Terms and Conditions, Issued by: Automatic Machine Products
Order acceptance: All orders are subject to acceptance by Automatic Machine Products at the time of receipt at the company’s head office and such acceptance is subject to acceptance of the terms and conditions set forth in this document.
Standard terms: Net 30 days. Accounts that are approved for open credit will be shipped up to the amount assigned by Automatic Machine Products.
Past due accounts: Automatic Machine Products will not ship to past due accounts. A finance charge of 1.5% per month will be assessed on all unpaid balances. This is an annual percentage rate of 18%. Buyer agrees to pay all costs associated with the collection of past due accounts. Orders not released after 15 days past requested shipping date will be canceled for all accounts with past due balances. Shipping priority will be based on payment history. There are no discounts to customers having an overdue balance and previously granted discounts will be reversed on past due invoices.
Terms are effective from the date of invoice: Discount eligibility and payment dates are determined by the postmark date. Discounts are extended to product only and not to shipping and handling.
Shipping and Freight: All prices are F.O.B. shipping point. Please indicate special shipping orders clearly on your purchase order. Automatic Machine Products reserves the right to ship up to 15 days in advance of requested shipping date.
Credit: All orders are subject to credit approval. The customer will be asked to fill out a credit application. Automatic Machine Products will only ship up to the credit limit established. Previously billed shipments may have to be paid in full in order to receive orders if the credit limit is reached. New accounts may be put on COD terms until credit history is established.
Limited Warranty: Automatic Machine Products warrants that its products, at the time of shipment, are free from defects in workmanship and materials. THE WARRANTY DESCRIBED IN THIS PARAGRAPH SHALL BE IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Returns Policy: No merchandise may be returned to Automatic Machine Products without a written authorization and approval by Automatic Machine Products. Returns must have the return authorization number clearly marked on the outside of the shipment. Returns will be subject to a 15% restocking fee and must have complete intact packaging and be free of any markings. Return freight must be prepaid. Collect shipments will not be accepted. With defective merchandise, the customer’s account will be credited at full value.
Title and Risk of Loss: Title of all goods sold hereunder shall pass to customer when delivered to the carrier. All risk of loss and or damage to the goods sold hereunder shall be borne by the customer.
Claims: All claims for lost or damaged shipments must be made directly to the delivering carrier. Shortages due to packing errors must be reported to Automatic Machine Products within 10 days of receipt.
Prices: Each shipment will be invoiced at the price that is in effect at the time of shipment and is subject to change without prior notice.
Cancellation: Any parts that have been entered into production and are therefore cancelled are subject to a cancellation fee.
Product Changes: Automatic Machine Products reserves the right at any time and without notice to discontinue the production or change the specification of any product. Unless otherwise specified standard manufacturing tolerance is +/- 10% of order quantity. Special certification requirements will be subject to a nominal fee. Prices are based on minimum quantities.
Limitation of Liability: AUTOMATIC MACHINE PRODUCTS ASSUMES NO LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS AND IN NO EVENT WILL AUTOMATIC MACHINE PRODUCTS BE LIABLE FOR SPECIAL INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, IN TORT, UNDER WARRANTY OR OTHERWISE.
Waiver of Buyer terms: The terms specified herein and/or on our invoice are the only terms under which Automatic Machine Products will sell its products. Automatic Machine Products does not agree to terms and conditions stipulated on buyer’s purchase order or similar documents, statements, or policies, unless an agreement is reached and signed by an authorized officer of Automatic Machine Products. Taking delivery of any product or payment of any invoice shall be conclusive evidence of agreement.