TERMS AND CONDITION OF SALE:
Subject to prior sale of capacity
1-ACCEPTANCE: All orders based on this quotation are subject to acceptance by B&B Precise Products, Inc. (“seller”) at its offices in Benton, Maine. This quotation is based on drawings and information supplied with your inquiry. Any changes in design or specifications furnished after this quotation may alter our price and delivery.
2- POINT OF DELIVERY; RISK OF LOSS: Unless otherwise states on the face hereof, delivery will be made F.O.B. point of shipment; and all risk of loss shall pass to the Purchaser upon delivery to carrier.
3- TAXES: In addition to the price or prices specified in this quotation, purchaser shall pay to seller, or, at its election, to the appropriate taxing authorities, the amount of all governmental taxes, excise or other charges, present or future, imposed upon or payable or collectible by seller with respect to or which is ascertained by reference to the production, sale, transportation, possession, or use of any of the articles referred to in this quotation, except taxes imposed upon or measured by net income.
4-CHANGES: Prices states are only for the quantities indicated; and for production and shipment in one lot or in accordance with schedule indicated. Changes by purchaser in quantities, or in the schedule or dates of production or shipment, or in specifications, will be accepted only if they do not affect Seller’s costs in any way or if an appropriate adjustment in price is agreed upon
5- PREPARATION AND USE OF TOOLS AND DIES: Non reoccurring engineering & preparation charges are those required for the initial production of the part including the design, material and preparation of any special tools that may be required. The payment of such charges does not convey any title or the right of possession to the purchaser of any such tools. Such payment does convey to purchaser the right to the exclusive use of such tools for purchaser and to their preservation by seller for two (2) years after the date of the last order requiring their use. Said charges are made only for the specified rate of delivery, seller assuming all expenses of upkeep. The charge for any change in design or different rate of delivery will be quoted by seller upon request.
6- DELIVERY: Delivery dates are approximate and are subject to confirmation. Service and deliveries by seller shall be subject to floods, strikes, or other labor disturbances, fires, accidents, wars, delays of carriers, inability to obtain raw materials, failures of normal sources of supply, restraints of governments, or any other similar or dissimilar cause beyond seller’s reasonable control.
7-CANCELLATION: Purchase orders once places can be cancelled only with seller’s written consent and upon terms which will save seller from loss, including a reasonable allowance for loss of profits. No goods may be returned for credit or adjustment without written permission from seller.
8-INFRINGEMENT: Purchaser assumes responsibility for and shall indemnify seller against any infringement resulting from purchaser’s design or specification.
9-WARRANTY: Seller warrants that parts will be made in conformity with purchaser’s design and specifications. Said parts will be guaranteed against failure caused by defects in material or workmanship. Seller’s obligation hereunder being expressly limited to repair, without cost to purchaser, of defective parts, or at seller’s option, the refund of the purchase price upon return. This shall constitute purchaser’s sole and exclusive remedy. Purchaser shall notify seller in writing of any parts which do not conform to this warranty within (30) days after their delivery. If purchase shall fail to give such notification, claims for breach of warranty, if any, shall be deemed waived. Parts may be returned at the expense of the seller only after the inspection by seller and upon receipt by purchaser of definite shipping instructions form seller. SELLER MAKES NO EXPRESS WARRANTIES EXCEPT AS STATED HEREIN. THERE ARE NO IMPLIED WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF ANY SHIPMENT AND THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY. Purchaser assumes and agrees to indemnify seller against all risk and liability for all loss, damage, or injury to person or property resulting from the use of product sold hereunder. Any action by purchaser for breach of warranty or other causer hereunder shall be commenced within one year after such cause of action arises or it shall be thereafter barred.
10-SHORTAGES: All claims regarding shortages must be made within ten (10) days after receipt of shipment and must be accompanied by the packing list(s) covering the shipments.
11-MISCELLANEOUS: These terms and conditions constitute the entire terms and conditions applicable to any sale of the products referred to herein. No modification to these terms and conditions shall be of any force or effect unless such modification is in writing and signed by the party to be bound thereby, and no modification shall be effected by the acknowledgement or acceptance of purchase order or other forms submitted by the purchaser containing terms or conditions in addition to or at the variance with those set forth herein.
The form, execution, validity, and construction or any contract of sale arising out of this quotation shall be determined in accordance with the laws of the State of Maine.
If the products sold hereunder are for a Unites States government contract, purchaser shall indicate the applicable ASPR or FPR clauses. Seller will not, however, alter its established quality control system or convey title or possession of dies and special tooling.
12- In accordance with Executive order 11246, seller agrees not to discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. Seller will take appropriate action to ensure that Equal Employment Opportunity is implemented in employment, upgrading, demotion or transfer; recruitment or advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. All other applicable rules and regulations of the office of Federal Contract Compliance are herein incorporated by reference.
TERMS AND CONDITION OF SALE Rev 06.01.21
