Terms and Conditions of Sale
1. CONFLICT - Your purchase order is an offer to purchase. Our acknowledgment gives all terms and conditions. Any conflict between your purchase order and our acknowledgement, our acknowledgement will prevail.
2. GENERAL - Seller reserves the right to correct clerical and typographical errors. Orders accepted by Seller can be cancelled, or specifications changed only with Seller's written consent and upon the condition, that Buyer pay Seller reasonable cancellation charges. Any representation, warranty, course of dealing or trade usage not contained or referenced herein will not be binding on Seller. No modification, amendment, omission or waiver, or any other change will be binding on Seller unless assented to in writing by Seller's authorized representative.
3. CANCELLATIONS - In the event of Buyer's cancellation of order, the Buyer shall reimburse Seller for the work completed and work in process and for tooling and engineering expenses incurred in connection with such order
4. DEFECTIVE PRODUCT - Any material or merchandise found, upon inspection, to be improperly processed by us will be reworked without charge provided that: (1) Notice of defect is given in writing within seven days of receipt of material by Buyer. (2) We are given on the opportunity to inspect the material prior to return. (3) Materials or merchandise are in the same condition as when originally shipped by Seller. No claims will be accepted if product has been altered in any manner (finish, drilling, etc), even if product is stripped back to original finish. Processing or assembly of any such reject by Buyer or any other party shall constitute a waiver of any liability on Seller's part. It shall be the duty of the customer to inspect the merchandise immediately upon it's arrival, and in any event, claims must be reported in writing prior to the time that any further processing, assembling, or any other work is undertaken.
5. UNPLATED (PLAIN PRODUCT) - Seller does not guarantee unplated parts will not rust.
6. RETURNS - Seller will not accept return of any goods from Buyer without prior written authorization from Seller. All claims must be made within 30 days after receipt of material by Buyer. All product being returned after receiving written authorization, must be returned in original cartons and must not have been altered in any manner. Seller will indicate on written return authorization, a specific carrier to use to return subject parts. Seller will not be responsible for any freight/transportation charges, if a carrier other than the carrier specified on written return authorization is used by Buyer to return the subject parts.
7. TECHNICAL ADVICE OR OTHER ASSISTANCE - Unless otherwise agreed in writing, if Seller furnishes Buyer with any advice or technical assistance pertaining to any goods supplied hereunder, or any system or equipment in which any such goods may be installed, the furnishing of such advice or assistance will not subject Seller to any liability, whether in contract, warrant, tort (including negligence), or otherwise. Seller takes no responsibility for performance of the goods supplied hereunder, when used in components, parts or materials not supplied by Seller, and Seller takes no responsibility for the suitability of buyer's designs or installation procedures. In addition, Seller will not be responsible for specific applications without prior written approval.
8. DELAY - Seller shall not be liable for delays in delivery or performance due to causes beyond Seller's reasonable control, including, without limitation: material from our supplier, tooling, outside processing, fires, strikes, shortages of labor or material, government priority, or act of civil or military authority. In the event of such delay, there will be no termination and the date of delivery or of performance shall be extended for a period equal to the time of loss by reason of delay.
9. DELIVERY, TITLE AND RISK OF LOSS - Delivery dates are estimates subject to reasonable adjustments and are based upon prompt receipt of all necessary information from Buyer. Delivery will be made and title will pass F.O.B. point of shipment to Buyer only upon full payment by the buyer.. Risks of loss or damage pass to Buyer on delivery to common carrier unless otherwise specified. FOB point is Buyer unless otherwise specified on quote or written document from Seller to Buyer.
10. PERMISSIBLE VARIATIONS - All goods shall be furnished subject to our manufacturing standards and commercial variations and practices. Seller reserves the right to ship overages or underage to the extent of ten percent of the quantity ordered.
11. PRICES - Prices are subject to change without notice. All orders are accepted on the basis of price in effect at the time of shipment, or outlined in agreement between seller and buyer.
12. WARRANTY - Seller warrants the goods described herein against defects in material and workmanship for a period of thirty days after receipt of shipment. Seller's obligation under this warranty is limited to the furnishing or repairing of, at Sellers option, any goods which it determines to be defective with all the necessary packaging, dismantling, assembly and transportation costs to be paid by Buyer.
13. PPM - A standard ppm of 50 is applied to all quotes and orders unless otherwise specified on the quote or written document from Seller to Buyer.
14. PAYMENT TERMS - Net 30 unless otherwise specified in writing from Seller to Buyer. The Seller is specified as R & R Rivet and Fastener Products or Canadian Blind Rivet. The Buyer is specified as any company or individual buying product from Seller.
15. LIABILITY - Unless otherwise specifically restricted by mandatory applicable law, Seller's liability under any claim and in connection with any possible allegation, whether based on negligence, contact or any other cause of action shall be limited to either (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair, or payment of the cost of repair, of the goods; (iii) credit in an amount equal to the purchase price specified in sellers pertinent invoice, or in an amount of equal goods, all at Sellers sole option. Buyer acknowledges that the remedy available to him as specified herein, is in lieu of any remedies that may be otherwise available to him, now or in the future, whether in law or in equity, relating to any loss or damage, whether directly or indirectly, arising from the purchase and/or the use of the Goods, including without limitation, any actual or contingent damages, loss of production, loss of profit, loss of use, loss of contracts, or any other consequential or indirect loss whatsoever, whether pecuniary or non-pecuniary. Should any limitation on Sellers liability hereunder be held ineffective under applicable law, than Sellers liability shall in any event be limited to the minimum amount of damages to which seller may limit its liability, where such is greater than the purchase price as specified in Sellers pertinent invoice.
16. PARTS QUOTED TO CUSTOMER PRINT - When parts are quoted to a customer print the quote only applies to the material, finish and dimensions of the print provided and any deviations that may be quoted. We cannot make recommendations or conclusions of the fit and function of the part to the application without full access and knowledge of all application and installation parameters. The customer takes full responsibility that the part made to print is the correct part needed for the application and the application parameters are correct for the part to install properly. We will provide technical representation to help with the application parameters and installation tooling needed as requested.