Terms & Conditions
All orders are taken subject to Seller’s acceptance. The seller does not agree to any terms and conditions except those set forth herein and in its written quotation, if any. Shipment of any products by Seller will be on these terms and conditions and no modification shall be affected by the acknowledgment or acceptance of any purchase order forms containing different terms and conditions from those set forth herein.
All written proposals, negotiations, and representations, if any that were made prior to the date of this acknowledgment are merged herein.
1. PAYMENT METHOD: ACH or check (if credit approved).
2. PRICE: All prices and payments are based on U.S. dollars.
3. PAYMENT TERMS: Credit is subject to approval of Seller. If approved, standard payment terms Net 30 days from invoice date. Discounted terms are available upon request.
Remittance should be made to:
Accurate Fastening Solutions
9775 85th Ave N
Maple Grove, MN 55369
A charge of 1.5% per month may be applied for each month of delinquency (18% annual rate). To apply for credit, please contact Accounts Receivable at (952) 222-1175. If not approved, payment shall be made by prepayment, where applicable. Should Seller have any reason to doubt Buyer’s financial solvency, Seller reserves the right to decline to make deliveries of product. Except upon receipt of full or partial payment in advance, additional security or upon other terms and conditions satisfactory to Seller. It is understood and agreed that Buyer will pay, to the extent permitted by law, all reasonable costs and expenses incurred by Seller in connection with any collection action for payments of amounts due from Buyer under any open order, including attorneys’ fees and expenses.
4. FORCE MAJEURE: Seller shall not be liable for failure or delay in shipping goods if such failure or delay is due, directly or indirectly, to fire, explosion, earthquake, storm, flood or other adverse weather conditions; by strike or other labor difficulties; by war; by insurrection, riot, act of God or other public enemy; the inability to obtain material or by other circumstances completely beyond the Seller’s control. Seller shall have the additional right, upon the occurrence of a force majeure event, at its option, to cancel the order at issue or any part thereof without any resulting liability.
SHIPPING INSTRUCTIONS: Unless otherwise specified, goods are sold F.O.B. mill of origin. Methods and routing of shipment are at Seller’s discretion unless Buyer supplies explicit instructions. All shipments are insured at Buyer’s expense and made at Buyer’s risk. Unless otherwise specified, shipments will be by carrier of Seller’s selection and for Buyer’s account to carrier’s platform nearest to Buyer.
5. TAXES ON SALES: If, under any law now or hereafter passed, Seller is required to pay a tax on sales, the amount of these taxes will be added to the invoice value. If tax-exempt, a copy of your tax-exemption certificate must be on file with Accurate Fastening Solutions
6. SPECIFICATIONS: If submitted specifications are not complete in detail, then accepted industry specifications will be used in all matters pertaining to the manufacturing, inspecting, marking, packaging and shipping of the products ordered not covered by the submitted specifications.
7. ERRORS: Seller reserves the right to correct all typographical, computational, or other errors in quotations.
8. CANCELLATION: Orders are not subject to cancellation or deferred delivery except by mutual consent expressed in writing and signed by duly authorized officers of Buyer and Seller. In the event of cancellation, Buyer shall indemnify Seller against any loss resulting from cancellation and within 30 days of the effective date of cancellation. Buyer shall pay Seller all reasonable costs and expenditures incurred as a result of this cancellation plus a reasonable amount for handling and overhead charges.
9. COMPLIANCE: Unless specifically provided otherwise in this acknowledgment, the delivery by Seller of 10% under or over the quantity specified in the order shall constitute fulfillment of the order. Any excess not exceeding 10% shall be taken and paid for by Buyer and credit will be given for any deficiency. Shipments made within 20 days after the specified date of delivery shall constitute good delivery.
10. RETURNS: Return of Sellers products must be authorized in writing. A RETURN GOODS AUTHORIZATION NUMBER (RGA #) must be obtained for all returns. Items returned without an RGA # will not be accepted. A restocking charge may or may not apply depending on the reason for returning goods. Goods must be returned within thirty (30) days of shipment. The RGA # must appear on returned paperwork and boxes. Upon arrival at our plant, returned quantities will be verified and Buyer will be notified immediately of any discrepancies. A credit memo will be issued for the quantity returned. Any credit applied to the account of a Buyer must be used within one (1) year and any credits remaining after this time period will be subject to cancellation if not used. [Custom-made products and materials manufactured to Buyer’s specifications are not subject to return under any circumstances.]
11. DIES AND TOOLS: Charges for dies, gauges, fixtures and tools do not convey ownership or the right to remove them from Seller’s factory.
12. CLAIMS; LIMITATION OF LIABILITY: If delivered products are not as ordered, Buyer must notify Seller within 15 days of receipt of shipment. If Buyer’s claim is accepted, Seller at Seller’s option, shall repair, replace or credit the order. The foregoing will be Buyer’s exclusive and sole remedy on account or in respect of the furnishing of material that does not conform to this contract. IN NO EVENT WILL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURIES TO PERSONS OR PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER WILL HAVE NO RESPONSIBILITY FOR ANY ITEMS SOLD BY SELLER WHICH ARE FURTHER PROCESSED, REDESIGNED, MODIFIED OR ALTERED IN ANY WAY RESULTING IN A CHANGE OF DIMENSIONS OR CHARACTERISTICS OF THE ITEMS AS SOLD BY SELLER. IN NO EVENT WILL SELLER’S DIRECT DAMAGES EXCEED THE PURCHASE PRICE OF THE PRODUCT.
13. LIMITED WARRANTY: Seller warrants, for a period of one (1) year after delivery, that the products delivered to Buyer will be free from any defects in material or workmanship. This warranty extends only to Buyer and shall not be applicable in the event of the misapplication, negligence or accident, misuse, or improper selection of the product by Buyer. Seller makes no warranties to those defined as consumers in the Magnuson Moss Warranty Act. THE FOREGOING IS SELLER’S SOLE WARRANTY UNDER THIS ORDER, AND ALL OTHER WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICUAR PURPOSE WHICH EXCEED THE AFORESAID ARE HEREBY DISCLAIMED AND EXCLUDED.
14. GOVERNING LAW: These terms and conditions shall be construed and interpreted pursuant to the laws of the State of Minnesota.
15. NO OFFSET: Any delivery not in dispute shall be paid for regardless of other disputes relating to other delivered or undelivered product orders.
16. COMPLETE ORDER: These terms and conditions, including purchase order forms, quotations, and invoices, constitute the exclusive and complete agreement between Seller and Buyer.
17. RELATIONSHIP OF PARTIES: Seller and Buyer are independent contracting parties and nothing in any purchase order or these terms and conditions shall make either party the agent or legal representative of the other party for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other.