Standard Terms & Conditions
Seller. As used herein, “Seller” means Xcentric Mold & Engineering. “Buyer” means the customer.
Quotations. A quotation is an offer to sell and is valid for the 3D CAD which it was based. Any change to the data requires an updated quotation. Quotations are valid for 30 days, after which pricing may change.
Offer and Acceptance. This document from Seller, together with a valid quotation, contains the entire terms and conditions associated with this transaction. The buyer may accept a quotation by issuing a purchase order or other writing expressing its intention to be bound, or in any other manner acceptable to Seller. Any terms, conditions or writing within such a purchase order or writing addressing the subject matter of this transaction, shall be for the buyers internal purposes only and the terms and conditions contained therein shall have no force or effect. Seller objects to any different or additional terms or conditions contained in any request for quotation, purchase order or other writing or document of the buyer, and no such different or additional terms shall be effective or binding upon Seller, unless agreed to in writing and signed by an officer of Seller. After Seller accepts an order, Buyer is responsible for any delivery delays or charges, in addition to the original price, due to a Buyer requested change that is agreed to in writing by Seller.
Price & Payment Terms. All prices are quoted and payments shall be made in US Dollars. Unless documented otherwise, terms for payment will be 50% deposit for the tooling upon the start of the project and the balance for tooling upon the shipment of the first parts. Seller accepts Visa, MasterCard, and American Express. Payments made by credit card are subject to a 4% surcharge. Seller will consider Net 30 terms based on the buyers history and credit references.
Delivery. Project time line begins the following business day from receiving final 3D CAD, a purchase order and confirmed material selection. All deliveries are subject to review at time of order. Any stated delivery time represents Sellers intended or typical delivery time, but actual delivery times may vary. Any additional parts run over the standard quantity of 25 pieces at the time of first shots will be run at the risk of the Buyer and additional time may be required.
Tooling and Parts. Seller uses 3D CAD data to generate tooling, 2D drawings are used for reference only. Seller will not be responsible for incorrectly designed parts, parts that do no mate correctly, parts with thick cross-sections that produce sink marks, warp, or incorrectly provided CAD data. The buyer is responsible for ensuring that the properties and performance of the resin selected meet the part design and requirements of the buyer. Standard Core & Cavity Surface Finish to be SPI-C1 (Smooth, minimal Cutter Marks), unless otherwise specified. Material shrink rate is determined by the manufacturers suggested shrink rates which may or may not create parts within part tolerance. Molds are cut to standard tolerances of +/-.005″ inches once the shrink rate is added. Any tolerances tighter than +/-.005″ will be a best effort. If tweaking is required after first shots to achieve tighter tolerances, additional charges may apply. Design changes, such as draft and increased or decreased wall thickness may be required to improve mold ability and may affect pricing. Unless specified all quotes for tools are assumed to be run in sellers standard equipment. If special tooling configurations are required, it must be expressed prior or during the quoting process.
Ownership and Storage. All tooling remains the property of Buyer. Seller will maintain and store Buyer’s tooling at no cost for a period of two years of inactivity. After two years of inactivity, the mold(s) will be discarded without notice to the buyer at the sellers discretion.
Cancellation Policy. In the event the project is cancelled by the buyer or seller a cancellation fee will be prorated by the seller to the buyer in percentage complete including any accumulated cost of materials associated with subject project.
Buyer Supplied Materials. If Seller agrees to use materials supplied by the buyer, then the buyer shall be solely responsible for supplying and delivering such materials in a timely manner at no cost or expense to Seller, of sufficient quality (including allowances for loss, waste, or scrap that may occur for any reason) as Seller deems necessary to complete its obligations. Seller shall not be liable for, and the buyer shall be obligated to pay any previously negotiated delivery premiums notwithstanding, any failure or delay in delivering any goods to be provided hereunder if such failure or delay is caused by the buyers failure to supply and deliver such materials in a timely manner or of such quality or in such quantity as Seller deems necessary. If buyer supplies excess material than is required to run the job, seller will not be responsible for storage or loss off excess material and make no guarantees of availability of said material without a written Purchase Order for future production orders.
Shipping. We welcome the use of your shipping account. Delivery terms for all goods are F.O.B Clinton Township; Michigan. Delivery failures are not the responsibility of the Seller.
Force Majeure. Seller shall not be liable for any failure to manufacture, deliver or provide, or for any delay in the manufacture, delivery or provision of, and goods to be provided hereunder if such delay is caused by acts of God, fire, storms, blackouts, riots, acts of terrorism, embargoes, strikes, or other concerted acts of workers, casualties or accidents, or any other causes or circumstances that prevent or hinder the manufacture or delivery of the goods. Such party may cancel or delay performance hereunder for so long as such performance is delayed by such occurrence and in such event the party shall have no liability to the other party.
Limitation of Liability. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, WHETHER FOR BREACH OF ANY WARRANTY, FOR BREACH OR REPUDIATION OF ANY OTHER TERM OR CONDITION, FOR NEGLIGENCE, ON THE BASIS OF STRICT LIABILITY, OR OTHERWISE.
Indemnification. Buyer agrees to indemnify the Seller, its employees, agents, and representatives from and against any and all liabilities, claims damages and other expenses (including attorneys fees, court costs, and litigation expenses) arising out of or relating to any claim or action, regardless of form, concerning any breach of this agreement by you, any acts of omission by you relating to your performance hereunder, and any claim of third parties arising out of this agreement or the sale of goods hereunder. You will also indemnify and hold the Seller harmless from any claim that the parts violate any patent or propriety rights. It is your responsibility to pursue patent, copyright, or other proprietary rights protection and to ensure that the parts do not infringe on other third party patents or proprietary rights.
Warranties. Seller assumes no responsibility for the design of the goods that are the subject of this transaction. To the extent that Sellers personnel recommend design modifications or provide design analysis, simulation or advice, they do so to help meet the requirements of Sellers own manufacturing process. The buyer retains sole legal responsibility for the design specifications and performance of the goods that are the subject of this transaction.
SELLER MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER WITH RESPECT TO ANY GOODS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Lifetime Mold Guarantee. Seller guarantees no quantity limit for the life of your project. With a onetime upfront tooling fee, we guarantee that we will supply unlimited part quantities for the life of your project. The terms and conditions of this agreement are Mold and Parts must be manufactured at a Xcentric facility.