Terms &
Conditions
“Conditions of Sale and Manufacturing Practices", followed
by "Purchasing
Terms" that includes the new Supplier Quality
Requirements
form
"BPI 1000”.
Conditions of Sale & Manufacturing Practices
General conditions of sale: "We rely on full disclosure of all
information necessary to produce the part or complete the contract. Failure of
Buyer to provide Seller with all delivery schedules, raw materials,
specifications, dimensions or other relevant information will void this contract
and Seller may then cancel or modify quotation at Seller's option. Any changes
in the above will be grounds for renegotiations of price, delivery or
other conditions of sale."
No. 1 - Terms of Contract
Unless Buyer shall notify Seller in writing to the contrary by certified
mail, return receipt requested, within three days after receipt of this
acknow-ledgment by Buyer, acceptance of the terms and conditions hereof by
Buyer
shall be indicated and in the absence of such notification, the sale and
shipment by Seller of the goods covered hereby shall be conclusively deemed
to be subject to the terms and conditions hereof and no other.
No. 2 - Shipment Terms F.O.B. shipping
point.
No. 3 - Quotations & Acceptance
Unless otherwise stated, all quotations are for immediate acceptance and
subject to change without notice. All orders and contracts are subject to
acceptance only at Seller's home office. Typographical errors are subject to
correction.
No. 4 - Credit
Accounts will be opened only on approved credit. Seller reserves the right
to decline delivery except for cash, whenever doubt as to Buyer's financial
condition develops.
No. 5 - Cancellation
Orders may be canceled or deliveries deferred by Buyer with written consent
of Seller only upon the condition that Buyer assumes immediate liability and
makes payment to Seller for all work complete at the unit sales price; work
in process.
No. 6 - 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.
No. 7 - Deliveries
Seller does not assume responsibility for damages due to default or delay in
production or delivery of all or any portion of any contract resulting
directly or indirectly from (A) accident to, or breakdowns of Seller's plant
machinery or equipment; labor disputes; embargoes; fire; riots; national
emergency; delays of suppliers; carriers; or governmental restrictions,
prohibitions, or allocations; or (B) any cause beyond the control of Seller.
In no
event shall Seller be liable for any consequential, special, or contingent
damages arising out of Seller's default or delay in filling this order.
Unless otherwise agreed between Buyer and Seller, orders are accepted for
delivery as fast as manufactured by complete shipment packed in bulk. If
either party has the right to make or demand delivery in lots, the price may
be demanded for each lot.
No. 8 - Samples
If requested, Seller will submit samples for approval at a separately quoted
price and delivery.
No. 9 - Claims
If Buyer claims delivery of material not as ordered, he must notify Seller
within fifteen (15) days of receipt of shipment. If such claim is sustained,
Seller shall repair, replace, credit or complete order within the
limitations of NO. 6-QUANTITIES. Charges for repair or inspection of parts
by Buyer without prior authorization cannot be honored. Seller shall have
the option of inspecting the goods on Buyer's premises or of taking back the
goods and
deciding whether to replace goods or credit Buyer.
Claims for shortage of goods must be presented within fifteen (15) days from
the date of receipt of goods and must state the packing slip number, weight
including tare and the method used in arriving at a count of the parts.
Any claim for error in weight or shortage not presented in accordance with
this provision will conclusively be deemed waived.
Seller will not allow claims on those goods further processed by Buyer
resulting in change of dimensions or characteristics from parts as ordered.
No. 10 - Tolerances
All dimensions must be limited to a specific tolerance. When not specified,
it is understood that commercial tolerance apply:
Decimal .xxx Plus or minus .005 Angles Plus or minus 1/2 degree
Dimensions .xx Plus or minus .010" Surface Finish 125 micro inches
Fractional Dimensions Plus or minus 1/64" Intersecting Surfaces:
Fillets .020" Max. Corners .020" Max. Radius or Chamfer
Drilled hole tolerances will be open unless otherwise specified by Buyer.
Samples are to be considered as denoting fractional dimensions, unless
otherwise specified and dimensions of samples will be considered
"mean" dimensions. Where there is cross drilling, slotting and
similar operations specified, the location will be without relation to other
dimensions unless otherwise specified.
When Buyer purchases to his own specification, Seller will not be responsible
for the design and fitting of parts.
Concentricity requirements, if any, must be specified separately from
dimension and will be subject to inspection only at the point where the
relation is shown on the blueprint. When concentricity limitation is
specified, it
is understood that it means the actual eccentricity allowable between the
center lines of the dimensions, which is one-half of a dial reading
registration. When concentricity is not specified, the work will be
manufactured in the most economical manner without particular regard to
concentricity.
Click here to view "Purchasing
Terms" that includes
the new Supplier Quality Requirements form "BPI 1000”.
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No. 11 - Threads
Unless otherwise specified, threads will be of the American National or Unified
form and will be made to Class 2A and Class 2B Fit tolerances. When Buyer
specifies threads other than sizes in the Coarse Thread Series or Fine
Thread Series or in other classes of tolerances or limits, gages are to be
furnished by Buyer or charged for by the Seller.
Internal Threads: Unless dimensional limits for
minor diameter of tapped holes are specified, the percent of full depth
thread will be in accordance with regularly accepted general practice.
