- Contracts or orders are not subject to cancellation change, reduction in amount or suspension of deliveries, expect with our consent and upon terms which indemnify us against loss.
- Delivery of 10%, more or less, than the quantity specified shall constitute fulfillment of the order, and any excess not exceeding 10% shall be taken and paid for by the purchaser.
- We assume no responsibility or liability for any loss or damage occurring by reason of delay or inability to deliver caused by fires, strikes, accidents, embargoes, car shortage, delays of carriers, insurrection, riot acts of civil or military authorities, or from any other cause which is unavoidable or beyond our reasonable control, and if delays from such causes should occur, our delivery time shall be correspondingly extended. The acceptance of shipment by railroad or other common carrier shall constitute a delivery to the purchaser, and the company shall not be responsible for the merchandise damaged in transit.
- Prices given are firm only for uninterrupted runs in the lots specified and for the amount of each individual order accepted. Smaller runs, unless for our convenience, shall be subject to an increase in price. Prices on undelivered portion of any order are subject to change by the amount our costs are affected by Federal or State Legislation, increase in the cost of molding compounds used and basic labor rates, together with the covering overhead for such costs.
- Molded pieces will be shipped and billed and shall be paid for at the approximate rate of production indicated.
- In the event a purchaser’s amount, either for molds, tools, articles or parts, remains open or unpaid for a period of ninety (90) days, or in case of purchaser’s dissolution or bankruptcy, we reserve the right to use purchaser’s molds or tools to make and sell articles and parts therefrom until the account is liquidated and such sales shall not be deemed infringement of any patent or trade-mark thereon, of which the purchaser is owner or licensee. Also, unpaid balances for invoiced merchandise shall constitute a lien on any molds or tools in our possession.
- All contracts and orders are subject to credit approval and to our written acceptance. We may at any time alter or suspend credit, refuse shipment or cancel unfilled orders when in our opinion the financial condition of the purchaser or the status of his/hers accounts warrants it or when delivery is delayed by fault of the purchaser, or the purchaser is delinquent in any payment.
- In case of dissolution or bankruptcy of purchaser, molds in our possession not having been fully paid for shall become our property in partial satisfaction of unpaid account and unpaid engineering charges and at a fair value thereof not exceeding, however, the unpaid balance due thereon, subject, however, to the right of the Receiver or Trustee within three (3) months to redeem same for the unpaid balance.
- Claims for shortage or rejection for defects must be made in writing within thirty (30) days after date of shipment. Merchandise shall be returned only upon our written authorization. We shall not issue credit on any moldings which have been altered or defaced in any way or upon which any additional operations have been performed.
- Purchaser agrees to indemnify and hold us harmless against any loss, cost, liability or expense resulting from infringement or claimed infringement of patents or trade-marks
- Samples submitted shall be deemed approved if written notice of rejection is not received within ten (10) days after date of submittal.
- No representative of Arlington Industries/DBA Quadra-Tek is authorized to make oral warranties, promises or representations as to product and none shall be binding upon us until reduced to writing and signed on our behalf by an officer of the Company.
- In the even any merchandise supplied hereunder fails to conform to the sample or specifications therefor, if any or to our warranties, our liability in respect thereto shall be limited to either supplying other merchandise which conforms in all respects to such sample, specifications or warranties or refunding the purchase price thereof (upon return of such merchandise in accordance with under CLAIMS) provided, however, that the use or re-sale by the purchaser or the merchandise supplied hereunder will constitute an acceptance thereof, and all our warranties and obligations in respect thereto shall thereupon be discharged. No warranty is implied concerning the artistic, mechanical or practical advantages or disadvantages in the design or construction of the parts.
MOLDS AND TOOLS: –
- We agree to maintain all molds and tools in condition to furnish molded pieces to original specifications except that our liability in this regard shall not extend for more than two (2) years after completion of the most recent production order, and except when changes are requested by the customer and incorporated in the mold which will affect the physical characteristics of the mold. Normal repair and maintenance will be done at our expense. Worn out molds and/or molds that in our opinion will require maintenance beyond that normally provided or that produces excessive scrap shall be replaced by the purchaser.
- In consideration of molds and tools being quoted on a non-profit basis the purchaser is heirs assigns or successors agrees on paying a charge of 30% of the contract price of said molds and tools when and if he demands delivery thereof. The purchaser further agrees to accept molds as is when removed from our plant.
- The purchaser agrees to pay for changes in molds or tools made necessary by changes in specifications accepted by us and also agrees to assume all risk of resultant damage.
- A mold must be considered obsolete if no orders have been received for production for three (3) years and we accept no responsibility for its continued existence or availability after such a period of inaction. This clause will not be invalidated by lack of written notification of the expiration date.
- Unless otherwise specified herein, Arlington Industries/DBA Quadra-Tek will not convey any insurance of any type on your tools, dies, fixtures etc.
- If special jigs, fixtures, gauges or other tools are required they must be furnished by the purchaser or at the purchaser’s expense. Any jigs, fixtures and gauges made by the molder at his expense will be released with the mold if desired by the purchaser only after a satisfactory added price has been agreed upon.
- We cannot assume any responsibility for the accuracy, performance or maintenance of molds supplied us by the purchaser.
- Our failure to insist upon a strict performance of any of the terms and conditions herein shall not be deemed a waiver of any rights or remedies that we may have and shall not be deemed a waiver of any subsequent breach or default in the terms and conditions herein contained. No provision of this agreement shall be deemed to have been waived by us unless such waiver be in writing and signed by an officer of Arlington Industries/DBA Quadra-Tek.
- Unless specifically stated otherwise, satisfactory inserts are to be furnished by the purchaser F.O.B. our plant all charges prepaid. The quantity furnished shall exceed by 10% the number required to complete the order for molded parts. Inserts are subject to review in regards to design by Arlington Industries/DBA Quadra-Tek.
- Unless otherwise specified, the finish of the molded pieces includes only such polish as is obtained directly from the molding process.