Terms Of Sale
1. With respect to goods purchased by Buyer from Seller ("Goods"), no contract
exists until Buyer places order for delivery and such order is accepted by Seller's
acknowledging receipt of the order, by Seller's commencement of work on the
Goods ordered, or by Seller's shipment of the Goods, whichever occurs first.
Any acceptance will be limited to the express terms contained on the face hereof.
Additional or different terms in Buyer's form or any attempt by Buyer to vary
in any degree any of the terms of this of this quotation shall be deemed material
and are objected to and rejected, but this shall not prevent the formation of
a contract between Buyer and Seller unless such variances are in the terms of
the description, quantity, price or delivery schedule of the goods, and the
order shall be deemed accepted by Seller without said additional or different
terms.
2. All agreements are contingent upon strikes, accidents and other reasons for
delay beyond Seller's control.
3. Where a separate charge is made for specially designed tools and dies, Seller
will maintain such tools and dies without further cost to Buyer for the life
of such tool or die so long as the part remains active and the design is not
changed and Seller will not use such tools and dies for others without Buyer's
permission, but Buyer acquires no right to remove any such tools or dies from
Seller's factory.
4. Seller warrants to Buyer that the Goods purchased by Buyer from Seller shall
be free from defects in material and workmanship. This warranty is the only warranty
applicable to the Goods. THERE ARE NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY DISCLAIMED.
5. All Goods shall be inspected by Buyer when received and Seller shall not be
liable for any defect unless notified in writing within 60 days after delivery.
6. Seller's liability for breach of warranty shall be limited solely and exclusively
to repairing or replacing, at Seller's option, the defective Goods. In no event
shall the liability of Seller for breach of any contractual provision relating
to the Goods exceed the purchase price of the Goods quoted herein. In no event
shall Seller be liable for any special, incidental or consequential damages arising
out of Buyer's use or sale of the Goods or Seller's breach of any contractual
provisions relating to the Goods, including but not limited to any loss of profits
or production by Buyer. Any action resulting from any breach by Seller must be
commenced within one year after the cause of action accrued.
7. Except to the extent caused by Seller's breach of warranty, Buyer shall indemnify
and hold harmless Seller, its employees, officers and directors, and their respective
successors and assigns, (collectively, "Indemnities") from and against any and
all liability, damages, claims, causes of action, losses, costs and expenses
(including attorneys' fees) of any kind (collectively, "Damages") arising out
of injuries to any person (including death) or damage to any property caused
by or related to the Goods or any negligent act or omission of Buyer, its employees
or agents. Buyer shall indemnify and hold harmless each of the Indemnities from
and against any and all Damages, royalties and license fees arising from or for
infringement of any patent by reason of any sale or use of the Goods or the manufacture
of the Goods to Buyer's specifications or sample. Upon the tendering of any of
the foregoing suits or claims to Buyer, Buyer shall defend the same at Buyer's
expense. The foregoing obligations of Buyer shall apply whether Seller or Buyer
defends such suits or claim.
8. Seller reserves the right to over and under ship by not more than 10% of specified
quantity.
9. Small quantities are considered prototype quantities and cannot be returned
since the cost of re-inspecting and handling them is generally higher than the
value of the parts. Larger quantities may not be returnable depending on the
ability to re-sell these parts within a reasonable time period. Special runs
are not returnable.All returns must be authorized and an Authorization Number
is required. Please contact our Customer Service at sales@assocspring.co.uk or
by phone at 419-891-9292. Unauthorized returns will be returned at customer's
expense.All authorized returns must be in their original packaging and labeling
to insure lot control integrity. Parts cannot be altered or used in any fashion.
Parts from separate lots cannot be mixed.A restocking fee will be charged to
authorized returns. Additional charges may be required for re-inspection, cleaning
and repackaging. Credit for damaged parts will not be issued. All returns will
be shipped to the authorized return center pre-paid by sender. Actual credit
issued will be for the quantity of acceptable parts at the original piece price,
less the restocking charge, less the original freight and any other charges that
are necessary to return the parts to a saleable condition.
10. Please note that all indicated prices are in US$, and are for standard product
shipped within the continental USA, including Alaska. For Canada orders, please
contact Associated Spring Operations - SPEC Dept - 19 E. Church St, Corry, PA
16407 - USA or call 1-800-263-4256 - Fax (814) 664-0312. For all other shipments,
please contact our Customer Service Department as indicated above or check our International
Locations page. |
