Acxess Spring Terms and Conditions
All quotations are based on the most current information available regarding labor, material and outside service costs. Lead times are based on production backlogs at the time of the quotation. Clerical errors are subject to correction.
In the event there is a problem with your order, it will be necessary to obtain an return materials authorization number prior to returning any parts to Acxess Spring. The RMA number issued will be referenced in all material dispositions including the issue of credit. Acxess Spring will not be responsible for any alterations to the parts without prior written consent.
To establish a line of credit with Acxess Spring Company ask us to provide you with our credit application and we will email it to you. Please email to: firstname.lastname@example.org or by postal mail or fax your application to 951-276-9777. The application should include the names, addresses, contacts and telephone numbers of at least three (3) trade references. Also, we require certain banking information, including the name of your bank, bank account number, name of bank contact and telephone number. The application should be signed by an authorized representative of your company, so your bank may release the appropriate banking information. When credit is established we will ask for a valid credit card to remain on file with us in the event of late payment Acxess Spring will charge that credit card for the balance of your past due invoices. For your convenience we accept most major credit cards.
Delivery of Goods
Unless specified in advance, all orders will be shipped freight collect via UPS or common carrier as determined by container size and weight restrictions.
Additional Order Information
Our goal at Acxess Spring Company is to keep our customers satisfied in both production and our customer service. If you happen to have any questions or concerns regarding the exposed information, please feel free to contact us or send us an email at email@example.com to request more information about our standard terms and conditions or to have one of our customer service agents contact you.
Acxess Spring Terms and Conditions
- The order confirmation/acknowledgment is confirmation of the order made by Buyer. It is expressly agreed that the terms and conditions stated therein are the sole terms and conditions of the order and sale.
- To the extent the prices quoted therein have been estimated from specification by the Buyer, such prices are subject to adjustment to accommodate changes required in the manufacturing process by Buyer’s specifications.
- (a) The Shipment Date set forth on the acknowledgement will be deemed accepted by the Buyer unless objected to, in writing, within ten (10) days from receipt of this order acknowledgment. Any delivery not in dispute shall be paid for regardless of other controversies relating to other deliveries or undelivered material.
- (b) Seller’s performance is at all time subject to change or cancellation due to causes beyond Seller’s control, including but not limited to fires, strikes, accidents, catastrophes, acts of God, war conditions, shortages of labor, material or means of transportation, governmental order and regulations, legal interferences or prohibitions, embargoes, defaults on the part of suppliers, and any other events or conditions which shall make performance by the Seller difficult or impossible.
- (c) Seller will make a good faith effort to perform and make delivery at the time estimated, but because of the nature of Seller’s work notice is hereby given to the Buyer that no liability shall attach or accrue to Seller for late performance or delivery.
- (d) If Buyer claims any discrepancy in count or weight, Buyer must notify Seller in writing, within fifteen (15) calendar days after its receipt or shipment.
- (e) Delivery shall be F.O.B. Seller’s premises unless otherwise indicated on the front side hereof. Seller reserves the right to determine the place of manufacture of all orders. Risk of loss passes to the Buyer upon shipment.
- (f) Prices include all charges for Seller’s normal packing and crating. Seller is not obligated to provide any special containers. If Seller agrees to provide special packing and crating, it reserves the right to charge Buyer a reasonable price therefor.
- (g) Any order to be delivered to the Buyer on credit is subject to the prior approval of Seller’s credit department.
- (h) Seller shall have the right, in addition to all other it may possess, at any time, for credit reasons or because of Buyer’s defaults in its obligations hereunder, to withhold shipments, in whole or part, and to recall materials in transit, retake the same, and repossess all materials which may be stored with Seller for Buyer’s account, without the necessity of taking any other processings, and Buyer consents that all the materials so recalled, retaken or repossessed shall become Seller’s absolute property. The foregoing shall not be construed as limited, in any manner, any of the rights or remedies available to the Seller under the Uniform Commercial Code as adopted in the State of California or any default of Buyer.
- (a) All spring specifications are subject to standard commercial spring variations or tolerances. Any spring sample provided by Buyer to Seller shall be considered a spring specification.
- (b) Where Buyer requires test or inspections not regularly provided by Seller will make a reasonable extra charge therefore. One hundred percent (100%) inspection is not promised by Seller nor included by Seller in its price, unless otherwise specified or requested.
- (c) In making materials to buyer’s specifications it may be impossible to produce exactly the quantity ordered. It is therefore agreed that shipment by seller of ten percent (10%) over or under the amount specified by Buyer shall be accepted by Buyer as completing this order.
- (d) Stenographical and clerical errors and omissions by Seller are subject to correction.
