STANDARD MANUFACTURING TERMS
Accepting a quote for the manufacturing of a part constitutes the acceptance of the manufacturing agreement by the purchaser with White Rock Manufacturing Solutions
The following terms apply between the Fabricator & the Purchaser *this is a resume from the original terms, for more information, download the document above.
A
Shipment Estimates
quotes for shipping dates are estimated based on input data & working conditions at the time of the order. The estimated shipment date is not a binding agreement, & delays caused by changes in working conditions or late delivery of materials will result in an extension of the shipment date. Fabricator is not responsible for such delays & will not be liable for them.
B
Risk of Loss
all sales will be made ex-works (according to Incoterms 2000), meaning that the Purchaser is responsible for arranging transport & any associated costs. If the Purchaser requires a different delivery method, they must contact the Fabricator to detail their requirements. The Fabricator will then determine the delivery arrangements, including transport insurance & packaging, at their discretion. They also reserve the right to change the mode of transport if necessary.
C
Limited Warranty
The Fabricator warrants to the Purchaser that for ten business days after delivery, the Part will conform to the Specifications. If the Part fails to comply with the Specifications during this time, the Purchaser may receive a replacement part or a refund. The Fabricator will cover the cost of returning the non-conforming Parts. However, if the Purchaser fails to notify the Fabricator within the Warranty Period, the Fabricator will have no further obligations.
D
As Is; Disclaimer
The parts provided under standard manufacturing terms are provided “as is” & without warranty, except as expressly provided in the agreement. The fabricators do not offer any other warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose & non-infringement. Any advice or information obtained from the fabricator or the service does not create any warranty not expressly stated in the agreement. The exclusion of implied warranties may not apply to all purchasers in some jurisdictions.
E
Indemnification
The Purchaser agrees to protect and not hold Fabricator and its officers, directors, shareholders, agents, licensees, employees, successors, and assigns responsibility for any damages, liabilities, awards, losses, costs, and expenses, including attorneys’ fees and court costs. This includes breaches of the Purchaser’s warranties, representations, or agreements, claims that a Part manufactured by the Fabricator violates any law, claims related to the Part’s injury, death, or property damage, and claims that any Specification, Part, or manufacturing process violates any third-party rights.
F
Disclaimer of Certain Damages
The fabricator will not be held responsible for any indirect, incidental, consequential, special, or exemplary damages, or for any loss of profits, revenues, business opportunities, or other related losses. This applies to any issues or problems related to the parts provided or failure to provide them, compliance with standard manufacturing terms, procurement of substitute goods or services, or any other matter related to the parts or manufacturing terms, regardless of whether the fabricator was informed of the possibility of such damages. This also applies to any legal theories such as warranty, copyright, contract, tort, or product liability.
G
Cap on Liability
summarize: under no circumstances will fabricator be liable to purchaser for more than the greater of (i) the amount paid by purchaser during the twelve month period immediately preceding the event(s) giving rise to liability hereunder, or (ii) one hundred dollars ($100). certain jurisdictions do not allow the exclusion or limitation of certain damages. if these laws apply to the purchaser, some or all of the above limitations or exclusions may not apply to the purchaser, & the purchaser might have additional rights.
H
Overages/Shortages.
Fabricator makes every effort to produce all orders in full. To accomplish this the Fabricator builds in a reasonable amount of engineered scrap in the form of a yield percentage. Purchaser agrees to take overages not to exceed ten percent (10%). Similarly, Purchaser agrees to close orders short not to exceed ten percent of order quantity if manufacturing shortages occur.