7741 Alabama Ave # 5,
Canoga Park, CA 91304
Phone:
(818) 716-0035
Email:
info@3rmfg.com
QUOTING TERMS & CONDITIONS
Quote Validity: Price and lead times specified in 3R MFG LLC.s quotation are valid for the time period spcified therein. If
no such time period is specified in 3R MFG LLC.s
quotation, price and lead times are valid for 10 days after the date our quote
is submitted. All orders pursuant to 3R
MFG LLC.s quotation are subject to acceptance by 3R
MFG LLC..
Payment Terms: Buyer agrees to pay 3R MFG LLC. 1% interest
or the maximum rate permitted by law, whichever is less, per month on all
invoices unpaid 30 days after the agreed upon term. If Buyer defaults in
payment, Buyer shall pay 3R MFG LLC., the cost of collection including
reasonable attorney fees in addition to damages. Acceptance of any partial payment shall not
constitute a waiver of 3R MFG LLC.s right to payment
in full amounts owing from Buyer or the waiver of any breach of this
agreement. Payment will be made in U. S.
dollars and in immediately available funds.
3R MFG LLC., without liability, reserves the right to suspend any
further performance under this agreement or otherwise assert alternative
payment terms, in the event payment is not made when due, or if, in 3R MFG LLC.s sole discretion, Buyers credit is or becomes
unsatisfactory. Buyer waives any right
to set off any claims by Buyer against 3R MFG LLC. Against any payment owed to
3R MFG LLC.
Security Interest: Buyer hereby grants 3R MFG LLC. a purchase money security interest in all goods obtained by
Buyer pursuant to Buyers order and on all products and proceeds thereof, including,
without limitation, accounts receivable, contract rights, deposit accounts and
cash. Buyer hereby authorizes 3R MFG
LLC. to file one or more financing statements
recording such security interest and 3R MFG LLC. shall
have all rights of a secured party under the California Commercial Code or
analogous statute in all relevant jurisdictions.
Effect of Buyer Modifications on this
Quotation: The price and
delivery terms in this quotation are subject to change if buyer wishes to
change any terms of this quotation.
Acceptance of Quotation by Buyer: Acceptance of this quotation by Buyer may be
by any reasonable and customary communication.
Acceptance of Order by 3R MFG LLC.: All
orders pursuant to 3R MFG LLC.s quotation are
subject to acceptance by 3R MFG LLC.
Acceptance of any order issued to 3R MFG LLC. by
Buyer shall not be assumed. If 3R MFG LLC. receives a
purchase order we may acknowledge receipt of the document, but this does not
indicate our acceptance of the order. Acceptance of orders must be made in
writing and must include the term ACCEPT. 3R MFG LLC.
is bound by all U.S. laws, export regulations, restrictions, trade embargoes,
etc. ("U.S. Government Action"); therefore, any order by a non-US
Buyer to whom such sales is prohibited by such U.S. Government Action, will not
be valid and will be deemed not accepted without any liability whatsoever to 3R
MFG LLC..
Price of Materials: This quotation is based on the present cost
of materials at the time the quote was submitted. Buyer is responsible to pay
for any increase in cost of materials purchased by 3R MFG LLC.
Limitation of Warranties: The goods sold to Buyer will be as
described, and no other express or implied warranties are made by 3R MFG LLC. THIS WARRANTY IS
IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Buyer has furnished 3R MFG LLC.
with the drawings and specifications for the goods and
Buyer is not relying on 3R MFG LLC., to select goods or engineering designs.
Importing Expenses, Licensing &
Regulations: For shipments
outside the United States, Buyer is solely responsible for payment of any and
all import expenses, duties, satisfaction of the respective licensing
requirements, and compliance with all U.S. Government Action and all other
applicable laws, regulations and standards, which are required by any
governmental authority to whose jurisdiction Buyer is subject or which has
jurisdiction over the place to which goods are shipped.
Raw Materials Availability: This contract is contingent upon the
availability of raw materials required for the manufacture of the goods. 3R MFG LLC. shall not be deemed in
breach of this agreement for delay in manufacture or delivery where such raw
materials are unavailable. In such cases, 3R MFG LLC. may, at its option, cancel this agreement or deliver to you
its pro-rata share of production.
Force Majeure: 3R MFG LLC. 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 3R MFG LLC., good-faith compliance with any
foreign or domestic governmental law, rule, order or regulation, whether or not
it later is held invalid.
Special Tooling: Unless otherwise specifically provided in 3R
MFG LLC., quotation, special tooling developed by 3R MFG LLC. to complete this contract shall be the property of 3R MFG LLC. Special tooling supplied by Buyer or special
tooling developed by 3R MFG LLC., subject to property ownership of buyer shall
be maintained by 3R MFG LLC. with reasonable care at
Buyers risk to loss or damage arising from force majeure events, and Buyer is
encouraged to provide its own insurance against such loss or damage. In the
event Buyer does not claim such special tooling within two years after
completion of 3R MFG LLC.s deliveries under this
contract, then 3R MFG LLC. shall have the right, following
30 days written notice to Buyer, to dispose of such special tooling without
liability.
