Precision Metal Components

A California Fine Wire Company

Terms and Conditions

  1. The articles and/or the performance of the services covered by this invoice were produced in compliance with the Federal Fair Labor Standards Act of 1938, as amended. We hereby certify that these goods were produced in compliance with all applicable requirements of Sections 6, 7, and 12, of the Fair Labor Standards Act as amended, and of regulations and orders of the United States Department of Labor issued under Section 14 thereof. We are considering this order as not subject to any Government contract provisions, including but not limited to, Armed Services Procurement Regulations.

2. The terms and conditions set forth herein are the standard terms and conditions of Acceptance of Purchase Orders by CFW/Precision Metal Components, hereinafter referred to as 'CFWPMC' and shall constitute the entire agreement between the purchaser and CFWPMC.

3. ORDERS: CFWPMC telephone desks are maintained and staffed for immediate service of your needs. Accordingly, if shipment is completed before written confirmation is received, such orders must be considered as accurate as recorded by our inside sales force. To avoid duplication of verbal orders, please mark confirming orders prominently and clearly "Confirmation". Otherwise, duplications will result and charges involved must be at customer's expense. In any event, the acceptances of all verbal orders are expressly limited to these terms and conditions.

4. PURCHASE ORDERS, ETC.: Any terms or conditions of any customer's or other instrument which are in addition to or inconsistent with CFWPMC's terms or conditions set forth herein, shall not be binding on CFWPMC and shall not apply to this sale. No waiver, change or modification of any of the terms or conditions set forth herein shall be binding of CFWPMC unless in writing signed by an officer of CFWPMC.

5. CHANGES OR CANCELLATIONS: Should you find it necessary to change specifications while work is in progress, we shall make every effort to accommodate you. It will be necessary for us to charge you for any services, labor or material discarded because of such changes. Should you for any reason desire to cancel an order, you agree to reimburse us for any cost and expenses, which result.

6. TAXES: Our quoted prices do not include sales, use, value added, excise or other Federal, State or Local taxes, unless specifically shown. Any such levies must necessarily be for your account. Please furnish tax exemption certificates, if applicable.

7. CLERICAL ERRORS: All stenographic and clerical errors are subject to correction.

8. TERMS OF PAYMENT AND PRICES: Unless otherwise provided for on the face hereof, terms of payment may, at the sole discretion of CFWPMC, be a combination of:

  1. Thirty (30) days net from date of invoice on all products for destination within the United States and Canada.
  2. Net cash by irrevocable letter of credit, bank draft or sight draft on all products for destination outside the United States and Canada.
  3. Two Percent (2%) discount allowed if invoice is paid within ten (10) days, Otherwise Net due in Thirty (30) days from date of invoice.
  4. Precious metals - Net 10 days. No discount allowed-Prices as set forth are based on our current cost of raw materials. We reserve the right to change such prices without notice at time of shipping to reflect changes in our cost of raw materials.
  5. All orders are subject to approval of credit by CFWPMC at the time of product shipment. All payments shall be made in legal currency of the United States. Before any products may be returned to CFWPMC for credit or other billing adjustment (as opposed to returns for repair and/or replacement provided for in the Warranty Clause set forth herein), prior written authorization must be obtained from an officer of CFWPMC together with appropriate shipping instructions for return or transfer of the products, prepaid to destination. All authorized returns are subject to a restocking charge and CFWPMC assumes no responsibility whatsoever for unauthorized returns. Prices and terms are subject to change without notice.

9. SUSPENSION OF PERFORMANCE:

  1. If in our judgment reasonable doubt exists as to your financial responsibility, or if you are past due in payment of any amount owing to us, we reserve the right without liability and without prejudice to any other remedies, to suspend performance, decline to ship, or stop any material in transit, until we receive payment of all amounts, whether or not due, owing to us, or adequate assurance of such payment.
  2. All invoices not paid when due per our terms will be subject to 1 1/2% Service Charge. Cash discount not allowed on Sales Tax, Freight, Labor Charges, or other expense items.
  3. Customer agrees to pay reasonable attorney fees of CFWPMC in the event suit is necessary to collect on account of nonpayment of the bill for material and/or services.

