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quotation may be withdrawn.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