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domestic selling policy |
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Terms and Conditions / Prices / Freight / Loss, Damage or Delay / Payment / Change in Payment / Taxes / Returns / Claims
/ Cancellation / Limitation
of Liability
Terms and Conditions
Acceptance of any order or contract by Accurate Plastic, Inc. acknowledgement
or commencement of performance is expressly conditional on purchaser's assent
to the terms and conditions below even though no reference may be made thereto
at time of acceptance. Accurate Plastics Inc. expressly objects to any
additional or different terms than those set forth herein. Unless otherwise
modified in writing, the terms and conditions below apply and supersede all
prior or contemporaneous representations, discussions, correspondence or
agreements between the parties.
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Prices
Prices shown in this guide represent the Manufacturer's Recommended Selling Price.
Accurate Plastics Inc. has a minimum invoice of $75.00. Orders for less than
the minimum invoice amount will be charged a $20.00 small order charge or $75.00,
whichever is less. In addition to the minimum invoice amount, some items in
this catalog have individual dollar minimums that are stated on the applicable
page. Standard as well as nonstandard sizes are often subject to these
minimums. Set-up charges, clean-up charges, and/or packaging charges may also
be charged on items. Prices charged will be those in effect at time of
shipment. Prices are subject to change without notice.
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Freight
Unless otherwise agreed in writing, all shipment are F.O.B. Shipping Point.
Accurate Plastics Inc. will determine the point of origin of shipment, the
method of transportation, and the routing of shipment. All freight charges are
the sole responsibility of the purchaser. Purchasers requesting shipment by a
method other than that of Accurate Plastics Inc. selection will be billed for
any additional charges incurred. Accurate Plastics Inc., when possible, will
attempt to make shipments by the routing requested by the purchaser, but makes
no guarantee.
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Loss, Damage or Delay
Shipping dates are approximate and are based on prompt receipt of all necessary
information and approvals from the purchaser. Accurate Plastics Inc. shall not
be liable for failure to perform or for delay in performance due to fire,
flood, strike, or other labor difficulty, acts of God, act of any governmental
authority or of the purchaser, riot, embargo, car shortage, wrecks or delay in
transportation, inability to obtain necessary labor, materials or manufacturing
facilities from usual sources or due to any other cause beyond its reasonable
control. In the event of delay in performance due to any such cause, the date
of delivery or time of completion will be postponed by such length of time as
may be reasonably necessary to compensate for the delay.
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Payment
Terms of payment are net within thirty (30) days (to approved credit) from date
of invoice. If payments are not made in accordance with these terms, without
prejudice to any rights of Accurate Plastics Inc. including the right to
immediate payment, a service charge will be added to the account of purchaser
in an amount equal to the lesser of 1-1/2%: per month or fraction thereof or
the highest rate permitted by law on the unpaid balance.
To
obtain credit you must provide the following current credit information: 1) one
bank reference including account number, branch and telephone number, 2) three
current trade references including addresses and telephone numbers. In the
event of credit refusal, orders will require (at the discretion of Accurate
Plastics Inc.) payment in advance or cash on delivery.
Failure
to provide required information or cash in advance will delay order processing
and shipment.
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Change In Payment
If, in the judgment of Accurate Plastics Inc., the financial condition of the
purchaser at any time during the manufacturing period or at the time the
product is ready for shipment, does not justify the terms of payment specified
(other than payment in advance), Accurate Plastics Inc. may require full or
partial payment in advance.
If
shipments are delayed by the purchaser, payments shall become due from date
when Accurate Plastics Inc. is prepared to make shipment. If manufacture is
delayed by the purchaser, payment shall be made based on the contract price and
percent of completion and purchaser shall reimburse Accurate Plastics Inc. for
any additional costs resulting from such delay. Products held for the purchaser
shall be at the risk and expense of the purchaser.
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Taxes
The prices do not include any Federal, state or local property, license,
privilege,sale, use, excise, gross receipts or other like taxes which may now
or hereafter by applicable to, measured by or imposed upon or with respect to
the transaction, the property, its sale, its value or its use, or any services
performed in connection therewith. Purchaser agrees to pay or reimburse any
such taxes Accurate Plastics Inc. is required to pay.
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Returns
No returns will be accepted by Accurate Plastics Inc. without proper
authorization. Authorization and shipping instructions for the return of any
product must by obtained in writing from Accurate Plastics Inc. All returns are
subject to a 20% restocking charge or $35.00, whichever is greater. Product
must be returned with complete identification in accordance with Accurate
Plastics Inc. instructions or it will not be accepted. Products must be in
marketable condition upon receipt by Accurate Plastics Inc. Purchaser will be
charged for any outgoing and incoming transportation paid by Accurate Plastics
Inc. Custom made-to-order items and non-standard items are non-returnable. In
no event will Accurate Plastics Inc. be responsible for product returned
without proper authorization.
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Claims
Claims for damage or shortage or any other reason must be made within 30 days
from the date invoiced.
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Cancellation
Any order may be canceled only on written notice. Cancellation charges will be
charged to purchaser at the time of cancellation for all expenses incurred by
Accurate Plastics Inc.
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Limitation of Liability
Accurate Plastics Inc., its subcontractors and suppliers of any tier, shall not
be liable in contract, in tort (including negligence or strict liability) or
otherwise for damage or loss of other property or equipment, loss of profits or
revenue, loss of use of equipment, cost of capital, cost of temporary equipment
(including additional expenses incurred in using existing facilities), claims
of customers of the purchaser, or for any special, indirect, incidental, or
consequential damages whatsoever. The remedies of purchaser and the liability
of Accurate Plastics Inc. shall not exceed the price of the product or part on
which such liability is based.
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