Terms of Sale
- With respect to goods purchased by Buyer from Seller (“Goods”), no contract
exists until Buyer places order for delivery and such order is accepted by
Seller's acknowledging receipt of the order, by Seller's commencement of
work on the Goods ordered, or by Seller's shipment of the Goods, whichever
occurs first. Any acceptance will be limited to the express terms contained
on the face hereof. Additional or different terms in Buyer's form or any
attempt by Buyer to vary in any degree any of the terms of this quotation shall be deemed material and are objected to and rejected, but
this shall not prevent the formation of a contract between Buyer and Seller
unless such variances are in the terms of the description, quantity, price
or delivery schedule of the goods, and the order shall be deemed accepted by
Seller without said additional or different terms.
- All agreements are contingent upon strikes, accidents and other reasons for
delay beyond Seller's control
- Where a separate charge is made for specially designed tools and dies,
Seller will maintain such tools and dies without further cost to Buyer for
the life of such tool or die so long as the part remains active and the
design is not changed and Seller will not use such tools and dies for others
without Buyer's permission, but Buyer acquires no right to remove any such
tools or dies from Seller's factory.
- Seller warrants to Buyer that the Goods purchased by Buyer from Seller
shall be free from defects in material and workmanship. This warranty is the
only warranty applicable to the Goods. THERE ARE NO OTHER WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE
HEREBY DISCLAIMED.
- All Goods shall be inspected by Buyer when received and Seller shall not be
liable for any defect unless notified in writing within 60 days after
delivery.
- Seller's liability for breach of warranty shall be limited solely and
exclusively to repairing or replacing, at Seller's option, the defective
Goods. In no event shall the liability of Seller for breach of any
contractual provision relating to the Goods exceed the purchase price of the
Goods quoted herein. In no event shall Seller be liable for any special,
incidental or consequential damages arising out of Buyer's use or sale of
the Goods or Seller's breach of any contractual provisions relating to the
Goods, including but not limited to any loss of profits or production by
Buyer. Any action resulting from any breach by Seller must be commenced
within one year after the cause of action accrued.
- Except to the extent caused by Seller's breach of warranty, Buyer shall
indemnify and hold harmless Seller, its employees, officers and directors,
and their respective successors and assigns, (collectively, “Indemnities”)
from and against any and all liability, damages, claims, causes of action,
losses, costs and expenses (including attorneys' fees) of any kind
(collectively, “Damages”) arising out of injuries to any person (including
death) or damage to any property caused by or related to the Goods or any
negligent act or omission of Buyer, its employees or agents. Buyer shall
indemnify and hold harmless each of the Indemnities from and against any and
all Damages, royalties and license fees arising from or for infringement of
any patent by reason of any sale or use of the Goods or the manufacture of
the Goods to Buyer's specifications or sample. Upon the tendering of any of
the foregoing suits or claims to Buyer, Buyer shall defend the same at
Buyer's expense. The foregoing obligations of Buyer shall apply whether
Seller or Buyer defends such suits or claim.
- Seller reserves the right to over and under ship by not more than 10% of
specified quantity.
- Small quantities are considered prototype quantities and cannot be returned
since the cost of re-inspecting and handling them is generally higher than
the value of the parts. Larger quantities may not be returnable depending on
the ability to re-sell these parts within a reasonable time period. Special
runs are not returnable.All returns must be authorized and an Authorization
Number is required. Please contact our Customer Service at
springsales@asraymond.com or by phone at 419-891-9292. Unauthorized returns will
be returned at customer's expense.All authorized returns must be in their
original packaging and labeling to insure lot control integrity. Parts
cannot be altered or used in any fashion. Parts from separate lots cannot be
mixed. A restocking fee will be charged to authorized returns. Additional
charges may be required for re-inspection, cleaning and repackaging. Credit
for damaged parts will not be issued. All returns will be shipped to the
authorized return center pre-paid by sender. Actual credit issued will be
for the quantity of acceptable parts at the original piece price, less the
restocking charge, less the original freight and any other charges that are
necessary to return the parts to a saleable condition.
- Please note that all indicated prices are in US$, and are for standard
product shipped within the continental USA, including Alaska. For Canada
orders, please contact:
Associated Spring Raymond
370 W. Dussel Drive – Suite A
Maumee, OH 43537–1604
or call (800) 872–7732 – Fax (419) 891–9192
For all other shipments, please contact our Customer Service Department as
indicated above or check our International Locations.