Spring Creator By Acxess Spring Terms and Conditions
The customer reviews the dimensions, tolerances and verifies the validity of the dimensions at
the time of order. The order can only be processed after the acceptance box has been checked
by the customer. By checking this box you, the customer, are verifying that the dimensions,
tolerances and rates/loads are correct on the print. Any change of the dimensions must be done
in writing before an order has been started in production. This change must be done in writing
and approved by the customer and Acxess Spring. Any changes in dimensions or tolerances
may result in additional charges.
To the extent the prices quoted therein have been estimated from specification by the Buyer, such
prices are subject to adjustment to accommodate changes required in the manufacturing process
by Buyer’s specifications. Pricing is only valid before the expiration date provided on the quotation
and order. Any subsequent orders must be re-quoted at the time of purchase.
(a) The Shipment Date set forth on the acknowledgement will be
deemed accepted by the Buyer unless objected to, in writing, within ten (10) days from receipt of this
order acknowledgment. Any delivery not in dispute shall be paid for
regardless of other controversies relating to other deliveries or undelivered material.
(b) Seller’s performance is at all time subject to change or
cancellation due to causes beyond Seller’s control, including but not limited to fires, strikes, accidents,
catastrophes, acts of God, war conditions, shortages of labor, material or means of transportation,
governmental order and regulations, legal interferences or prohibitions, embargoes, defaults on the part
and any other events or conditions which shall make performance by the Seller difficult or impossible.
(c) Seller will make a good faith effort to perform
and make delivery at the time estimated, but because of the nature of Seller’s work notice is
hereby given to the Buyer
that no liability shall attach or accrue to Seller for late performance or delivery.
(d) If Buyer claims any discrepancy in count or weight, Buyer must
notify Seller in writing, within fifteen (15) calendar days after its receipt or shipment. Any scales used
in dispute must
be calibrated within the last 12 months and the buyer must provide the calibration certificate.
(e) Delivery shall be F.O.B. Seller’s premises unless otherwise indicated
on the front side hereof. Seller reserves the right to determine the place
of manufacture of all orders. Risk of loss passes to the Buyer upon shipment.
(f) Prices include all charges for Seller’s normal packing and crating.
Seller is not obligated to provide any special containers. If Seller
agrees to provide special packing and crating, it reserves the right to charge Buyer a reasonable price.
(g) Any order to be delivered to the Buyer on credit is subject
to the prior approval of Seller’s credit department.
(h) Seller shall have the right, in addition to all other it
may possess, at any time, for credit reasons or because of Buyer’s defaults in its obligations hereunder,
to withhold shipments, in whole or part, and to recall materials in transit, retake the same, and repossess
all materials which may be stored with Seller for Buyer’s account, without the necessity of taking any other
processings, and Buyer consents that all the materials so recalled, retaken or repossessed shall become Seller’s
absolute property. The foregoing shall not be construed as limited, in any manner, any of the rights or remedies
available to the Seller under the
Uniform Commercial Code as adopted in the State of California or any default of Buyer.
Tracking numbers are only valid for 150 days from shipment.
No tracking or proof of delivery can be provided after this time. If a package is missing or undelivered,
the customer must report this within 10 days of shipment to get the matter resolved.
Shipping speed is chosen at the time of order.
This can be changed before the shipment is sent. This must be changed in writing and agreed upon
by both parties. Additional shipping charges may apply.
Acxess Spring is not responsible for any delays due to shipping company error or recipient error.
(a) All spring specifications are subject to standard commercial
spring variations or tolerances.
Any spring sample provided by Buyer to Seller shall be considered a spring specification.
(b) Where Buyer requires tests or inspections not regularly
provided by Seller, seller will make a reasonable extra charge therefore. One hundred percent (100%)
inspection is not promised by Seller nor included by Seller in its price, unless otherwise specified or
requested. Quality control consists of a first article inspection and random checks throughout the run of
the production. If you require additional testing or a fixed percentage testing this must be requested
at the time of order.
Additional costs will apply and Seller may refuse the order if the request can not be met.
(c) In making materials to the buyer's specifications it may be
impossible to produce exactly the quantity ordered. It is therefore agreed that shipment by seller of ten
over or under the amount specified by Buyer shall be accepted by Buyer as completing this order.
(d) Stenographical and clerical errors and omissions by Seller
are subject to correction.
(e) Material for spring production may be delayed for reasons
beyond the control of the Seller. If the material for your order is on backorder we will do our best
to reach out and find an alternative solution. This may include a change in material diameter or type.
This will be approved with the buyer prior to changes being made.
(a) Buyer agrees that payment is due in full at the time of order.
If the buyer would like to set up terms for future orders a credit application will be required. This is
available on our website or via email. Net 30 customers will not be able to
use this option on the ISQ and must email over their PO to firstname.lastname@example.org
(b) For accounts not paid within agreed upon terms, Buyer will
be subject to interest charged on the unpaid balance of the invoice at the rate of 2% per month.
