KYTECH’S GENERAL TERMS AND CONDITIONS
1. CONFLICT – Your purchase order is an offer to purchase. Our acknowledgment gives aII terms and conditions. Any conflict between your purchase order and our acknowledgement, our acknowledgement will prevail.
2. GENERAL – Seller reserves the right to correct clerical and typographical errors. Orders accepted by Seller can be cancelled, or specifications changed only with Seller’s written consent and upon the condition, that Buyer pay Seller reasonable cancellation charges. Any representation, warranty, course of dealing or trade usage not contained or referenced herein will not be binding on Seller. No modification, amendment, omission or waiver, or any other change will be binding on Seller unless assented to in writing by Seller’s authorized representative.
3. ACCEPTANCE – A quotation is not an offer but may be considered an invitation for an offer by Buyer, such invitation is subject to change, and any order by the Buyer pursuant hereto is subject to acceptance by Seller.
4. CANCELLATIONS – Seller will not accept the cancellation of a PO or any goods without prior written authorization from Seller. In the event of Buyer’s cancellation of order, the Buyer shall reimburse Seller for the work completed and work in process and for tooling and engineering expenses incurred in connection with such order
5. SELLER MAKES NO WARRANTY OF FITNESS FOR PURPOSE OR MERCHANTABILITY AND NO OTHER WARRANTY, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, EXCEPT AS SPECIFICALLY SET FORTH HEREIN. In no event shall Seller be liable for any special, indirect, or consequential damages, relating directly or indirectly to the supply of the goods hereunder. Where defective goods cannot be replaced or repaired by Seller’s reasonable efforts, the parties will negotiate an equitable adjustment in price. In no event shall Seller’s liability to Buyer for any loss or damage arising out of or resulting from this agreement exceed the price of the specific goods, which gives rise to the claim.
6. DEFECTIVE PRODUCT – Any material or merchandise found, upon inspection, to be improperly processed by us will be reworked without charge provided that: (1) Notice of defect is given in writing within seven days of receipt of material by Buyer. (2) We are given on the opportunity to inspect the material prior to return. (3) Materials or merchandise are in the same condition as when originally shipped by Seller. No claims will be accepted if product has been altered in any manner (finish, drilling, etc), even if product is stripped back to original finish. Processing or assembly of any such reject by Buyer or any other party shall constitute a waiver of any liability on Seller’s part. It shall be the duty of the customer to inspect the merchandise immediately upon it’s arrival, and in any event, claims must be reported in writing prior to the time that any further processing, assembling, or any other work is undertaken.
7. HYDROGEN EMBRITTLEMENT – All electroplated parts are subject to hydrogen embrittlement. The customer should test the product in assembly conditions prior to full production for failure conditions inherent to the assembly or assembly environment. Any use of the fasteners constitutes acceptance of the product as is. All warranties implied or otherwise, shall become null & void.
8. CLAIMS – AGAINST KYTECH MACHINE WORKS OR lTS SUBSIDIARIES SHALL BE LIMITED TO A REFUND OR CREDlT FOR THE PRICE BILLED OR PAID FOR lMPROPER MERCHANDlSE. seller shall have no liability for consequential, exemplary, or incidental damages even if seller has been advised of the possibility of such damages, including, but not limited to, buyer’s manufacturing cost, labor, alternate purchases, extra freight, plating, re-plating, product recall expense, lost profit, good will or other consequential, exemplary or incidental damages.
9. UNPLATED (PLAIN PRODUCT) –Kytech Machine Works does not guarantee un-plated parts will not rust.
10. DISPOSAL OF PRODUCT – Buyer will not dispose of defective product in any manner without prior written authorization from Seller. All claims must be made within 15 days after receipt of material by Buyer. Any product which is disposed of without prior written authorization from Seller will be considered sold product and no credit will be issued to Buyers account.
11. RETURNS – Seller will not accept return of any goods from Buyer without prior written authorization from Seller- All claims must be made within 15 days after receipt of material by Buyer. All product being returned after receiving written authorization, must be returned in original cartons and must not have been altered in any manner. Seller will indicate on written return authorization, a specific carrier to use to return subject parts. Seller will not be responsible for any freight/transportation charges, if a carrier other than the carrier specified on written return authorization is used by Buyer to return the subject parts.
12. SHORTAGE CLAlMS – No claims for shortage in weight or count will be allowed unless made in writing and presented or mailed within seven working days after receipt of material or merchandise by Buyer. Notification of shortage must include, but not limited to, Buyers calculations of: (1) weight per carton, (2) pieces per carton, (3) total weight received or (4) product lot number(s) from carton(s). No claims for shortage will be allowed for product drop shipped to anywhere other than customer facilities.
13. TECHNICAL ADVICE OR OTHER ASSISTANCE – Unless otherwise agreed in writing, if Seller furnishes Buyer with any advice or technical assistance pertaining to any goods supplied hereunder, or any system or equipment in which any such goods may be installed, the furnishing of such advice or assistance will not subject Seller to any liability, whether in contract, warrant, tort (including negligence), or otherwise. Seller takes no responsibility for performance of the goods supplied hereunder, when used in components, parts or materials not supplied by Seller, and Seller takes no responsibility for the suitability of buyer’s designs or installation procedures. In addition, Seller will not be responsible for specific applications without prior written approval.
14. DELIVERY, TITLE AND RISK OF LOSS – Delivery dates are estimates and are based upon prompt receipt of all necessary information from Buyer. Delivery will be made and title will pass F.O.B. point of shipment to Buyer. Risks of loss or damage pass to Buyer on delivery to common carrier.
15. DELAY – Seller shall not be liable for delays in delivery or performance due to causes beyond Seller’s reasonable control, including, without limitation: material from our supplier, tooling, outside processing, fires, strikes, shortages of labor or material, government priority, or act of civil or military authority. In the event of such delay, there will be no termination and the date of delivery or of performance shall be extended for a period equal to the time of loss by reason of delay.
16. DlSCLOSURE OF INFORMATION – Any information, suggestions, or ideas transmitted by Buyer to Seller in connection with the performance hereunder shalt not be deemed a secret or confidential or submitted in confidence to Seller, except as may be specifically agreed to in writing by Seller.
17. PARTIAL DELIVERY OF NON-STANDARD GOODS – Where partial deliveries are requested by Buyer and the quantity ordered of any non-standard item is less than Seller’s minimum production run, the total quantity ordered by Buyer will be manufactured in one lot and shipped at one time.
18. PERMISSIBLE VARIATIONS – All goods shall be furnished subject to our manufacturing standards and commercial variations and practices. Seller reserves the right to ship overages or underage to the extent of ten percent of the quantity ordered.
19. PRICES – Prices are subject to change without notice. All orders are accepted on the basis of price in effect at the time of shipment.
20. WARRANTY – Seller warrants the goods described herein against defects in material and workmanship for a period of thirty days after receipt of shipment OR as applicable with TOOLS with “RK” part number prefix, specified in that specific tools instruction manual. Seller’s obligation under this warranty is limited to the furnishing or repairing of, at Sellers option, any goods which it determines to be defective with all the necessary packaging, dismantling, assembly and transportation costs to be paid by Buyer.
21. A service charge will be assessed on past due amounts at the rate of 1.5% per month in addition, all attorney fees, court costs and/or collection agency charges will be charged to the Buyer.