TERMS AND CONDITIONS
- The terms and conditions herein set forth shall be deemed to be a part of and included in
any purchase order you may issue to us in acceptance of this offer whether or not same are
expressly provided in said purchase orders, and are in lieu of and in substitution of any
terms and conditions in said purchase orders in contravention of the terms and conditions
- All contracts, agreements and orders are taken contingent upon fire, strikes, and causes
unavoidable or beyond our control, and when time of delivery is given, we will use our best
efforts to complete as near that time as possible, but we cannot be held responsible for any
loss or unavoidable inconvenience caused by non-delivery in time specified.
- It is expressly agreed and stipulated that should the services covered by this quotation
be terminated by either party before completion; that the amount due and owing to us at time
of said termination shall be the full amount accrued for services rendered to said date of
termination in accordance with the hourly rates and /or charges as set forth.
- All designing, methodizing and engineering service is without guarantee, however, if any
corrections are necessary to engineering, same will be made only in our plant and our obligation
shall not extend beyond making such corrections. No allowance will be made for work done by you
or at your order.
- You will defend and save us harmless from all cost, expense, damages and judgments, arising
from alleged infringements of patents or any improvements thereof resulting from services performed
by us. However, all designs and inventions made in performance of work done pursuant to your order
shall be promptly disclosed to and become the sole property of your company and we further agree,
with respect to said designs and inventions, but without cost or expense to us, to execute or obtain
the execution of such papers, including patent applications and assignments, and to perform such acts,
as may be possible on our part to show ownership thereof in your company, with respect to rights,
we waive all claims against your company and its customers for any use which may be made of the
design, machines and processes furnished or developed hereunder.
- If any change is made which causes a material increase or decrease in the amount or character
of our work in filling this order or the time required therefore, and we notify you thereof in writing
within five (5) days from the date such change is ordered, an equitable adjustment of the purchase
price and/or of the time for performance will be made and this order will be modified in writing
accordingly. You will be liable for charges for extras which have been approved by you before
- It is understood and agreed that original drawings and/or electronic data will be retained by
seller until all invoices have been paid in full.
- Should Purchaser require Vendor to provide ozalids, photostats or any other type of special
reproduction; special stationary of printed forms, supplies, plant layout boards; abnormal postage,
telegrams or long distance telephone calls; such items will be charged accordingly.
- Itemized statement of invoices will be rendered at the close of each calendar month and the
total of invoices are payable during the next succeeding month. Failure or refusal to pay said
invoices as above provided shall permit us, without notice, to cease performance and terminate
the contract without any liability for incomplete performance and termination. Payment terms are
net 30 days. A finance charge of 1-1/2% per month, (18%) per annum, will be added to all past due