EXACT CUT SALES TERMS & CONDITIONS
Exact Cut, Inc. is dedicated to providing parts quickly and correctly at a fair price. Below are our terms and conditions for sale. These terms and conditions apply to all quotations from and orders placed with Exact Cut.
Quotes & Estimates:
- Quotations are for informational purposes and reflect estimated costs for services requested and material usage (if applicable). Revisions to quotations may be required if cutting conditions are different than originally quoted.
- Quotations are made available to and approved by customers before each job is started. As such, customers are aware of the estimated expense of services rendered and have agreed to pay these expenses at the time services are rendered.
- Quotations shall not be subject to any specifications or conditions, express or implied, except as specifically outlined in the quotations.
- Quotations are valid for acceptance for 30 days.
Sales, Invoices, & Payment:
- Terms of payment for services and material goods sold are due upon reciept, unless Exact Cut approves an application of extended payment terms. If approval for extended payment terms is given, terms of payment are Net 30 days.
- Terms of payment are effective as of the date of invoice. Invoices are generated when an order is ready for pickup, either partial or complete.
- Each shipment in partial fulfillment of an order shall be deemed a separate and independent contract. If the buyer fails to fulfill the terms of payment of any invoice, or if the financial responsibility of the buyer shall become impaired or unsatisfactory to Exact Cut. Exact Cut reserves the right to change terms of payment and/or discontinue further shipments, without prejudice to any other lawful remedy, until past due payments are made.
- Changing, cancellation, or deferment of an order already in process shall be invoiced for any material, labor, or other expenses spent up to notification of the change.
- Customer will accept overruns or underruns up to 10% of original order, invoiced on a pro-rata basis.
- Any taxes levied by any governmental authority on or applicable to the material shall be added to the invoiced price of the material sold.
- Stenographic and clerical errors are subject to correction.
Shipping & Delivery:
- Customers may pick up their orders, or delivery may be arranged by common carrier, parcel service, or courier. Title of goods and risk of loss passes to the consignee at this time.
- Shipments are made F.O.B. Exact Cut. Freight may be prepaid and added to the invoice if the customer requests.
- Customers are responsible for arranging pick-up or delivery of orders. Payment per the terms of the invoice apply, regardless of time of pick up or delivery.
- Estimates for delivery times are based on best information at the time of quotation. While lead times are generally accurate, they are estimates and not binding.
Miscellaneous:
- Customers may store materials at the Exact Cut facility for ongoing jobs at their own risk. Exact Cut will not assume liability for expense of any materials by their storage.
- Items produced are warranted to be free from defects in material and workmanship. Exact Cut makes no other warranty, express or implied. Exact Cut’s liability is limited to the purchase price of a defective item or, at our option, to the replacement of such items upon their return to Exact Cut. Any claim for defective workmanship or material must be made by the purchaser within 30 days after receipt of material, otherwise it will be conclusively waived.
- Customer will examine and test each shipment promptly on arrival and before any part of the goods has been changed from its original condition, and waive all claims for any cause after any part of the goods has been treated, processed or changed in any manner. Customer will assume sole responsibility for determining whether the goods are suitable for your intended use, whether or not such use is known to Exact Cut. Customer will waive all claims in which Exact Cut is not notified in writing within 30 days after arrival of goods at destination except claims for breach of the Fair Labor Standards Act Warranty.
- Where items are made to buyer’s specifications, the buyer guarantees that no valid patent has been or will be infringed by the manufacture, sale or use of the items covered by quotations, and the buyer agrees to defend, at its own expense, every suit brought for any infringement of any patents by reason of the sale or use of any of the items covered by quotations and idemnify Exact Cut against any and all cost, expenses or damages incurred by reason of any suits or claims for such infringement.
- Any order for items covered by quotations expressly incorporates all terms and conditions of quotations into such order. Any variance between the terms and conditions is herein stated and the terms and conditions of any order or contract submitted by the buyer shall be deemed to have been waived in favor of Exact Cut’s terms and conditions by the buyer upon failure to object in writing within 10 days after receipt of acknowledgement.