QUOTATION: Labor and material prices are based on quantity released for production and/or specified shipment. If samples for approval are required and/or if a pre-production run is required, we reserve the right to charge a special setup charge and/or requote accordingly. If after such samples for approval or pre- production run is submitted, the production order is cancelled, we reserve the right to charge and/or requote accordingly and add a cancellation charge covering the special tools or equipment used to produce such samples for approval or pre-production quantities. Separate setup/programming charges, when quoted, are made for each specified shipment. This quotation is valid for 30 days from date. After 30 days all prices are subject to change without notice. Stenographical and clerical errors are subject to corrections. All shipments quoted F.O.B. Shipping Point, unless stated otherwise in writing.
DELIVERIES: Every effort will be made to fill orders within the time promised. We do not assume responsibility for any damages growing out of or owing to any delays in delivery caused by: strike, lock-out, fire, carriers, accident, or other cause beyond the Seller's control. Unless specifically stated to the contrary, orders are accepted for delivery as fast as manufactured by partial or complete shipment packed in bulk.
CANCELLATION: All orders that are accepted on a manufacture-and-hold basis or orders for and quoted on a quantity which will be spread over several months’ time, are non-cancellable. If such an order is cancelled, a cancellation charge (based on actual quantity shipped as if it were an individual order for the reduced quantity, plus any special inventories already purchased by Seller to support future scheduled releases) may be calculated and assessed in any event when deliveries of such pre-scheduled orders extend beyond 90 days, we reserve the right to change or escalate the price.
Due to the custom nature and non-reusability of our products, any order that is cancelled after production has started will be subject to a cancellation or re-stocking fee up to and including any labor or material cost incurred during production efforts.
MATERIAL: Certificates of Compliance on material will be furnished only if requested at the time the order is released. When quotation specifies material to be furnished by the Buyer, ample allowance must be made for reasonable spoilage and material must be of suitable quality to facilitate efficient production.
QUANTITIES: All quotations are based on Buyer accepting over-runs (+) and under-runs (-) 10% of quantity ordered. Where closer control of quantity is required, it should be so stated in Buyer’s purchase order.
STANDARD TOOL & MOLD EQUIPMENT: All tooling is the partial property of the Buyer and will be for their use exclusively. Tools will be retained and maintained by Franklin Fibre-Lamitex Corp. in order to produce satisfactory parts on future orders, without storage or maintenance charges. We do, however, reserve the right to charge nominal Tool repair charges if necessary, when quantities produced have exceeded maximum designed tool life.
Tools which must be released to the Buyer will normally carry an additional 50% charge of the quoted Partial Tool Charges. This charge covers the engineering services necessary in the designing of molds and tools, and not charged for, being quoted herein on the basis of labor and material only and not at their fair market value and the preparation of tooling for shipment by suitable crating and packing. Standard tooling will not be insured by Franklin Fibre unless specifically requested, and if so desired, would be at Buyer's expense. Floater policies of most Buyers cover such tools as may be in our plant. Tooling may be disposed of at Franklin Fibre’s discretion after 5 years of inactivity.
Tooling: Standard Tool & Mold Equipment -- 50% of mold charges with Purchase Order; balance Net 10 days after submittal of pre-production samples. Where Partial Tool Charge is under $500.00 and account has acceptable credit rating, full payment net 10 days after submittal of pre-production samples.
Materials & Parts: Net 30 days to companies with satisfactory credit rating. Interest of 1.5% per month on unpaid balances past due will be charged on the 15th of the month. No returned material will be accepted without our written authorization.
Credit Card Purchases: All credit card purchases that include prepaid & add shipping terms, or any other terms that do not include the customer accepting the shipping charges on their own business or personal account will incur a 30% hold on their credit card until shipment. Upon shipment the 30% hold will be removed and be replaced with the actual cost of shipping.
TOLERANCES: Dimensional tolerances shown on print will be maintained unless otherwise specified by Franklin Fibre- Lamitex Corp. If no tolerances are shown, every effort will be made to hold the best commercial industrial tolerances.
WARRANTY: The Seller makes no warranty that the items sold hereunder are suitable for any particular purpose for which they are purchased. The Buyer assumes all risk whatsoever as to the result of the use of materials purchased whether used singularly or in combination with other substances. No other warranties - expressed, implied, or statutory - shall apply to the items sold hereunder. In the event of a breach of any warranty - expressed, implied, or statutory - or in the event the items are found to be defective in workmanship or material, the liability of the Seller shall be limited to the repair or replacement F.O.B. our factory of such items as are found to be defective or non-conforming, provided that written notice of any such defect or non-conformity must be given to the Seller within ten days from the date of shipment. All Franklin Fibre products are subject to manufacturing variations. No material shall be returned without our written authorization. Charges will be made for handling unauthorized returned material. Should any material furnished by us prove defective we will upon notice accept its return for credit or replacement. No claims will be allowed for expense incurred in using or repairing such material. The Seller shall not be liable for consequential damages of any kind. No waiver, alteration or modification of the foregoing provisions shall be valid unless made in writing and signed by an executive officer of the Seller. Any legal matter resulting from the Buyer/Seller engagement will be resolved in accordance with the Laws of the State of Delaware.
INFRINGEMENT: Buyer assumes liability for patent and copyright infringement when goods are made to Buyer’s specifications.
TAXES: The Buyer shall reimburse Seller for all taxes, excises and other charges which Seller may be required to pay to any government (national, state, or local) upon the sale, production, or transportation of the material sold hereunder
**These terms supersede all other terms including those, if so printed, on Buyer's forms.