10. DELIVERY: Unless otherwise provided for on the face hereof, all shipments are FOB Grover Beach, California. Shipment schedules are approximate and based on conditions at the time of acceptance.

CFWPMC will make every effort to complete shipment as indicated, but assumes no responsibility or liability for loss or damage by reason of delay or inability to ship caused by acts at God, fires, floods, wars, embargoes, labor disputes, acts of sabotage, riots, accidents, delays of carriers, sub-contractors or suppliers, voluntary or mandatory compliance with any government act, regulation or request, shortage of labor, materials or manufacturing facilities, or any other cause or causes beyond CFWPMC's reasonable control. If, by reason of any of these things, CFWPMC's supplies of the materials covered hereby are limited, CFWPMC shall have the right to prorate the available supply in such a manner as it, in its discretion, determines.

11. PARTIAL DELIVERIES: Partial deliveries shall be accepted and paid for at contract prices on maturity of bills, therefore, if any part of the material is not delivered by CFWPMC or is not in accordance with the order, the order for the remainder of the material and purchasers obligation there under shall not be affected thereby. CFWPMC may, at its option, replace any or all returned material within a reasonable time after it is finally determined that the returned goods are not in accordance with the contract: and in such event CFWPMC shall not be liable for any damages arising from the defective delivery or delay caused thereby.

12. INSPECTION ON ARRIVAL: The purchaser shall inspect the material immediately on its arrival and shall within five (5) days of its arrival give written notice to CFWPMC of any claim for shortage of material that does not conform with the terms of the contract. If the purchaser shall fail to give such notice, the material shall be deemed to conform with the terms of the contract, and the purchaser shall be bound to accept and pay for the material in accordance with the terms of the contract.

13. WARRANTY: CFWPMC warrants the product of its manufacture to be free from defects in workmanship, materials and construction under normal use and service.

CFWPMC's obligation under this warranty shall be limited to repairing or replacing, and returning (transportation prepaid), any product which shall be returned to CFWPMC at its manufacturing facilities, Grover Beach, California 93433 with transportation charges prepaid, and which CFWPMC Material Review Board examination shall disclose to its satisfaction to have been defective.

This warranty is expressly in lieu of any and all other warranties and representations, express or implied, and all other obligations or liabilities on the part of CFWPMC including, but not limited to the warranty of fitness for a particular purpose. In no event shall CFWPMC be liable for direct, incidental or consequential loss or damage at any kind connected wfth the use of its products or failure of its product to function or operate properly.

This warranty shall not apply to any CFWPMC products which have been altered in any way outside CFWPMC's manufacturing facilities so as to, in CFWPMC's judgment, affect its use, function or reliability or which shall have been subject to misuse, alteration, improper installation, painting, misapplication, negligence or accident.

ALL TECHNICAL ADVICE, RECOMMENDATIONS AND SERVICES ARE RENDERED BY SELLER GRATIS. THEY ARE BASED ON TECHNICAL DATA WHICH THE SELLER BELIEVES TO BE RELIABLE, AND ARE INTENDED FOR USE BY PERSONS HAVING SKILL AND KNOW-HOW, AT THEIR OWN DISCRETION AND RISK. SELLER ASSUMES NO RESPONSIBILITY FOR RESULTS OBTAINED OR DAMAGES INCURRED FROM THEIR USE BY BUYER IN WHOLE OR IN PART. SUCH RECOMMENDATIONS, TECHNICAL ADVICE OR SERVICES ARE NOT TO BE TAKEN AS A LICENSE TO OPERATE UNDER OR INTENDED TO SUGGEST INFRINGEMENT OF ANY EXISTING PATENT.