TERMS AND CONDITIONS OF SALES
QUOTATION
The prices and terms of this quotation are not subject to
modification or change unless approved in writing by INTA. INTA acknowledges
Buyer's order on the express condition that goods will be sold only on the
terms stated herein or in any INTA quotation previously issued in connection
with this order. Such terms will control, if in conflict with terms of Buyer's
purchase order. All orders and contracts are subject to acceptance by
INTA. Quotation errors are subject to
correction by INTA.
NON-RECURRING ENGINEERING CHARGE (NREC)
Tools, fixtures, gages and their engineering and design are
considered an integral part of Sellers' manufacturing process. NREC's convey to
Buyer the use of tools and other engineering data, but does not
convey title, or right or possession. The above items will be
maintained by INTA. However, INTA shall not be obligated to retain them beyond
three years after their last use.
CUSTOMER SUPPLIED MATERIAL
When a quotation specifies "customer supplied
material", ample allowance must be made for reasonable scrap and material
must be of suitable quality to facilitate efficient production. INTA is not
responsible for loss or damage to any materials supplied to INTA by Buyer,
whether such loss or damage occurs in or outside the course of normal
manufacturing processes. An MSDS of the material is subject to review before
accepting an order.
CLEANING/PACKAGING/LABELING
All products will be cleaned and packaged according to INTA
standards. Special cleaning, packaging and labeling is available at Buyer's
request and will be subject to additional charges.
SHIPMENTS
Delivery terms are FOB shipping point. In all cases, risk,
loss, or damage to goods in transit shall fall to the Buyer, who shall file any
resulting claims with the carrier.
PAYMENT
Payment terms are 30 days with approved credit, unless noted
otherwise. Late payments of 60 days past the invoice date will be subject to a
1_% per month charge, which will be added to past due accounts, unless other
arrangements are made. All orders are subject to management approval of and
periodic review of credit and payment terms, which may be modified by INTA on
reasonable notice for good cause.
POSTPONEMENTS
In the event the entire quantity is not released by Buyer for
shipment within twelve months of the date of the order, or as jointly agreed
to, the entire order is subject to shipment.
CANCELLATION
Orders may be cancelled, in writing, only with the consent of
INTA. A Cancellation fee may be charged for all costs incurred, including
tooling, engineering, materials and manufacturing. Buyer shall also pay INTA
reasonable costs of processing the termination, such as settlement expense and
attorney's fees, if applicable. Order cancellations or returns for INTA
standard products are subject to a 25% restocking fee.
WARRANTY
INTA warrants its products to conform to the specifications
described in its quotation or its literature, whichever is applicable. INTA
makes no other warranties, express or implied, and hereby specifically
negates any implied warranty of merchantability or fitness for
a particular purpose.
CLAIMS
Unless otherwise specified, parts are inspected to a 2.0
Acceptable Quality Level (AQL). Claims for defective parts must be made within
30 days from delivery to Buyer. Goods may not be returned to INTA without first
obtaining a Return Material Authorization (RMA) number. Returns from Buyers
which are not accompanied by an RMA number shall be rejected by INTA and the
freight charge for said return shall be at Buyer's sole risk and expense. Where
it is agreed that parts are defective, INTA's liability will be limited to the
replacement, repair or crediting of the Buyer's account.
RESPONSIBILITY
INTA shall not be liable for damages or delays in performance
caused in part by third party strikes, accidents, freight embargoes, fire,
floods, inability to obtain special materials, conditions arising from
government orders or regulations, war, national emergency, acts of God, and any
other cause beyond INTA's reasonable control.
PATENTS
Buyer assumes liability for and indemnifies INTA against any
cost, liability damage, or expense relating to patent or copyright infringement
when parts are made to Buyer's specifications.
TAXES
INTA's prices do not include sales, use, excise or similar
taxes. Thus, in addition to the price specified herein, any present or future
tax applicable to the products sold hereunder, shall be applied to the price
and paid by the Buyer.
APPLICABLE LAW
This order shall be governed by, subject to and construed
according to the laws of the State of California. A state or federal court
located within California will have sole jurisdiction over any litigation
concerning this order.
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Last revised: 12 FEB 2008