- (a) Buyer agrees that payment in full is due in cash, based upon terms as noted on face of invoice.
- (b)For accounts not paid within agreed upon terms, Buyer will subject to interest charged on the unpaid balance of the invoice at the rate of 2% per month. Said interest shall be charged beginning the first day following due date of invoice.
- (a) If Buyer claims that any material shipped by Seller is defective or fails to meet the spring specifications written otherwise accepted by Seller, Buyer shall not return such material but shall notify Seller of Buyer’s claim within fifteen (15) days of the receipt or shipment of said material by Buyer.
- (b) Said notification to Seller shall be in writing, signed by an authorized representative of Buyer, and shall state any and all facts and charges relative to Buyer’s claim.
- (c) If Seller determines that a defect exists in material or workmanship, Seller will, at its option, replace the defective material, repair it, or otherwise settle Buyer’s claim.
- (d) Notwithstanding the above, Seller shall have no obligation or liability whatsoever with respect to its material for normal wear and tear, if persons other than Seller shall have performed any repair work on or made any alterations to said material or for any material or part thereof which has been damaged through accident, negligence, misuses, or abuse.
- (e) THE FOREGOING OBLIGATIONS ARE IN LIEU OF ALL OTHER OBLIGATIONS AND LIABILITIES OF SELLER AND SET FORTH BUYER’S EXCLUSIVE REMEDY FOR ANY CLAIM OF DAMAGES IN CONNECTION WITH OR RELATING TO THE MATERIAL, INCLUDING ITS DESIGN, SUITABILITY FOR USE, INSTALLATION OR OPERATION. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SELLER WILL IN NO EVENT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER AND SELLER’S LIABILITY UNDER NO CIRCUMSTANCES WILL EXCEED THE CONTRACT PRICE FOR THE MATERIAL FOR WHICH LIABILITY IS CLAIMED. NO WAIVER, ALTERATION, OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE SELLER.
- (a) Seller’s delivery of materials to a carrier shall constitute transfer of tittle, ownership and possession to said material from Seller to Buyer.
- (b) If delivery is to carrier, any such carrier shall be deemed to be acting for Buyer and the materials shall thereafter be at the Buyer’s risk.
- (a) Buyer may not cancel an order in whole, or in part, without Seller’s written consent.
- (b) If Seller elects to give such consent, Buyer shall pay (I) any expense incurred by Seller in the purchase of raw materials plus ten percent (10%) to cover Seller’s handling costs; (II) the cost of any other tools or dies manufactured or purchased by Seller for said order: and (III) any other loss or damage incurred by Seller, including Seller’s lost anticipated profits from the cancellation of Buyer’s order.
- Seller’s quoted prices do not include sales, use, excise, customs, or other taxes which now or hereafter may be imposed with respect to any transaction involved herein and/or with respect to the manufacture, production, treatment, sale, delivery, transportation or process of material sold by Seller. All such taxes shall be paid by Buyer, and if paid or required to be paid by Seller, the amount thereof shall be added to and shall thereafter become a part of the price payable by Buyer to Seller.
- All orders manufactured according to specifications furnished by Buyer are accepted and manufactured in consideration of and upon the condition that Buyer represents and warrants that Seller’s manufacture and sale of materials pursuant to Buyer’s specifications and/or the use of said manufactured materials by Buyer, will not infringe or violate any United States or foreign patent, and Buyer agrees to forever indemnify Seller against all judgements, decrees, costs, or expenses resulting from any such alleged or actual infringement or violation and further, upon written request of Seller, Buyer agrees to defend at its own expense any action which may be brought against Seller, its suppliers, vendees, lessees, licensees and assignees under any claim of patent infringement resulting directly or indirectly from the manufacture, sale or use of materials made according to Buyer’s specification.
11. Tools and Fixtures:
- The necessary tools, dies, and fixtures required for Buyer’s order will be retained in Seller’s possession for Seller’s use in filling orders of Buyer. If, at any time, a period of three (3) years has elapsed since the receipt of any order from Buyer requiring the use of such tools, dies, and fixtures, Seller may thereafter make any such use or disposition of such tools, dies and fixtures as Seller desires, without accounting to Buyer for such use or disposition, or the proceeds thereof.
- The terms and conditions of all quotations, purchase orders and resulting sales shall be construed, governed and enforced solely in accordance with the laws of the State of California; and the parties shall be entitled to all rights conferred upon them by the Uniform Commercial Code as adopted in State of California. In addition, Buyer agrees to pay all costs, expenses and attorneys’ fees incurred by Seller as the consequence of Buyer’s breech of any of its obligations hereunder.