STANDARD TERMS AND CONDITIONS OF
R-ADMN-4111,
eff: 7/14/08
1.
No contract will result from a quotation unless and until an order,
upon the terms and conditions set forth herein or otherwise agreed
upon in writing, is accepted. At any time prior thereto, and without
notice, a quotation may be withdrawn.
Quotations are valid for 60 days unless otherwise noted.
2.
Except with Sapona Plastics’ consent, orders placed may not be
cancelled or revised after acceptance thereof, nor may delivery of
goods made up, or in process, be deferred beyond date originally
specified.
3.
Delivery of 10% more or less than the quantity specified shall
constitute fulfillment of any order, and any excess, not exceeding
10%, must be taken and paid for by customer unless otherwise agreed.
4.
Every effort will be made to fill orders within the time promised.
Unless specifically stated to the contrary, quotations are made and
orders are accepted for delivery and billing of partial shipments, as
fast as manufactured. It is anticipated that molded pieces will be
shipped and billed at the approximate rate of production indicated.
We do not carry special molded parts in stock.
5.
All sales, use, gross income or other taxes, import and export
duties, levied or assessed by any Governmental Body (Federal, State,
Municipal or otherwise) except Federal or State Income Taxes, in
connection with the sale contemplated by this proposal, and
collectible from either party, shall be for the sole account of the
customer, who shall pay same or reimburse Sapona Plastics if we are
required to pay same, unless otherwise noted.
Freight terms on molds sourced off shore are DDF, (Delivered
Duty Free), unless otherwise noted, which means the cost of ocean
freight, duties, and fees is included in the selling price form the
point of origin to the FOB location specified, normally our plant.
There may be additional charges for air freight and will be
quoted upon request.
6.
Molds and tools furnished by Sapona Plastics will be retained by us
at least one year and/or until the amounts invoiced for parts
produced wherefrom aggregate ten (10) times the price billed by us
for such molds and tools, notwithstanding customer’s payment for
such molds and tools. All costs of mold and tool alterations
authorized by customer and all risk of damages resulting from such
alteration shall be for customer’s account. We shall not be
responsible for normal wear and tear or obsolescence of molds, tools,
etc., nor in any event for availability or condition thereof for more
than two (2) years after completion of latest order for production
therewith. Mold
approval will be based first on meeting specified functional requirements.
If mold parts meet functional requirements, print dimensions
will be changed to actual part capability.
Molds must be
paid for in full before any pre-production runs will be produced.
7.
Special gages, fixtures or other small tools required must be
furnished by customer, or paid for by customer if furnished by Sapona
Plastics. Extra billing will be made for special engraving work,
unless specifically included in quotation.
8.
We shall not be responsible for drawings, samples or models left
with us more than thirty (30) days after notification by Sapona
Plastics that we have no further need thereof.
9.
Unless instructed on shipping method, placement of values and
carrier, Sapona Plastics will use our own discretion thereon. In so
doing, however, we act in the customer’s behalf without
responsibility on our part.
10.
Claims for shortage must be made within ten (10) days after receipt
of goods. Sapona Plastics accepts no responsibility for breakage,
damage or losses occurring after delivery by us to carrier. All
claims in such regard should be made direct to carrier.
11.
Credit will be allowed on molded parts rejected by customer and
found by Sapona Plastics to be non-conforming, provided claim of
non-conformance is made within thirty (30) days after shipment and
return of goods is authorized by us. No credit will be allowed on any
molded parts which have been altered or defaced in any way, or upon
which any additional operation has been performed.
12.
Sapona Plastics may assist our customers with suggestions on design,
construction and materials. Sapona Plastics cannot, and will not, be
liable or responsible, however, for any loss, cost or damage
resulting from or connected with the observation or use of any of
such designs or recommendations provided.
13.
By the placement of any order with Sapona Plastics, customer agrees
to indemnify against and
hold harmless from any loss, cost, damage or expense resulting from
any claim of patent, trademark or copyright infringement by any
product to which order relates, by any use of a mold, fixture or
other article furnished or specified by customer, or by any process
specified by customer.
14.
Sapona Plastics shall not be liable for any delay or non-performance
caused in whole or in part by any act of God or the public enemy, or
by labor troubles, strikes, lock-outs, riots, fires, storms,
explosions, breakdowns of machinery, railroad embargoes or
congestions, government embargoes or interventions, failure or delay
of manufacturers or persons from whom we are obtaining machinery,
equipment, materials or supplies to deliver the same, or other causes
beyond our control and affecting us, our manufacturing facilities or
our sources of supply, whether such other causes be of the classes
herein specifically provided for or not the cause(s) of delay or
non-performance are existing at date of contract. We shall in no
event be liable for special or consequential damages.
15.
Any contract arising wherefrom shall be interpreted in accordance
with the laws of
16.
Raw material price increases will be passed on to the customer as
they become effective to us, normally with 4 weeks notice.
17.
Any confidential information so indicated that is not generally
known by outside parties will be protected from disclosure.
Such information may only be used for furtherance of services provided.
Contractors and suppliers will be required to protect confidentiality
of information.
18.
Payments are to be remitted in time to arrive by the due date to the
following address:
Sapona
Plastics, LLC
PO
Box 2464
Asheboro,
NC 27204-2464
The
physical address is: (no mail receptacle)
Sapona
Plastics, LLC