLERANCES OF THE RUBBER MANUFACTURES ASSOCIATION, 1901 PENNSYLVANIA AVE. NW, WASHINGTON, DC 20006. SELLER’S LIABILITY HEREUNDER IS LIMITED TO THE PURCHASE PRICE OF ANY MERCHANDISE PROVEN TO BE DEFECTIVE, OR, AT SELLER’S OPTION, FOR REPLACEMENT OF THE MERCHANDISE. MERCHANDISE CLAIMED TO BE DEFECTIVE MUST BE RETURNED TO THE SELLER, PREPAID, FOR SELLER’S INSPECTION. SELLER DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE SET FORTH HEREIN.
  • CERTIFICATIONS. Seller’s standard “Certification of Compliance” will be furnished at no additional cost when requested at the time of order. Certified test reports or certificates of analysis are available on special order and must be requested prior to the production of the merchandise. Cost for this service will be quoted in addition to the manufacturing cost for the rubber goods ordered.
  • RESPONSIBILITIES OF PURCHASER. Purchaser shall be responsible for paying all local, state and federal sales, use, property and excise taxes and all other regulatory fees and charges imposed by the applicable governing authority in connection with the sale and use of the merchandise. Purchaser shall inspect all merchandise upon receipt. Within 10 days of receipt, Purchaser shall test all materials and components for the intended application to assure satisfactory performance under actual operating conditions. All claims for shortages, shipments received in damaged condition, or losses in transit must be made directly to the shipper within 15 days of receipt.
  • CHANGE ORDERS; RESCHEDULING. All change orders and rescheduling shall be subject to charges sufficient to compensate Seller for all costs or charges for work in process, raw materials, additional set-up costs, and special handling either incurred by or non-cancelable by Seller.
  • DISCLAIMER. This Agreement is a complete and exclusive statement of the understanding of the parties; there are no promises, agreements, covenants or understandings beyond those stated in this agreement, including the reverse side hereof.
  • CONSEQUENTIAL DAMAGES. In the event of any breach of this contract by Seller, Purchaser shall not be entitled to consequential damages of any kind.
  • INDEMNITY. Purchaser agrees to indemnify and hold Seller, its agents, employees, representatives, successors and assigns, harmless against loss, claim, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of, in connection with, or resulting from the use, operation or condition of the merchandise sold. Purchaser will provide Seller with prompt notice of any proceeding involving this indemnification and with any documents, including pleadings, related to such proceedings.
  • COSTS. In the event of a breach of this agreement the prevailing party shall be entitled to reasonable attorney fees and costs.

TC1-12/98

 
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