Buyers Request for Changes: Following acceptance of any order, any
technical changes and / or changes to quantity, delivery or other requested by
Buyer shall be in writing and shall be construed as a request to renegotiate
the contract without prejudice to the rights of 3R MFG LLC. Under
the contract.
Engineering Charges: Buyer agrees to accept responsibility for
any loss of production time when any 3R MFG LLC. is on
hold waiting for a response from the Buyer, if the issue involves a Buyer
engineering problem (such as a drawing or specification error, a document that
is unclear or a drawing change). The cost of the downtime will be negotiated
with Buyer but typically the charges would be the number of hours the machine
is down multiplied by our current shop rate. If the response from Buyer will
take more than one day we reserve the right to remove the Buyers job and
replace it with another job; Buyers job will be placed on hold and will need
to be rescheduled out by the Buyer. When this situation occurs Buyer shall be
responsible for the costs of removingthe set-up and subsequent re-set up of
the job. Set-up charges typically would be the number of hours to do the set-up
multiplied by our current shop rate.
Cancellation by Buyer: In the event Buyer desires to cancel it's order following acceptance by 3R MFG LLC., Buyer
agrees to pay 3R MFG LLC., the greater of: (a) 2% of the contract amount, or
(b) 3R MFG LLC.s expenditures for raw material,
tooling, labor incurred, handling and overhead, and for all work completed to
date and in progress but not yet delivered to Buyer, plus a cancellation charge
of 5% of the 3R MFG LLC.s expenditures, provided,
however, that if the parts are complete at the time of the cancellation then
the Buyer is responsible to pay 3R MFG LLC. for these
parts at the full agreed upon contract price.
This is without prejudice to such other and additional rights as are
available to 3R MFG LLC. under the law.
Incidental Charges: Any special packaging requirements, source
inspection by Buyer on the premises of 3R MFG LLC., or other requirements not
expressly provided in Buyers Request for Quotation (RFQ) or Contract shall be
subject to additional charges by 3R MFG LLC.
Short Count: Buyer shall be deemed to have accepted the
numerical count of goods shipped unless Buyer notifies 3R MFG LLC. in writing of any claim for short count within 48 hours
after delivery to Buyer.
Damaged Goods: Buyer shall report to 3R MFG LLC. any damage found from shipping within one (1) business day
of receipt of product.
Nonconforming Goods: It shall be assumed that product delivered
to Buyer conforms to the contract, and acceptance of such product is assumed
unless Buyer notifies 3R MFG LLC. in writing of any
claim of nonconformance within five (5) business days after delivery to Buyer.
Buyer will then await instructions from 3R MFG LLC., and unless otherwise
agreed to in writing by 3R MFG LLC., Buyer assumes the full risk and expense of
returning goods to 3R MFG LLC., including but not limited to damage arising
from Buyers improper packaging. 3R MFG LLC. agrees to repair or replace nonconforming goods.
Customer Furnished Raw Material or Semi-Finished
Materials: In the event the
contract requires 3R MFG LLC. to perform work on raw
material or semi-finished materials supplied by Buyer (such as castings and
forgings) but not purchased by 3R MFG LLC. from Buyer,
Buyer shall supply an adequate excess to allow for machining losses. All
customer furnished materials are considered the property of the Buyer at all
times. If 3R MFG LLC. scraps any such materials, it
shall not be liable to Buyer for such scrapped materials. Buyer warrants that
any raw or semi-finished materials shall be suitable for the operations
intended to be performed by 3R MFG LLC., and shall be free of defects in
workmanship and material. If found defective during processing, Buyer shall
promptly deliver suitable replacements at no charge to 3R MFG LLC.. Buyer shall pay 3R MFG LLC. for
all work performed to the time when the defect was discovered.
Buyers Assumption of Risk, Covenants and
Indemnity: Buyer assumes all
risk, liability and responsibility for any loss, damage, cost and expense
arising out of or resulting from the handling, use, storage, disposal, or
application of the goods and services ordered hereby. Buyer hereby assumes and agrees to indemnify,
defend, and hold 3R MFG LLC. and it's officers, owners, employees and agents
harmless from and against all liability, loss, cost, damage, expense (including
reasonable attorney's fees) arising out of or in connection with claims by
Buyer, it's employees, customers, independent contractors, and any third
parties based upon or resulting from the handling, use, storage, disposal, or
application of the goods and services ordered hereby. Buyer warrantsthat the goods and services ordered
hereby shall not be resold, transferred, exported, or reused in any way by
Buyer in violation of any U.S. Government Action. Buyer will indemnify, defend and hold 3R MFG
LLC. harmless, including reasonable attorney's fees,
court costs, and costs of investigation and defense, from any harm or damages
or liability caused to 3R MFG LLC. by any breach of
the foregoing warranty or for the failure to comply with any laws or
regulations, including without limitations, U.S. Government Action.
