Orders placed cannot be cancelled or deliveries held up except with Seller’s consent and upon terms which will indemnify him against all loss, including the imposition of a cancellation charge.
Every effort will be made to fill orders within the time promised but under no circumstances will the seller assume the responsibility for any damages growing out of or owing to any delays whatever. Unless specifically stated to the contrary, quotations are made are accepted for delivery as fast as manufactured, by partial shipment.
All quotations are based on customer accepting over-runs or under-runs, not exceeding ten percent of quantity ordered to be paid for or allowed pro rata.
When tools are quoted, payment does not convey title or right to remove them from our possession. If a reorder is not received after a lapse of eighteen months, we reserve the right to dispose of the tools and subsequent orders can be quoted including a charge for new tools. If the buyer desires the tools upon completion of order, buyer shall have the right to remove them upon payment to the seller of additional 100% of the invoiced price of the tools.
The buyer must notify the seller of any claim for defective material or material not as ordered within 10 days from receipt of shipment. If such claim is sustained and material furnished is proved defective to satisfaction of both parties, the seller shall have the option in such event of taking back the goods and deciding whether he shall repair, replace or credit, but under no circumstances, will he allow or be liable for damages, or any claim for expense involved in using his product. Claims for shortage must be made within ten days from receipt of the goods and in every case the weights found in the shipment must be given, and also the method used in arriving at a count of the parts.
If any dispute or disagreement arises between the seller and the buyer with reference to the interpretation of any of the terms or conditions of sale, or any matter arising out of or from the contract between the buyer and seller, which cannot be amicably adjusted between them, the matter shall be referred to the American Arbitration Association for arbitration in accordance with its rules; and the decision of said association with respect to such matter shall be final and binding upon both parties. The expense of such arbitration shall be shared equally by seller and buyer.
When not specified by a customer, it is understood that commercial tolerances derived from the “Handbook of Spring Design” (published by the Spring Manufacturers Institute) shall apply.