Terms and Conditions

1. TERMS: F.O.B. our plant. Payment 30 days net unless otherwise specified by Seller. Service Charge of 1 1/2% on all invoices unpaid after 60 days from date of invoice. This amounts to 18% per annum. Minimum service charge $2.50 per month.

2. QUOTATIONS: Stenographical and clerical errors subject to correction. Until an order is accepted by Seller, quoted prices are subject to change without notice. All quotations, unless otherwise stated, are for immediate acceptance. All orders and contracts subject to acceptance at Seller's home office. The price, or prices, shown on the face of this quotation are subject to acceptance within 30 days from date.

3. CREDIT: Accounts will be opened only with firms or individuals on approved credit. The Seller reserves the privilege of declining to make deliveries except for cash whenever, for any reason, doubt as to the Buyer's responsibility develops.

4. CANCELLATION: Orders may be canceled or deliveries deferred only upon the condition that the Buyer assumes immediate liability and makes payment to the seller for all work completed at the unit price; work in process on the basis of the percentage of completion thereof times the order unit price; raw material, unamortized tooling, engineering and other cancellation charges incurred on the basis of cost to the Seller, plus handling and overhead charges. All cancellation charges to be determined at the time of cancellation or deferment.

5. QUANTITIES: All quotations are based on Buyer accepting over-run or under-run on each individual item not exceeding 10% of quantities ordered. Where closer control of quantity is required special arrangements must be made. All Special Orders over 5 pieces may be overshipped by not more than 10%.

6. The delivery date indicated is given in all sincerity and can be met at this time. Of necessity, however, it is subject to prior sale of capacity. The Seller does not assume responsibility for any damages growing out of, or owing to, any delays which are beyond his control. If partial shipments are required special arrangements must be made. All partial shipments will be invoiced and must be paid under our regular terms.

7. CLAIMS: If the Buyer claims delivery of material not as ordered he must notify Seller within ten (10) days after receipt of shipment. No returns will be accepted after this period. If such claim is sustained and material furnished is not as ordered, Acme Industrial Company shall have option  to repair, replace, credit or complete orders within the limitation of No. 5-Quantities. Under no circumstances will the Seller be liable for damages or claims for expense involved in using his product. Seller will not allow claims for defective goods on these parts further processed by the Buyer and resulting in change of either dimensions or the characteristics from parts as ordered. Claims for shortage must be made within ten (10) days from receipt of the goods.

8. INSPECTION: Inspection by the Seller is made on a percentage basis only. If 100% inspection is required it is at Buyer's expense, and only such parts proved not as ordered by Buyer's inspection may be returned with a claim for repair, credit or replacement, as covered by No. 7-Claims and No. 5-Quantities.

9. SHIPMENT: In ordering the Buyer should state explicitly the method of shipment preferred, and in the absence of shipping direction, the Seller will use discretion, forwarding by express or parcel post when packages are small and therefore liable to be lost in transit by freight. Parcel post shipment will be insured at Buyer's expense unless otherwise specified.

10. PATENTS: It is not the intention of the Seller to manufacture any product which is an infringement of a patented article. Parts are made by the Seller strictly to dimensional specifications furnished by the Buyer. It is agreed that the Buyer will defend and save harmless the Seller from any and all expense involved in any claims for damages from infringements of letters patent by the use or sale of parts made by the Seller, either as such or as parts or units of complete entities. Buyer does not assume responsibility for parts made on equipment violating licenses.

11. We do not anticipate difficulty, but should it arise, our quotation must be contingent upon strikes, accidents, delays  of carriers, traffic regulations, or other causes of delay beyond our control.

12. Our quotation is based on prevailing costs of labor and material, but does not include Federal, State, or Municipal taxes.

13. In line with the general practice of the industry, the fact that we find it necessary to charge for tools, dies, fixtures, or gages does not convey ownership or the right to remove them from our factory, unless specifically agreed upon in writing.