Unless otherwise specified, blind tapped holes may not have a full thread
closer than five threads from the bottom and in case of fine pitches, not
closer than 5/32".
No. 12 - Gages
Where dimensions cannot be readily gaged with conventional available gaging
and special gaging is required such gages may be furnished by Buyer or
supplied by Seller at an extra charge. In the case of threads, the
inspection
gages shall conform to the limits specified by the latest National Bureau of
Standards Handbook H28, as supplemented, entitled "Screw Thread
Standards for Federal Services for Inspection Gages."
No. 13 - Inspection
Inspection by Seller is made on a percentage basis only. If 100% inspection
is required it is at Buyer's expense. Acceptable quality levels including
the designation of sampling plans shall be established by Buyer in writing
prior to quotation by Seller. Otherwise Seller reserves the right to adjust
his quotation or delivered part price in consideration of a subsequent
establishment of an A.Q.L. by Buyer.
No. 14 - Dies, Tools, etc.
Tools, dies, jigs, fixtures, gages, and their engineering and design, are
integral parts of Seller's manufacturing processes. Therefore, separate
quotation to, or payment by Buyer for these items, supplied by Seller,
conveys
neither ownership nor the right of removal from Seller's factory.
No. 15 - Shipment
In ordering, Buyer should state explicitly the method of shipment preferred
and, in the absence of shipping directions, Seller will use discretion
forwarding by air or rail express, truck or parcel post when packages are
small
and, therefore, subject to loss in transit. Shipment will be insured at
Buyer's expense, unless otherwise specified by Buyer. All goods are sold
F.O.B. shipping point so Buyer assumes freight cost and liability for any
loss or
damage to goods once the goods have left Seller's premises.
No. 16 - Buyer's Material
Quotations covering machining of Buyer's material are made subject to
delivery of the amount of material as specified by Seller, F.O.B. Seller's
plant, and are subject to change if material furnished by Buyer is defective
or will not machine with reasonable wear on tools at the speed and feed
estimated. Chemical and physical specifications are the sole responsibility
of Buyer, and parts manufactured from Buyer's material which conform to
blueprint
specifications shall be accepted by Buyer. Seller does not guarantee to
deliver more than 90% of the quantity ordered, in accordance with No. 6 -
QUANTITIES. If Buyer's material proves defective in total or in part or of a
different character than represented by either Buyer or material
producer,
all work performed by Seller shall be reimbursed by Buyer.
No. 17 - Patents
It is not the intention of Seller to manufacture any product which is an
infringement of a patent. Buyer will defend and reimburse Seller from all
expense and damages resulting from claims of infringement whether or not
the goods are a part or a unit of a complete entity.
No. 18 - Taxes
Taxes imposed by any present or future law of federal, state, county, or
municipal authority on the manufacture, sale or use of the articles
purchased hereunder and required to be paid by Seller shall be added to the
amount to be paid by Buyer. Buyer shall furnish evidence of exemption if
applicable. Custom duties or taxes are not included in prices. Buyer shall
reimburse Seller for any such duties or taxes as Seller may pay or
subsequently be assessed.
No. 19 - Warranty
Seller warrants that goods manufactured by him will conform to the drawings
and specifications furnished by Buyer. If the goods manufactured by Seller
fail to function under normal and proper use within a period of six (6)
months because of defects in material or workmanship, and written notice is
received by Seller no later than seven (7) months after date of receipt of
such goods by Buyer, Seller will at his option credit, repair or replace
such
products determined by Seller to be defective.
Seller shall have the option of inspecting the goods on Buyer's premises or
authorizing their return. No goods are to be returned without written
consent nor shall the Seller be liable for any expense, including inspection
expenses, incurred by Buyer in order to remedy defects in said goods.
Products manufactured by others but furnished by Seller are limited to the
original manufacturer's warranty and Seller shall not be liable under any
circumstances for defects in such products.
Because goods furnished hereunder are to Buyer's specifications and are used
or combined by Buyer with other equipment or components not furnished by
Seller. Buyer agrees to indemnify Seller for all claims resulting from the
use or incorporation of said goods in the Buyer's product.
Any controversy or claim arising out of or related to this contract, or the
breach thereof, must be commenced within one (1) year after the cause of
action has occurred.
IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER
WARRANTIES AND LIABILITIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE AND ANY
LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT THE USE OF THE PRODUCT SOLD
HEREUNDER. THE FOREGOING STATES SELLER'S ENTIRE AND EXCLUSIVE LIABILITY AND
BUYER'S EXCLUSIVE AND SOLE REMEDY. SELLER WILL IN NO EVENT BE LIABLE FOR ANY
CONSEQUENTIAL, SPECIAL OR CONTINGENT DAMAGE OR EXPENSE ARISING DIRECTLY OR
INDIRECTLY FROM ANY DEFECT IN ITS GOODS OR FROM THE USE THEREOF. NO OTHER
PERSON IS AUTHORIZED TO ASSUME FOR SELLER ANY SUCH LIABILITY.
"We rely on the customer to provide all pertinent information relative
to this order. Failure to provide all such information will void our
obligations under this order. We reserve the right to revise the quoted
price in
response to changes in your manufacturing, quality, delivery or other
requirements from those provided to us as a basis for our quotation."
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