414-351-1000 / Toll Free: 888-611-0270 sales@genplas.com

Terms and Conditions of Sale

1 ACCEPTANCE OF BUYERS ORDER: the acceptance by seller of a future purchase order from buyer shall not constitute acceptance of buyer’s terms and conditions. This quotation is subject to the following terms and conditions and no others unless there is signed overriding agreement between the parties.
2 WARRANTY AND WARRANTY DISCLAIMERS: (A) The seller will replace, rework or issue credit for defective molded parts subject to the following limitations and conditions:
1 No claims for defective parts will be recognized unless the claim has been made in writing and received by the seller no later than four (4) weeks from date of shipment.
2 Molded parts claimed to be defective shall not be returned for credit, correction or replacement unless authorized for return by the seller in writing. Authorized return of such parts for inspection does not constitute an admission of claim of defect by the seller.
3 Claims for defective molded parts will not be recognized if the part has been assembled, machined, altered or finished in any way after delivery to the customer.
4 No claims will he recognized for losses, damages or expenses arising out of the use of a molded parts, or labor costs, or other charges incurred outside the seller’s plant as well as losses due to other causes. Any claim allowed shall be limited to the value of the defective molded part.
(B) Buyer will assume the full responsibility for any plastic part failure with regard to function or fitness for use. Buyer agrees to indemnify and save seller harmless from and against any and all loss or liability (including attorney’s fees) for which seller may be, or become, liable which in any manner arises out of the production of plastic parts by seller for buyer.
(C) Molded plastic parts are not considered to be reject able because of variation from print specifications if they are made to and are unchanged from approved samples with respect to dimensions, finish and analysis; or failure with regard to function, or fitness for use, when the buyer has specified for approved the product design.
3 PAYMENT: All invoices for molded plastic articles are due and payable net thirty days from date of shipment F.O.B. sellers’ plant. Any invoice not paid within this time frame will be subject to a late charge of 1-1/2 percent per month.
4 PRICING: (A) Prices quoted are based on seller’s current costs and buyer’s current specifications. Any change in either of these areas will make prices subject to immediate change. (B) The quantities specified on the sellers quotation are for UNINTERRUPTED production RELEASES in a single color and are considered available for shipment within thirty (30) days of manufacture unless otherwise specified or agreed to in advance. A set-up charge will be made on all orders requiring less than sixteen (16) hours of production time. (C) Seller reserves the right to deliver ten percent more or less than quantity specified in the order, and the difference to be paid for or allowed at the prevailing prices.
5 TOOLING: (A) Tooling charges will not normally be amortized. Any agreement to do so will include appropriate interest charges. (B) Sample approval, for purposes of tooling payment, shall not be delayed due to engineering changes, etc. introduced AFTER sample submission. All charges and approvals related to such changes must be handled independently of the initial tooling charges IF these changes will cause delay in the final (1/3) payment of the mold. (C) Buyer agrees to pay for and accept the responsibility for any changes in molds and tools made necessary by changes in his specifications as originally accepted by seller. (D) If, after a one (1) year period, no production has been molded, the mold will be considered as inactive. At that time disposition will be requested from the buyer. If the buyer wishes the seller to continue possession of the inactive mold, a storage charge will be applied. (E) Routine maintenance on molds will be at no additional expense to the buyer. The normal life of the mold will be considered as terminated when the buyer no longer accepts the parts produced from a mold because of defects caused by mold wear. At that time, quotations will be submitted by the seller covering:
1 The cost of reworking the tooling or replacing part of or the entire mold as needed.
2 The additional cost of secondary operations necessary to produce acceptable parts from the worn out tooling.
(F) The seller DOES NOT provide insurance coverage for customers tooling and buyer assumes all responsibility for any loss while tooling is in possession of seller.
6 PATENT INFRINGEMENT INDEMNITY (A) Buyer agrees to defend, protect and save harmless seller against all suits at law or in equity and from all damage, claims and demands for actual or alleged infringement of any United States or foreign patent and to defend any suit or actions which may be brought against seller for any alleged infringement because of the manufacture and/or sale of the parts or their application thereof (B) Any and all molded parts sold pursuant hereto shall be free of any warranty of non infringement with respect to any U. S. or foreign patent, and buyer assumes all risk and obligation relating to the infringement of any such patent by virtue of the manufacture, sale or use of said parts.
7 CANCELLATION: (A) All cancellation notices must be in writing from buyer. (B) NO cancellation will be allowed on any order already produced and within sixty (60) days of scheduled shipping date. (C) All allowed cancellations will be subject to a cancellation charge of 15% of the buyers purchase order amount being cancelled. (D) ALL special materials and supplies on hand at seller’s plant at the time of cancellation or mold pull-out will he returned to seller’s supplier if possible. Any non-returnable materials or supplies or any re-stocking charges imposed by the sellers suppliers as well as all associated transportation costs will be invoiced to canceling buyer for immediate payment. (E) ALL TOOLING WILL BE HELD BY SELLER UNTIL ALL OUTSTANDING INVOICES ARE CLEARED.
8 BUYER REQUESTED DELAYS: Released orders that have been produced in part or in full and scheduled for shipment will be subject to storage charges if shipping is delayed at the buyers request and further, buyer shall pay seller for held merchandise within 30 days.
9 SPECIAL EQUIPMENT AND GAUGES: It shall be the buyer’s responsibility to furnish any special gauges or test equipment that may be required.
10 INSERTS: Inserts and/or component parts SHALL BE SUPPLIED BY THE BUYER F.O.B. seller’s plant. The seller does not accept responsibility for the quality of such inserts or component parts or the poor quality of the molded product when it is due to interior inserts or component parts. The seller reserves the right to approve the design of any insert.
11 SHIPPING DAMAGE: When molded parts are lost, broken or damaged wile in transit to buyers’ plant, it shall be the BUYERS responsibility to file a claim with the carrier for such loss, breakage or damage.
12 SUBCONTRACTING: Seller reserves the right to subcontract all or any part of any order without notice to buyer.
B. GENERAL: (A) Seller will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by buyer by reason of such delay when such delay is directly or indirectly, caused by, or in any manner arises from fires, floods, accidents, riots, acts of God, war, Government or State interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials or supplies, transportation delays or any other cause or causes (whether or not similar in nature to any of these herein before specified) beyond its control. (B) The provisions of these terms and conditions of sale hereof may not be modified or rescinded except with written consent of seller.