May 20, 2016

Terms

Direct Waterjet, Inc™

STANDARD TERMS AND CONDITIONS

Stenographic and clerical errors are subject to correction.

Definitions:
“YOU” refers to you, the client.
“US” or “WE” refers to Direct Waterjet, Inc., its officers or agents.

Estimates:

  • Estimates are based on information you supply at the time of the Estimate. Should there be any changes to the data supplied, we reserved the right to alter the Estimate. You will be notified of any changes to the Estimate in order to confirm the price prior to any work commencing.
  • Pricing for multiple quantities of a part, if indicated on the Estimate, only apply where those parts are dimensionally identical.
  • Estimates are valid for 30 days only.
  • Unless you specify otherwise in writing, we will retain all data such as written information,
    plans, drawings, sketches, computer discs, models, computer files, or anything else related to an Estimate – or from work undertaken by us which arises from an Estimate – for a period of six (6) months from the date of the Estimate and it will then be destroyed.
  • If you send a drawing or file, we assume it is a new or changed part. Please do not resend parts we have already cut unless there is a change. If you send an unchanged part, you will be charged for set-up.
  • Up to three (3) Estimates per job will be provided free of charge. Thereafter, we reserve the right to charge for additional Estimates relating to that job. This fee is separate from the job and will be due regardless of whether we cut the job or not. It will not be credited toward the final job cost.
  • We always reserve the right to charge a File Review Fee for certain estimates to cover the time required to set up your file(s). This fee is equivalent to the set-up fee(s) and must be paid regardless of your accepting our Estimate. The same amount will be deducted from the job cost if/when we cut the job.

Tax:

  • Illinois Sales and Use Tax will be charged to Illinois customers on all material we provide unless a current Illinois ST-1 is provided in advance. No sales tax will be refunded for certificates provided after payment is made.

Permission to Cut:

  • We will only proceed cutting with the receipt of a Purchase Order or written permission (email is fine). Purchase Orders must reference any Estimate #.
  • Once we receive a Purchase Order or permission to proceed, it is up our discretion as to whether any changes will be accepted. You are responsible to pay for that portion of any work completed before the changes to the Estimate were requested.
  • Once cutting has commenced, no changes can be made and full payment will be due. Be advised – we work fast. Better to take an extra day to give us a perfect file rather than try to have us stop a moving train.
  • Should you direct us to perform any additional work, or provide material that requires additional handling or other processes outside the scope of the Estimate, we will notify you of any additional charges. We reserve the right to terminate the work if an agreement is not made but you will still be responsible to pay for work done to that point.

Material:

  • With some exceptions, minimum material size is 6” x 6”. Maximum is 64” x 72”. If your material falls outside these parameters, please ask before you send it.
  • Any raw material that you supply is subject to our approval. You accept responsibility for the performance of any material you supply and any damage that may occur to that material during the cutting process.
  • See Payment section below for details regarding our supplying material to customers on terms.
  • If you would like for us to supply material that requires certification, you must first provide the material specs you expect. With the PO or permission to cut is a good time for this. While I wish we were soothsayers, we aren’t and without knowing what it is you want, we can’t be held responsible for providing it. If no material specs are provided before or at the time you give us permission to order material, we are not responsible for material that doesn’t meet them.
  • While we take all care possible, we will not accept any liability for damage to your material or parts in the process of cutting, handling, or storage.
  • We can not guarantee that the finish or surface of any material will remain scratch or haze free. If you need for a part to have a perfect finish, cut it first -­ then have the surface finished. If you are looking for optical clarity or hoping to maintain a material’s pristine finish during the cutting process, waterjet cutting isn’t the answer.
  • Uncut material (up to 5’ x 6’) will be stored for up to 3 months at no charge to you. After 3 months, the material becomes the property of Direct Waterjet, Inc. without notification. We will not store material larger than 5’ – 6’ or smaller than 1’ x 1’.
  • Unless you specifically request us to return scrap material to you before we start cutting, all scrap becomes our property.
  • We NEVER EVER accept material containing toxic or hazardous elements. If it is found that material you supplied contains toxic or hazardous elements such as (but not limited to) lead, beryllium or magnesium, you bear the cost of any and all toxic waste clean up. And it isn’t cheap.
  • All copper alloys not supplied by us must be accompanied by a Material Certification guaranteeing the alloy’s composition
  • We will not pay for the replacement of specialized material – or parts to be modified – in the unlikely event of a cutting failure (i.e. unexpected machine failure during the cutting process). If such a failure occurs and material or existing parts are lost, we will re-cut those parts at no charge but you are responsible for providing additional material or part.

