Entire Agreement. All quotations from Seller will be considered invitations to contract; all orders will be considered offers, and Seller’s order acknowledgements will be considered acceptance which, when mailed, faxed, e-mailed, etc., will result in a binding sales agreement containing these terms and conditions. This sales agreement is limited to the provisions contained or expressly incorporated herein and supersedes all previous communications. Any additional or different terms contained in Buyer’s forms are hereby objected to and rejected. Buyer’s receipt of any portion of the goods will constitute Buyer’s assent to all terms and conditions contained or expressly incorporated herein unless Buyer immediately rejects and returns such goods as provided herein.
Price and Delivery. Unless otherwise stated, prices do not include taxes, duties, insurance or freight charges, and quoted prices are effective for 30 days from date of quote. Shipping dates will be established at the time Buyer’s order is accepted, consistent with Seller’s then – current shipping commitments, production capability, and the availability of materials and components.
Payment and Risk of Loss. Unless authorized in writing by Seller, payment in U.S. dollars is due within 30 days of shipping invoice. A monthly interest charge of 1 ½% or the maximum legal rate, whichever is less, will be assessed on all past due amounts. All shipments will be F.O.B. seller’s plant and all risk of loss or damage will pass to Buyer upon Seller’s delivery of the Goods to the carrier.
Returns and Cancellations. Goods may be returned with the Returned Materials Authorization (RMA) from Seller in accordance with instructions in Seller’s RMA policy included in the packing materials accompanying all shipments. In the event of a cancellation of an order, Buyer will be responsible for all costs incurred up to the date of Seller’s receipt and acknowledgement of the cancellation notice.
Limitation of Liability. With respect to any claim or loss arising out of this transaction, Seller’s total liability (whether based on contract, strict liability, and tort or otherwise) will never exceed the purchase price of the Goods. IN NO EVENT WILL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF THIS TRANSACTION.
RETURNED MATERIALS POLICY
CRITERION TOOL & DIE, INC.
SHIPPING VARIANCES
Promptly notify Criterion Tool & Die, Inc. by phone at (216)267-1733 of any apparent shipping variance. Criterion Tool & Die, Inc. will not be responsible for shipping variances unless notification is received with in 5 working days after the shipment has been delivered.
DAMAGE
Immediately document any and all damage to the shipping container; if damage is discovered during unpacking, save the shipping container, all packing materials and the damaged goods and Buyer must immediately request the carrier’s inspection.
Buyer is responsible for presenting any damage claim to the carrier and/or their insurance company.
RETURNS
Goods may only be returned with a Returned Materials Authorization (RMA) number from Criterion Tool & Die, Inc. Unauthorized returns will be refused or returned to the sender freight collect.
All returns must be shipped freight prepaid, accompanied by the original packing slip or invoice, and shipped in a container bearing the RMA number on its exterior and shipped in such a way to prevent damage from handling. Damage that results on rework, from shipment will be charged at Criterion Tool & Die, Inc. standard billing rate to the Buyer.
Goods not received by Seller within 90 days of invoice are not returnable and will be refused or returned to the sender freight collect.