STANDARD TERMS & CONDITIONS
This writing, along with Precision Laser Services, Inc.’s (herein after referred to as PLSMFG) approved quotation, constitutes the complete and exclusive statement of the terms and conditions of sale of the products described in these terms and conditions. No additional or different terms or conditions will be binding upon PLSMFG unless specifically agreed to in writing; and failure of PLSMFG to object to provisions contained in any purchase order or other communication from the Purchaser shall not be construed as a waiver of these terms and conditions nor an acceptance of any such provisions.
No oral representations, changes, or comments made by any representative of PLSMFG shall be effective to vary the terms of this quotation. Quotations shall only be effective when signed by the Engineering Manager of PLSMFG. Quoted prices are good for ten (10) days and reflect material pricing in effect at the time of quotation and are subject to change with market conditions. Quoted delivery is to be used as a guideline only; firm delivery promise will be given by PLSMFG upon receipt of order.
Invoices not paid within thirty (30) days of shipment shall thereafter bear interest at the rate of eighteen percent (18%) per annum until paid, or at the highest rate allowed by law, whichever is greater. Purchaser agrees to pay all cost related to any necessary collection efforts, including but not limited to reasonable attorney fees.
Orders may be cancelled only with the written consent of PLSMFG executed by the General Manager. Customer will be responsible for all costs, including production time, incurred up to the point of cancellation. In the event that PLSMFG acquires material on your behalf, you will be responsible for payment for all of such materials even if you terminate your order before all of such materials have been used.
If you provide parts for PLSMFG to process, it is customary for some of your parts to be used to set up our machines. PLSMFG will make every effort to minimize the use of these parts but will not be responsible for the cost of these pieces. In the event that parts provided by you become damaged during production, PLSMFG will, at our option, either rework the damaged parts or credit your account for our charges.
PLSMFG warrants that parts sold here under shall be free from defects in workmanship (and material, in the event such material is supplied by PLSMFG). You are responsible for timely inspection of our shipments and prompt notification of any defect or nonconformity. No adjustment will be allowed for claims not asserted within 30 days after shipment. PLSMFG will, at our option, either repair or replace the defective parts, or issue credit for the defective parts. No additional charges are allowed without prior, written authorization of PLSMFG, executed by the General Manager. Parts may be returned only with PLSMFG prior written approval, in accordance with the warranty provisions set forth above.
You will bear the risk of loss for materials provided by you while they are in our custody. We retain liability only for our own negligence. You will keep your material insured against fire, theft and disaster while they are in our possession or in transit between your and our locations.
If designated “FOB our dock”, you will bear the cost of shipping and the risk of loss in transit. If designated “FOB your dock”, PLSMFG will bear the cost of shipping and the risk of loss in transit. We retain the right to ship your order in installments. If PLSMFG has quoted an EAU price, minimum release quantity is 1/10 of that quoted volume. Delivery and billing up to 10 percent (10%) more or less than quantities ordered shall constitute filling the order under trade practices. Charges shall be for actual quantity of products shipped
The amount of any present or future federal, state, county or local taxes should be paid by the Purchaser. Sales, use, excise, nexus or similar taxes arising out of or relating to the sale, delivery, installation or use of material described on the face hereof are not included in the price except as otherwise specified herein. All such taxes are the responsibility of Purchaser and PLSMFG shall have the right at any time to separately bill Purchaser for such tax. In jurisdiction with applicable tax exemptions, taxes shall be charged and collected until an appropriate certificate of exemption is presented to PLSMFG.
PLSMFG shall not be liable for delays in shipment, changes in shipment schedules or failure to deliver caused by accident, fire, strikes, floods, embargoes, civil commotion, state of war or any other factor or event beyond PLSMFG reasonable control, none of which factors or events shall give rise to any liability on the part of PLSMFG, but shall extend the shipment date for a period of equivalent to the time lost by reason of all such factors or events. Use of the parts by Purchaser shall constitute a waiver of any claim for delay, and in no event shall PLSMFG be liable for consequential or other damages for any delay.
PLSMFG assumes no liability for design or quality of materials as specified. We will process your materials to your design or as directed by you. You hereby indemnify us against all claims for loss or damages which may be asserted by anyone arising from claimed design or material defects.
Purchaser assumes the responsibility to test the proposed material and/or part under actual use conditions to determine its suitability for the application. PLSMFG obligation under the foregoing warranty is strictly and exclusively limited to the replacement or refund of parts determined to be so defective and such obligation is conditioned upon Purchaser giving prompt written notice to PLSMFG of any claimed breach of warranty within the inspection period. PLSMFG shall have the right to remedy such defects at such time or times as may be reasonable.
PLSMFG SPECIFICALLY DISCLAIMS AND EXCLUDES ALL THE WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL PLSMFG BE LIABLE FOR CLAIMS (BASED UPON BREACH OF EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE OR OTHERWISE) FOR ANY OTHER DAMAGES, WHETHER DIRECT, IMMEDIATE INCIDENTAL, FORESEEABLE, CONSEQUENTIAL OR SPECIAL.
In the event that it becomes necessary for PLSMFG to file suit against you to enforce an agreement, including but not limited to payment, PLSMFG shall be entitled to recover all costs of collection including court costs, attorney’s fees and interest on all amounts due and payable. In the event that it becomes necessary to file suit to enforce any term of an agreement between you and PLSMFG, the Allen County Circuit or Superior Court shall have jurisdiction and venue of the matter, and the laws of the State of Indiana shall apply.