Prices
Unless otherwise stated, prices are firm for 5 business days. APM Hexseal reserves the right to revise pricing if there is a change in raw material or market price, purchase quantity, size, finish, or method and time of shipment differing from those indicated herein.
Title
Title to material, priced at APM Hexseal’s shipping point, shall pass to the Buyer upon shipment. Any charges by carrier for switching, demurrage or other services shall be paid by the Buyer.
Changes & Cancellations
Should the Buyer desire to cancel, revise or suspend this order for reasons beyond the Buyers control, APM Hexseal shall discuss the matter promptly with the Buyer and do all possible to make a mutually satisfactory agreement. In cases where the material has been manufactured partially or completely per the Buyers requirements, APM Hexseal will advise the Buyer of charges incurred to the Buyer’s account.
Claims for Defective Materials
All material is warranted to be free from defects in quality and workmanship, and to meet the specifications to which ordered. APM Hexseal’s obligation under this warranty is limited to repairing or replacing defective material, or crediting the Buyer with the price of the defective material. If the Buyer believes material to be defective, the Buyer must notify APM Hexseal within 30 days after delivery. APM Hexseal has the right to reinspect any goods before determination of a reasonable settlement. Toward this end, the Buyer must contact APM Hexseal’s headquarters requesting a formal Return Material Authorization (RMA). APM Hexseal will not accept any material returns without reference to the RMA number on the Buyer’s returned goods packing list.
Buyer’s Inspection
Where source inspection is made by the Buyer, the Buyer’s inspector shall be deemed an agent of the Buyer to accept material on the Buyer’s behalf with complete authority to waive specified tests and to accept material that may deviate from formal specifications.
Permissible Variations
Unless otherwise specified on the Buyer’s order, APM Hexseal reserves the right to ship variations in quantity of +/- 10%.
Special Tooling
Special tooling required and paid for by the Buyer shall become the property of the Buyer. Where such tooling incorporates trade secrets, it shall be held in perpetuity at the manufacturer’s premises for the exclusive use of the Buyer.
General
All agreements are contingent upon strikes, accidents, fires, availability of materials and all other factors beyond APM Hexseal’s control. Typographical, accounting and other administrative errors are subject to correction. The Buyer assumes the liability for patent and copyright infringement for goods made to the Buyer’s specifications. When the Buyer furnishes material for use in production, ample allowance must be made for reasonable spoilage. Such materials must be of suitable quality to facilitate efficient production. Conditions not specifically stated herein shall be governed by established trade customs. Terms inconsistent with those stated herein that may appear on the Buyer’s formal order will not be binding on APM Hexseal. APM Hexseal retains customer records for seven years consistent with industry standards and will not be held responsible for customer specified requirements in excess of that time period.
Delivery
All material is sold and priced F.O.B. Englewood, New Jersey, USA. It is the responsibility of the Buyer to specify the exact method of shipment. Should the Buyer’s delivery method not be expedient, available or possible, APM Hexseal reserves the right to change the method of shipment in the Buyer’s interest at the Buyer’s expense.
Billing & Terms
Unless otherwise agreed upon, minimum billing is $150.00 per shipment exclusive of shipping, insurance or other miscellaneous charges. Selling terms are 1% in 10 days, net in 30 days. APM Hexseal reserves the right to charge interest at the rate of 1½% per month for accounts in arrears more than 30 days.
Non-Standard & Special Items
Orders for non-standard and special items made to the Buyer’s specifications are non-cancelable. APM Hexseal reserves the right to bill the Buyer for materials purchased for the production of such items, and for all goods fully or partially manufactured at the time of notice of the Buyer’s desire to cancel the order.
Blanket Orders
The Buyer must contact APM Hexseal’s headquarters for terms and conditions associated with blanket orders.
Contingencies, Suspensions & Cancellations
When offered by APM Hexseal, the Buyer must accept final and/or complete delivery on all orders within 90 days from the date of first shipment. Changes and /or exceptions can be made only at APM Hexseal’s discretion, by notice and/or written authorization by APM Hexseal. APM Hexseal reserves the right to cancel the order and rebill the Buyer at the price schedule covering the total quantity of parts shipped through the date of cancellation.
Warranty & Limitations of Warranty
APM Hexseal agrees to replace or repair products which have been found defective due to workmanship or material. This warranty applies only to products which have been subject to normal and proper usage and to which inspection of the product by APM Hexseal shows it to be thus defective. THE AGREEMENT TO REPAIR OR REPLACE SUCH PRODUCTS IS LIMITED TO F.O.B. SHIPPING POINT AND IS IN NO WAY A LIABILITY FOR DAMAGES, DIRECT OR CONSEQUENTIAL, OR FOR DELAYS, INSTALLATION COSTS, TRANSPORTATION COSTS, ADJUSTMENTS OR OTHER EXPENSES, ARISING IN CONNECTION WITH SUCH PRODUCT. APM Hexseal is not responsible in this warranty for product which is repaired or altered without the express written authorization of an authorized executive of APM Hexseal, nor is APM Hexseal responsible in this warranty for products subject to misuse, negligence, or accident. APM HEXSEAL IS IN NO WAY LIABLE OR RESPONSIBLE FOR INJURIES OR DAMAGES TO PERSONS OR PROPERTY ARISING FROM OR OUT OF USE OF THE PRODUCT WITHIN DESCRIBED. Except for the warranty hereinbefore stated, THERE ARE NO EXPRESS WARRANTIES AND NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE EXPRESSLY SET FORTH ABOVE. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER REPRESENTATIONS MADE, BOTH EXPRESS AND IMPLIED, UNLESS SET FORTH IN WRITING AND SIGNED BY AN AUTHORIZED EXECUTIVE OF APM HEXSEAL.
Suitability of APM Hexseal Products to Customer Application
The information contained in APM Hexseal literature, website, drawings, etc. is offered in good faith and is believed to be accurate. Since APM Hexseal cannot foresee or control the varied conditions under which this information and/or APM Hexseal products may be used, APM Hexseal does not guarantee the applicability of this information or the suitability of APM Hexseal products in any specific situation. Customers should perform their own evaluation to determine the suitability of APM Hexseal products for their specific purposes and applications.
Export Restrictions
This order is accepted with the understanding that all APM Hexseal articles, including related technical data, will not be sold or used for any military purpose (as defined in General Prohibition Five (End-Use End-User) in §736.2(b)(5) and part 744 of the United States Export Administration Regulations (EAR) for general end-use and end-user restrictions) without the express permission of APM Hexseal.
Governing Law
This order and all rights and obligations hereunder shall in all respects be governed by, and construed in accordance with, the laws of the state of New Jersey.