Standard Terms and Conditions of Sale and Manufacturing Practice
- Your order will be entered in our records as acceptable subject to a complete and valid purchase order being submitted either by mail or fax or a completed Job Order Form is rendered, only then will an order be considered as entered.
- Our quotation is based on drawings and specifications available to us at the time of request for quotation. Any deviations from the information originally given to us , i.e. engineering changes , material changes , finish changes , etc. , NTO Designs, Inc. reserves the right to re-evaluate its quotation and will submit a new and revised price quotation.
- Reasonable precautions are taken to provide material conforming to the specifications agreed upon by Buyer and Seller. If material certification is required, advise us during the request for quotation phase.
- Payment terms quoted are based on the Buyer’s present financial condition and record of payment. If any material changes arise NTO Designs, Inc. reserves the right to require C.O.D. or other security for payment or to withhold delivery. Unless otherwise provided in the sales contract or price quotation , payment terms are “Net 30 days “ , with a carrying charge of 1 ½% per month for payments received after 30 days. If Buyer fails to make payments in accordance with terms of this agreement or any collateral agreement or fails to comply with any provision hereof , NTO Designs, Inc. may at its option , and in addition to other remedies , cancel any unshipped portion of this order. Buyer is to remain liable for all unpaid balances.
- In the event that suit or other proceedings shall be brought for the recovery of the purchase price or any unpaid balance or the breach of Buyer of any terms herein contained, Buyer shall pay NTO Designs, Inc., in addition to any damages provided by law, reasonable attorney fees and costs of collection.
- NTO Designs, Inc. shall not be responsible, obligated or liable for any injury or damage results from an application or use of its product either singularly or in combination with other products, arising out of acceptance of this order. Buyer undertakes the complete and entire responsibility of ascertaining whether the goods purchased hereunder meet the requirements or is suitable for Buyers intended use.
- NTO Designs, Inc. will not be liable for any delay or failure in performance resulting from labor disputes, war, riot, insurrection, fire flood, accident storm, act of God, or other causes beyond its control, or from NTO Designs, Inc.’s good – faith compliance with any foreign or domestic governmental law, rule order or regulation whether or not it later is held invalid.
- Following acceptance of this quotation, any technical, quantity, delivery or other change requested by Buyer shall be in writing and shall be construed as a request to renegotiate the contract without prejudice to the rights of NTO Designs, Inc. under the contract.
- In the event that the Buyer cancels the contract following acceptance of the quotation, Buyer agrees to pay NTO Designs, Inc. for the expenditures towards raw material , unamortized tooling , labor incurred , handling and overhead , and for all work completed to date and in progress but not yet delivered to Buyer. This is without prejudice to such other and additional rights as are available to NTO Designs, Inc. under the law.
- Any special packaging requirements, source inspections by Buyer on the premises of NTO Designs, Inc. or other requirements not expressly provide for shall be Subject to additional charges.
- Buyer shall be deemed to have accepted the numerical count of goods shipped unless Buyer notifies NTO Designs, Inc. in writing or by fax of any claim otherwise within seven (7) days after delivery to Buyer.
- Goods delivered to Buyer shall be deemed to conform to this contract unless Buyer notifies NTO Designs, Inc. in writing of any claim of non-conformance within ten (10) days after delivery to Buyer. Buyer will then wait for instructions and unless otherwise agreed to in writing by NTO Designs, Inc., Buyer assumes the full risk and expense of returning goods to NTO Designs, Inc., including but not limited to damage arising from Buyer’s improper packaging. NTO Designs, Inc. agrees to repair or replace non-conforming goods or allow a credit for non-conforming goods at its option, which shall be the sole liability of NTO Designs, Inc.
- In the event that this contract requires NTO Designs, Inc. to perform work on raw or semi-finished material supplied by Buyer, Buyer shall supply an adequate excess, not to exceed 10 percent of total quantity, to allow for machining losses. If NTO Designs, Inc. scraps any such material; it is not liable to Buyer for such scrapped materials. Buyer warrants that any raw or semi-finished material shall be suitable for the operations intended to be performed by NTO Designs, Inc., free of any defects in workmanship and material imperfections. If found to be defective during processing, Buyer shall promptly deliver suitable replacements at no charge to NTO Designs, Inc.. And Buyer shall pay NTO Designs, Inc. for all work performed to the time when the defect was discovered.
- Buyer agrees to defend at its own expense, indemnify and hold harmless NTO Designs, Inc. from all claims of patent infringement, of trade secret misappropriations, arising from its performance under this contract, including damages, costs and attorney’s fees.
- In the event that transportation is not available when product is ready for shipment, Buyer agrees to accept billing immediately. Invoice will be dated as of the date of completion of manufacture. In the event that sale is made on the basis of letter of credit, and transportation facilities are not available when product is ready for shipment, letter of credit is to provide for payment on presentation of certificate of manufacture.
All shipments are made F.O.B. South Daytona, FLORIDA USA.
This “Term of Sale” is recommended by and practiced by members of the National Tooling and Machining Association.