ETCHED MEDIA CORPORATION TERMS AND CONDITIONS
1. Prices are based on wages and cost of raw materials prevailing at the date of quotation and, therefore, are subject to change reflecting increased costs on written notice. Prices quoted are effective for 30 days.
2. Prices are quoted on samples, blueprints, or drawings at hand, and any modification thereof subjects this quotation to adjustment.
3. This quotation is based on continuous production of the quantity herein specified, small runs subject to increase in price.
4. All quotations are subject to change or withdrawal by seller at any time prior to final acceptance of buyer’s order, as herein provided.
5. Acceptance of the order is subject to the approval of credit. Seller shall have the right to modify, change or withdraw credit terms at any time without notice and to request guarantees, security or payment in advance of the amount of credit involved.
6. The full amount billed or contracted for is due and payable 30 days from delivery of the goods unless otherwise stated. A finance computed at a periodic rate of 1 1/2% per month (which is an annual rate of 18%) on the unpaid balance will be made on accounts not paid when due, and customer agrees to pay such charges and to pay reasonable attorney’s fees if action is brought to collect from customer. The terms and conditions hereof become the exclusive and binding agreement between the parties covering the purchase of the articles or services ordered herein when this quotation is accepted by acknowledgment or commencement of performance. This order can be accepted only on these terms and conditions. Additional or different terms proposed by the buyer will not be applicable unless accepted in writing by the seller.
Unless otherwise specified:
A. Dies – 50% of price quoted for the dies to be paid down with the order.
B. Buyer agrees that seller shall have a possessor lien on all dies which are in seller’s possession for the total amount owing by buyer to seller for all die, parts, materials, and services of all kinds supplied or rendered by seller to buyer, which lien shall be enforceable in the manner provided by California Civil Code 3052.
7. Schedule changes to open orders will be made when possible.
8. Orders may be canceled only upon the conditions that buyer assume immediate liability for and make payment to seller for costs of and profit on work in process to date of cancellation; and further that buyer assumes liability for commitments made by seller relating to the order.
9. Unless otherwise specified, prices quoted cover bulk packing only, FOB origin.
10. Buyer agrees to accept either overage or shortage not in excess of ten percent to charge for pro-rata.
11. Unless otherwise stated on order, seller’s best judgment will be used in routing shipments.
12. Seller does not assume responsibility for any damages directly or indirectly resulting from delays in delivery. When parts are broken or damaged in transit from seller to the buyer, it is considered the responsibility of the buyer to file a claim with the carrier for said breakage or damage.
13. Claims for shortage or rejections must be made in writing within 10 days after receipt of goods. Seller agrees to repair, replace or, at seller’s option, issue credit for all defective parts which have not been altered machined or finished after authority is given, provided they are returned to seller’s factory properly packed within 30 days after shipment, and after seller has had an opportunity to inspect them.
With respect to the goods which are quoted heron or are ordered based upon this quotation, there are no express or implied warranties that extend beyond the description on the face of this quotation. There are no warranties implied by custom or usage in the trades of either buyer or seller. Buyer’s sole exclusive remedy against seller in connection with any such goods shall be to return the goods and obtain repayment of the price, or at seller’s option, to have such goods replaced or repaired by seller. Buyer shall have no right to consequential damages, and seller shall not be liable for injury to property other than the goods themselves.
14. Seller agrees to absorb normal maintenance costs during normal die life while in seller’s possession. Normal die life will be considered terminated when buyer no longer accepts parts produced from the die because of defects caused by die wear. At that time, quotations will be submitted by the seller covering:
A. Cost of replacing parts or all of the die as needed or
B. Additional cost of whatever secondary operations may be involved.
15. The buyer agrees to pay for changes in dies and fixtures made necessary by changes in specifications accepted by seller.
16. Tooling is not insured and seller shall not be responsible or liable for any loss or damage thereto or to any materials or equipment owned or furnished by the buyer.
17. In consideration of the engineering service necessary to design and produce the dies and fixtures, the buyer agrees to pay an additional charge of 25% of the price originally charged for such items and accept same in “as is” condition if these tools are removed from the seller’s possession.
18. All sales are subject to such Local, State, and Federal taxes as may properly apply, and no such taxes are included in any price quoted.
19. Etched Media prices are based on a higher quality level that exceeds the standards.
20. Reorders, if accepted by seller, are considered as placed under the same terms and conditions as the buyer’s previous order, when such
orders are not placed pursuant to a formal written proposal and acceptance. Such additional orders may be subject to price changes.
21. Stenographical and clerical errors are subject to correction.