Limitation on Liability: 3R MFG LLC.S
LIABILITY, IF ANY, WHETHER ARISING FROM BREACH OF WARRANTY, CONTRACT, NEGLIGENCE,
INDEMNITY, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE WITH RESPECT TO ITS
PRODUCTS IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE OF THE PARTICULAR
PRODUCTS OR SERVICES GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL 3R MFG
LLC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, LOST PROFITS, CONSEQUENTIAL,
PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN
HEREOF, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS HOWEVER CHARACTERIZED AND/OR
FROM ANY OTHER CAUSE WHATSOEVER.
Taxes: Prices quoted are subject to added charges levied by any
government taxing authority, all of which shall be paid by Buyer.
Construction, Modification: This quotation, upon acceptance, becomes the
entire understanding of the parties with respect to this subject matter and
supersedes all previous representations or understandings relating thereto. It
may not thereafter be modified orally, but only in writing, signed by the party
to be charged; and, it shall be construed in accordance with the laws of the
State of California.
Minimum Order / Minimum Charge: Our Minimum Order Amount is $650.00 and the
Minimum Shipment amount is $650.00.
Expedite Policy: When the contract stipulates that product is
to be expedited, 3R MFG LLC. will make our best effort
to meet the accelerated delivery date requested by the customer. It is
important to note that expedite fees help 3R MFG LLC. to
pay for overtime and other activities required to speed up the process to
produce the product quicker than normal lead-time. This includes paying our
vendors to expedite processing of the parts. Therefore, expedite fees will be
charged by 3R MFG LLC. and paid by Buyer regardless of
the actual date the product ships to customer, unless an exception to this
policy is agreed upon in writing and approved by 3R MFG LLC. management.
Return Authorization: If Buyer determines that product supplied by
3R MFG LLC. should be returned due to a defect,
customer must obtain a Return Materials Authorization (RMA)
number from 3R MFG LLC. prior to returning the items.
All returns shall state the specific reason for such return. 3R
MFG LLC. may elect not to accept any returns
that do not reference an RMA number. Buyer shall be financially liable for all
labor associated with our verification time that ultimately determines that the
return/rejection is invalid. Buyer may
only return product that is defective or was not ordered on the latest
accepted Purchase Order.
Orders Placed on Hold Status: Any order received by 3R MFG LLC., shall be
placed on hold if there are any differences between our quoted price, delivery,
quantity, instructions, or any other factor that was not agreed to in writing
at the time of our quotation. When an order is placed on hold the Buyer shall
be notified by 3R MFG LLC., via phone, e-mail and / or fax. It is important
that the Buyer understand that when an order is placed on hold, 3R MFG LLC. will not perform any work until the discrepancy is resolved
and the hold status is removed. Therefore 3R MFG LLC.,
is not responsible for missed deliveries if an order is placed on hold and the
buyer does not resolve the issue within a reasonable amount of time.
Price Escalation: Pricing of items quoted by 3R MFG LLC. and accepted by Buyer is subject to re-negotiation if the
cost of raw material, purchased components and / or outside processing
increases by more than 4% at anytime during the term of the supply agreement.
NOTE: All product that 3R MFG LLC. manufactures
for Buyer are considered Commercial and Non-Military (not subject to
requirements and regulations of ITAR) unless Buyer discloses to 3R MFG LLC. that the items are in fact intended for Military / Defense
use.
Acceptance of these Terms: Buyer understands that by issuing a purchase
order to 3R MFG LLC. based on a quotation which
specifically referenced these terms and conditions, all of the terms and
conditions listed above are incorporated in Buyers purchase order, unless
otherwise specified in the purchase order.
Expedite Processing & Fees: When
agreeing to an expedite delivery schedule in support of the customers request,
3R MFG LLC. agrees in good faith to support the
customer and to produce the parts in question posthaste. Every effort shall be made to deliver the
specified units in line with the buyers expectation. Should
3R MFG LLC. miss the anticipated delivery date,
buyer agrees to pay all associated expedite fees in full.
Rough Order of Magnitude Pricing (R.O.M.):R.O.M. pricing
represents our best guess to produce the intended product given the materials,
dimensions, tolerances, and outside processing (or lack thereof) as defined at
the date of our quotation. Pricing may
be predicated on rush requirements, preliminary designs, and / or incomplete
solid models not suitable for contractual purposes; said pricing is subject to
change when the customers approved drawings are released for review by 3R MFG
LLC. Reliance on the accuracy of this
pricing at this juncture is made at the customers discretion only, and does
not constitute a binding price with regard to any future purchase order(s)
issued to 3R MFG LLC.
Pricing will be validated only when both 3R MFG LLC. and
the Customer agree on firm pricing at a suitable and agreed upon time.