Said interest shall be charged beginning the first day following the due date of invoice.
(a) If Buyer claims that any material shipped by Seller is
defective or fails to meet the spring specifications written otherwise accepted by Seller, Buyer shall
not return such material but shall notify Seller of Buyer’s
claim within fifteen (15) days of the receipt or shipment of said material by Buyer.
(b) Said notification to Seller shall be in writing, signed by an
authorized representative of Buyer,
and shall state any and all facts and charges relative to Buyer’s claim.
(c) If Seller determines that a defect exists in material or
workmanship, Seller will, at its option,
replace the defective material, repair it, or otherwise settle Buyer’s claim.
(d) Notwithstanding the above, Seller shall have no obligation or
liability whatsoever with respect to its material for normal wear and tear, if persons other than Seller shall
have performed any repair work on or made any alterations to said material or for any material or part
thereof which has been damaged through accident, negligence, misuses, or abuse.
(e) THE FOREGOING OBLIGATIONS ARE IN LIEU OF ALL OTHER OBLIGATIONS AND
LIABILITIES OF SELLER AND SET FORTH BUYER’S EXCLUSIVE REMEDY FOR ANY CLAIM OF DAMAGES IN CONNECTION WITH OR
RELATING TO THE MATERIAL, INCLUDING ITS DESIGN, SUITABILITY FOR USE, INSTALLATION OR OPERATION. SELLER MAKES
NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR USE. SELLER WILL IN NO EVENT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER
AND SELLER’S LIABILITY UNDER NO CIRCUMSTANCES WILL EXCEED THE CONTRACT PRICE FOR THE MATERIAL FOR WHICH LIABILITY
IS CLAIMED. NO WAIVER, ALTERATION, OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS
MADE IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE SELLER.
All parts are manufactured to the dimensions and tolerances specified
on the prints provided with this order. Acxess Spring is not responsible for any miscalculations or
misrepresentation of dimensions at the time of order. The buyer chooses all dimensions at the time of design.
If the manufactured part meets all the specifications required by the customer but is ineffective in the
application of the product the customer
is responsible for ordering new parts with the correct dimensions at the buyer’s expense.
(a) Buyer may not cancel an order in whole, or in part,
without Seller’s written consent.
(b) If Seller elects to give such consent, Buyer shall pay (I)
any expense incurred by Seller in the purchase of raw materials plus ten percent (10%) to cover Seller’s
handling costs; (II) the cost of any other tools or dies manufactured or purchased by Seller for said
order: and (III) any other loss or damage incurred by Seller,
including Seller’s lost anticipated profits from the cancellation of Buyer’s order.
Seller’s quoted prices do not include sales, use, excise, customs,
or other taxes which now or hereafter may be imposed with respect to any transaction involved herein and/or
with respect to the manufacture, production, treatment, sale, delivery, transportation or process of material
sold by Seller. All such taxes shall be paid by Buyer, and if paid or required to be paid by Seller,
the amount thereof shall be added to and shall thereafter become a part of the price payable by Buyer to Seller.
All orders manufactured according to specifications furnished by
Buyer are accepted and manufactured in consideration of and upon the condition that Buyer represents and
warrants that Seller’s manufacture and sale of materials pursuant to Buyer’s specifications and/or the use
of said manufactured materials by Buyer, will not infringe or violate any United States or foreign patent,
and Buyer agrees to forever indemnify Seller against all judgements, decrees, costs, or expenses resulting
from any such alleged or actual infringement or violation and further, upon written request of Seller, Buyer
agrees to defend at its own expense any action which may be brought against Seller, its suppliers, vendees,
lessees, licensees and assignees under any claim of patent infringement resulting directly or
indirectly from the manufacture, sale or use of materials made according to Buyer’s specification.
10. Tools and Fixtures:
The necessary tools, dies, and fixtures required for Buyer’s order
will be retained in Seller’s
possession for Seller’s use in filling orders of Buyer.
The terms and conditions of all quotations, purchase orders
and resulting sales shall be construed, governed and enforced solely in accordance with the laws of
the State of California; and the parties shall be entitled to all rights conferred upon them by the
Uniform Commercial Code as adopted in the State of California. In addition, Buyer agrees to pay all
costs, expenses and attorneys’ fees incurred by Seller
as the consequence of Buyer’s breach of any of its obligations hereunder.
All orders are quoted with bulk packing. If any special instructions
or packing requirements are needed the Buyer must request this at the time of order. Seller will let the buyer
know if these requirements can be met and the additional costs. Please note springs may tangle in shipment due to the dimensional nature of springs. If you need the parts to not be tangled on delivery,
layered packing must be requested and approved by Acxess Spring.
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Spring Creator is an Acxess Spring Product,
You will be redirected to acxesspring.com for your purchase