1.The Standards and Practices of the Society of the Plastics
Industry, unless otherwise set forth in this offer, are to be used
in the interpretation of our agreement.
2. Tooling terms are 50% due with the order 50% upon approval
of samples and prior to production.
3. The prices set forth are valid for the first order and is subject
to modification for subsequent orders. Price is based upon
present material costs. Fluctuations in material costs and
availability may affect price.
4. The prices are valid for quantities in one lot or series of lots
shipped immediately after manufacture.
5. Delivery of plus or minus 10% of the quantity ordered shall
constitute fulfillment of the order and any excess not exceeding
10% shall be accepted and paid for by the Purchaser.
6. No finishing operations of any type are included unless
specifically stated.
7. Unless otherwise stated, packing is bulk packing only.
8. Payment is due upon receipt of invoice. Unless otherwise
stated, delivery is F.O.B. at our facility.
9. If inserts are to be supplied by the Purchaser, the Purchaser
shall provide 10% more than the quantity of molded parts
ordered 30 days prior to the time scheduled for molding.
10. Acceptance and Rejection of Goods. Purchaser promises to
inspect all parts within 30 days of receipt, and after that time all
parts are deemed to be accepted. Purchaser agrees that if the
goods tendered under this contract are accepted, such
acceptance satisfies all of PPT’s obligations and after
acceptance Purchaser shall have no remedy against PPT
whatsoever for dimensional or finish variations.
11. Unless otherwise stated, molded parts will be of general
commercial quality. Some dimensional variance from design
specifications is expected. Molded parts shall be deemed
acceptable if they are made to, and are unchanged from
approved samples with respect to dimensional variations from
the original specifications.
12. The goods covered by this contract are purchased as
molded parts only. Replacement of defective parts shall be the
buyer’s exclusive remedy. PPT disclaims any implied warranties
of merchantability and fitness for a particular purpose. All other
warranties expressed or implied, are also excluded.
13. This written agreement is the complete and exclusive
expression of the entire agreement between PPT and
Purchaser. All oral expressions between the Purchaser and
PPT, not set forth in this writing are not part of the agreement.
14. All modifications and amendments to this agreement must
be in writing and signed by both Purchaser and PPT.
It is understood that changes in design or delivery may increase
the cost of the tooling and production and may cause a delay in
the time required for performance.
15. PPT, is not responsible for damage or delay in performance
caused by events beyond its control including but not limited to
acts of God, acts of governmental entities, material supply
limitations, labor interference.
16. PPT will not perform research and design for the Purchaser.
PPT does not guarantee the performance of any material
specified by Purchaser.
17. Purchaser warrants that it is the owner or has a legal right to
the design of the parts ordered, and that the design is free from
product defects. Purchaser agrees to indemnify and hold PPT
harmless from any loss, costs, liability, damage, expenses
including but not limited to all attorney fees, resulting from
infringement or claimed infringement of patents or trademarks,
or from any claims that result from the use or foreseeable
misuse of the molded parts.
18. Purchaser grants to PPT a general lien upon all tooling in
molder’s possession for amounts due for any production. This
lien will be in addition to any other legal remedies available.
19. If Purchaser fails to make any payment due PPT for any
agreement or to anyone else for which PPT is liable because of
this agreement, performance will be suspended.
20. Interest shall accrue for any unpaid balance at a rate of
1.5% monthly interest, or the maximum amount otherwise
allowed by law.
21. The obligation to provide further services under this
agreement may be terminated by either party upon written
notice. In the event of termination, Purchaser will pay to PPT all
services rendered to the date of termination including all
reimbursable expenses including any amortized costs.
22. Both Purchaser and PPT each bind themselves and their
partners, successors, executors, administrators, assigns and
legal representatives to the other party of this Agreement in
respect to all covenants, agreements and obligations of this
Agreement.
23. Neither Purchaser, nor PPT shall assign, sublet or transfer
any rights under or interest in this agreement, including, but not
limited to any money that is or may become due, without prior
written consent of the other unless restricted by law. No
assignments will release or discharge the assignor from any
duty or responsibility under this Agreement.
24. Nothing herein shall be construed to give any rights or
benefits hereunder to anyone other than Purchaser and PPT.
25. The law of the State of California shall be used in the
interpretation of this Agreement.
26. Each party shall pay its own attorney fees necessary to
enforce the terms of this agreement (or for any legal action) that
results from the relationship between the parties or their
successors.
27. Any action to enforce this Agreement, the terms of this
Agreement, or any action related to the relationship between the
parties to this Agreement, shall be conducted in San Bernardino
County California.
28. All future orders for this molded part will be subject to the
same terms and conditions of this offer unless modified in
writing.
29. All claims, counterclaims, disputes and other matters in
question between the parties hereto arising out of or relating to
this Agreement or the breach thereof if less than $10,000 in
value will be decided by arbitration.