Customer Terms and Conditions
Over the years QuikTeck developed effective formula, techniques and tracking methods to help moving towards the [under promise over deliver] goal. Our team is able to strive under any circumstances at any levels to meet our customer needs. We constantly achieve greater levels of efficiency, price competitiveness and production updates by executing better, faster and more cost- effective products.
Definition:
“Seller” is defined as QuikTeck.
“Customer”, “Buyer”, “Purchaser” are defined as person or entity purchasing goods or service from Seller.
“Agreement” is defined as Terms and Conditions contained herein.
The following standard Terms and Conditions are in place to insure that your project or PO will go as smooth as possible. This will prevent surprises to either party. Any exceptions to these Terms and Conditions will be specifically noted on a job-by-job basis regardless of same product or not otherwise it shall not be changed or modified except by in writing executed by both seller and customer.
Lead Time: Certain occasion, lead times quoted are estimated and are not guaranteed. Lead-times may vary due to current workload, material availability, job complexity and quantity of order. Once a Purchase Order is received, prices and current lead times will be confirmed to the customer.
Pricing: All prices are quoted based on the totality of the information provided to us at the time of quoting. Prices are valid for a default 14 days or unless specified depending on certain type of jobs. Quoted prices are sensitive to total quantities, delivery frequency and batch size. Any changes to total quantities, batch sizes or expedite delivery from what was quoted may affect the price.
Purchase Order: A written purchase order is required for all orders. All purchase orders will be reviewed against our quotation for accuracy. Any changes to the scope of the project subsequent to the quote will require a re-evaluation of the quote. Initial work on the project will not begin until the requirements of the project are accurately defined, prices are agreed upon and reflected in the purchase order, and all information and materials to be provided by the customer are received.
Quantities: Customer agrees to accept over/under runs not to exceed 10% of ordered quantity on each line item. Closer control of quantity requires special arrangements with vendor.
Supplementary Technical Information: Customer to provide sample, CAD model and/or blueprint files to us through various format. Seller is not responsible for errors in CAD models and/or blueprint files supplied by the customer. Unless specifically quoted or job, Seller is not responsible for verifying the CAD model files or the blueprint files. If errors in the customer-supplied CAD and/or blueprint files are discovered while parts are in-process, additional charges will be incurred on a “time and material” basis as needed to correct the errors. The customer will be advised of any extra charges and a purchase order or P.O. revision will be required to cover the charges before work can resume. If errors in the CAD model and/or blueprint files are found after the parts are completed, the customer is obligated to buy the parts at the quoted price.
Customer Delays and/or Holds: Your parts are being produced on high-cost, high-volume equipment. It is therefore very costly for a machine to sit idle while waiting on information from the customer. In the event of delays or holds caused by inaccurate or incomplete information, or other customer related reasons, it will be necessary to pass additional charges onto the customer. In some cases, depending on the length of delay, it may be necessary to pull the job out of the machine. If that occurs, additional setup charges will be incurred. Work will not proceed on the project and a new delivery date will not be established until we receive a purchase order or P.O. revision for the additional charges.
Non-Recurring Engineering (NRE) Charges: Whether quoted separately, or amortized into the piece price, Seller always incurs NRE costs. Those costs include fixturing, engineering, programming, tooling, set-ups, etc. Each quotation will include NRE charges based on the information that we have been provided at the time of quotation. If at any point it becomes obvious that the scope of the project has exceeded what was included for NRE costs, it will be brought to the customers attention and a resolution as to how to handle potential extra costs will be determined before proceeding any further.
Property: Unless otherwise agreed in writing of individual job, all tools, equipment or material of every description furnished to seller by customer or specifically paid for by customer, and any replacement thereof, or any materials affixed or attached thereto, shall be the property of seller after job is done.
Expedited and Minimum charges: Seller will quote expedited surcharges upon request. When expedited services are required, minimum charges for our services as well as our outsource suppliers will usually be necessary. If a project needs to be expedited, please contact our sales department to discuss the best options available.
Cancellations: Orders may be cancelled or deliveries deferred only upon condition that the customer assumes immediate liability and makes payment for all work completed and in process. Such charges shall include raw material, unamortized tooling, engineering, handling, overhead, production, and outside cost; i.e. heat treat and plating. Such charges will be determined at the time of cancellation or deferment.
Delivery/Shipments: Seller shall not be liable for damages for default or delay in production or delivery for causes beyond his control including an accident to or breakdown of his equipment, labor disputes, embargoes, acts of God, supplier delays, government restrictions, riot or carrier delays. Bulk packaging is standard. Customer shall bear the expense of all other packaging.
Taxes: All sale and/or use taxes and Custom duties imposed by Federal, state, county or municipal authority upon transfer and delivery of merchandise hereunder shall be paid by the customer.
Claims: In all claims for shortages, customer must notify Seller within 5 days of receipt of shipment. Charges for repair or inspection of parts by customer, without prior authorization, cannot be honored. Claims will not be honored on those parts further processed by customer resulting in change of dimensions or characteristics from parts ordered. If parts are returned, they must be packed with the same care as they were originally packed by Seller. Selleris not responsible for parts damaged in return shipments by the customer.
Warranty: Seller warrants that goods manufactured and will conform to the drawings and specifications furnished by customer. Where products are used and combined with other equipment or components not furnished by seller, customer agrees to indemnify seller for all claims and expenses resulting from the use of incorporation into customer’s products. No express or implied warranty of merchantability or fitness for use is made except as provided herein.
Confidentiality: This order is confidential between Customer and Seller, and none of the details connected herewith shall be disclosed to any third party.
Limited Liability: The seller’s liability shall be limited to the amount of the contract. The foregoing states seller’s entire and exclusive liability. In no event will the seller be liable for consequential or special damages arising from any defect or use of his product.
Recovery of Costs: If any legal action or other proceeding is brought for the interpretation or enforcement of this agreement, or because of an alleged breach, default or other dispute in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, whether for negotiation, trial, appellate, bankruptcy or other services, and other costs incurred in the action or proceeding, in addition to any other relief to which it or they may be entitled.
Governing law; Venue: This agreement shall be governed in all respects by the laws of the State of California, and the parties agree that the appropriate venue for any dispute involving issues arising from this agreement shall be Orange County, California.