Terms and Conditions These terms and conditions are exclusive and in lieu of all other conditions appearing on Buyer's purchase order or elsewhere and apply to all quotations made and purchase orders accepted by the Seller unless specifically stated to the contrary. Seller is not responsible for typographical or clerical errors made in any quotations, orders, invoices or publications. All errors are subject to correction. The terms and conditions contained herein, together with the terms of Buyer's constitute the entire agreement between Seller and Buyer with respect to goods and services covered by the Buyer's purchase order and supersede all prior communications and agreements thereto. Any acceptance by Seller of Buyer's purchase order is expressly conditioned upon Buyer's acceptance of these terms and conditions and the terms and conditions of Seller's quotation, which may not be changed or waived except in writing signed by both parties. In the event of any conflict between the terms and conditions set forth herein and the terms and conditions set forth in the Seller's quotation, those set forth in the Seller's quotation shall prevail. Any additional, inconsistent or different terms and conditions in Buyer's purchase order or other communications from Buyer are hereby expressly rejected.
Quotations are only estimates and are subject to change without notice. Although we will do our best to honor the quoted price increases in labor, transportation, complexity of job, outside processes or cost of hardware all warrant a re-quote of the job. NTI will notify buyer ASAP of any changes in price.
Cancellations are subject to approval. Once a job has been placed on the machine there are no cancellations. We do not allow cancellations once we have ordered material, cutting tools or hardware specific to your job. Please contact NTI so we can discuss available options.
Lost opportunity and the right to expectancy damages Buyer recognizes and acknowledges that by undertaking this agreement to repair / manufacture or offer shop services NTI will have lost the opportunity to accept other contracts and perform other work by designating personnel and dedicating resources to the preparation for and engagement of work in question. In the event Buyer decides to breach this agreement, or is persuaded to breach this agreement by third party (even one privileged to interfere and a contract between Buyer and NTI), NTI shall be entitled to the full monitory value of work performed, tooling acquired, material acquired, hardware acquired and any other services performed by NTI or outside source towards Buyer's p.o. Buyer agrees to honor 30 day terms as set forth in Seller's quote.
Delivery Unless otherwise specified on Seller's quotation all deliveries are FOB point of shipment. Shipment shall be made in accordance with instructions issued by seller. Upon delivery, Buyer assumes risk of loss and damage resulting from any cause whatsoever. Shipping, delivery or performance dates are approximate and are not guaranteed. Some factors that can delay delivery; current workload, machining complications, supplier delays, equipment malfunction, labor shortage, facility problems and acts of God.
Quality First run and in process inspections are done on every job we run. NTI will provide a C of C upon shipment.
Inspection and Acceptance Parts and/or material processed by Seller shall be presumed to be inspected and accepted as satisfactory by Buyer if Seller is not notified of damages, shortages, or other discrepancies within (10) days working days of Buyer's receipt of such parts and/or material. Rejected parts and/or material must be returned to Seller for review. Seller will be allowed to rework discrepancies if possible. Further processing or assembly of rejected parts and/or material by Buyer or any other party shall constitute a waiver of any liability on Seller's part.
Scrap Rate is 1 pc or 5% of order, which ever is greater on Buyer supplied material (i.e. castings). It is advised to include a set up part with your order. This can be in the form of a penetrant reject or other type of casting reject.
Assembly/Outside Processing Hardware, Assembly, Penetrant, Anodize and paint are not included unless specifically stated on the quotation. NTI has the right to use any vendor of it's choosing as long as said vendor is an approved supplier of the prime contractor. Certs will be provided upon shipment. It is NTI's policy to maintain a current list of approved suppliers and has current certifications and supplier information sheets on each vendor.
Shipping Titles to merchandise passes to customer when shipper turns it over to common carrier. All parts picked up by or dropped off at NTI must be accompanied by a purchase order.. NTI cannot be held financially responsible for any damage suffered by contracted vendors. Buyer must resolve conflicts, discrepancies and rework directly with vendor on Buyer's own P.O. Any increase in price from outside vendor under current contract will be passed onto buyer.
Force Majeure Seller shall not be liable for any delay or other failure of performance due to causes beyond its reasonable control including without limitation: acts of God; acts of Buyer; acts of Military or civil authorities; government regulations, order, directives and/or restrictions; fire or other causality; strikes; lockouts; weather; epidemic; war; riot; delays in transportation or car shortages; or inability to obtain necessary labor; materials, components, equipment; or services. Energy or utilities through Seller's usual and regular sources at usual and regular prices. In any such event, Seller may at any time and from time to time without further liability to Buyer (a) postpone its performance under this contract, (b) make partial performance or cancel all or any portion of this contract, or (c) allocate available quantities among its customer in any manner which Seller deems reasonable. Cancellations of any part of this contract shall not affect Buyer's duty to pay for performance of any other part hereof.
Warranty NTI Enterprises, Inc. does not warranty the merchantability or fitness for a particular purpose and does not warranty modified or re-machined materials other than what is stated on the quotation. Liability for the breach of any warranty is limited to replacement of defective or nonconforming goods. Customer assumes all risk and liability for loss, damage, or injury to persons or property of customer or others arising out of the use of possession of the goods. NTI Enterprises, Inc. at it's sole discretion, may choose to change the terms, conditions and operations at any time. By using the services of NTI Enterprises, Inc. the user waives any rights or claims it may have against NTI Enterprises, Inc. NTI will either manufacture a part or product based on (1) Buyer's specifications, (2) a sample provided by Buyer, (3) drawings drafted by NTI or (4) any combination thereof. NTI states and buyer acknowledges that NTI does not provide any engineering or metallurgical services. Buyer further agrees to indemnify and hold harmless NTI Enterprises, Inc., it's agents, representatives, employees, officers, related companies, affiliates, successors and assigns from any and all claims, demands, actions, damages and liability, including attorney's fees and consequential and incidental damages arising out of any injury or death to any person or damage to any property in any way connected with the parts and/or products manufactured by NTI. Buyer hereby agrees that it shall be solely responsible for and shall identify NTI from any voluntary or involuntary recalls of any products which contain parts or products manufactured by NTI or are parts or products manufactured by NTI regardless of the reason of the recall. This agreement shall be governed by and shall be constructed in accordance with the laws of the state of California
Payment Unless otherwise provided on the quotation, payments to Seller shall be made in United States dollars within 30 days after the date of Seller's invoice and are subject to a 1.5% monthly service charge.
Notices supplied here under shall be deemed to have been duly given if delivered or mailed first class, registered mail, postage prepaid, or via any overnight courier to the addresses set forth on the quotation or such other addresses as is reasonably appropriate. Seller is an equal opportunity employer.
Miscellaneous The terms of this contract shall be governed by and interpreted in accordance with the laws of the state in which Seller's facility is located. Any litigation under this contract if commenced by Buyer shall be brought in the U.S. District Court for the judicial district in which Seller is located or, if such court does not have jurisdiction, then the state court in the county in which Seller is located, and Buyer shall accept venue in such court. No modifications to this contract shall be binding upon the seller unless in writing signed by Seller's duly authorized represented. No waiver by Seller of default by Buyer shall be deemed a waiver of any subsequent default. The captions used herein shall have no substance significance. The invalidity, illegality or unenforceability of any one or more provisions hereof not to be assigned by the Buyer without the prior written consent of the Seller.
Entire Agreement The terms set forth herein constitute the sole terms and conditions upon which NTI Enterprises, Inc.