Part Design & Verification:

  • We try to interpret your requirements to the best of our ability. However, we are not responsible for size verification, material selection, or determining the suitability of the part’s purpose.
  • The cutting of your parts is conditional on your supplying us with compatible electronic 2-dimensional drawings in native format vector files like .dwg., .dxf., .svg, .or ai, to name the most popular. We accept no responsibility for features, part definitions, or dimensions missing from those files.
  • It is assumed that your drawings are RIGHT SIDE (“good side”) UP. If this is not the case, you must clearly state this in writing and confirm it on any estimate.
  • Any drawings we make for you must be approved by you. You subsequently bear all responsibility for those drawings as if you supplied them yourself. Once paid for, those drawings are yours and we will provide them via email or disc.
  • While all care will be taken in the production of your parts, we will not accept any liability for breach of contract or in negligence for any loss or damage resulting directly or indirectly from the misuse or inappropriate use of those parts or from use not in accordance with the use as communicated at the time of the Estimate. By providing permission to us to cut any part you agree to indemnify us from any and against all claims and suits arising out of misuse or inappropriate use of parts we cut for you. If you have gotten this far and are actually reading every word, give us the code word “heisenberg” and receive a five percent discount (not including material) on your first order. You deserve it. Keep going.
  • We can not guarantee tolerances for any polymer – they are far too subject to thermal expansion. The exception to this is Delrin (acetal resin).
  • We will not provide any structural engineering and do not warrant any of the products we fabricate for merchantability, fitness for use, or product liability. That’s your job.

Lead Time and Work Days:

  • Lead time is expected to be 5 full business days (9:00 a.m. – 5:00 p.m.) unless otherwise stated in an Estimate. Material delivery day does NOT count as one of those days unless material is delivered before 9:00 a.m..
  • For shorter lead times, we charge a fee for rush service. We will work with you on specific completion day and time. Material and permission to cut received by us within 24 hours of completion date/time will incur a DOUBLE rush fee and no new Estimate, will be issued.
  • We work the same hours you do. If you don’t work nights and weekends, we won’t work on your project nights or weekends. If you do? So will we. We need to be able to reach you any time we work for you.

Payment:

  • Payment is due before parts can be picked up or shipped unless otherwise arranged and approved by us in writing. Payment terms are clearly stated on all Estimates and Invoices.
  • We offer to provide material for “cash” customers and those on Net-30 or less only.
  • All prices quoted are in $US.
  • Prices do not include shipping or insurance, which is mandatory. We can not estimate shipping cost until we know how much the completed order weighs.
  • Under no circumstances will we keep credit card information on file. Never.
  • For “cash” customers, we accept ACH, Visa, MasterCard, Amex, Discover, PayPal, cash, money orders, as well as certified, personal and business checks. Parts will ship after personal and business checks have cleared. This could be up to a week.
  • For customers on terms, we accept ACH, business & certified checks, and money orders.
  • NSF checks will incur a $40 charge.

Overdue Invoices:

  • We will not cut any additional orders if there are overdue invoices pending.
  • Invoices past due 14 days will incur interest at a rate stated on the Invoice.
  • If we must commence any suit or proceeding for collection of a delinquent payment, you agree to pay our actual cost incurred because of the collection proceedings, including any attorney’s fees.

Shipping and Delivery:

  • We only ship finished parts fully insured. You must file any claims for damage or shortage in transit directly with the carrier.
  • Unless otherwise agreed to in writing, we reserve the right to make delivery in installments and to invoice each installment separately.
  • If we are responsible for arranging shipping, we get to choose the route and manner in which we ship your parts. If you are responsible, we will support your decision and instructions but you must make all arrangements.
  • All risk of loss passes to you upon delivery to the first common carrier.
  • Delivery is FOB our shop door. Please ask for our physical address.
  • We won’t ship glass. It must be picked up at our shop.

Part Problems:

  • If you find dimensional defects in the parts we cut, we reserve the right to replace those parts in a timely manner as agreed by both you and us and no other claims or demands whatsoever shall be made upon us. If your drawing – or our drawing you approved – was wrong, we are not responsible.
  • We will not consider claims of defect, damage or shortage from our shop (not transit related) unless they are made in writing within 10 days after receipt of the parts and the complaint must clearly describe any defect(s), damage, or shortage upon which rejection is claimed. Please refer to specific invoice numbers and send it to our physical address by USPS Certified Mail/Return Receipt. If we request the parts be returned for our inspection, you are responsible for arranging and paying for shipping or delivery. A call first would be nice.

Statements of Responsibility:

  • We shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond our control and not occasioned by our fault or negligence and which make our performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts, labor troubles causing cessation or slowdown, your requests for changes or additional work, or interruption of work provided such cause is beyond our reasonable control.
  • Under no circumstances are we liable for:
    • (a) Failures not reported within the warranty period;
    • (b) Failures or damage due to the negligence, accidents, abuse, improper installation (unless installation made by us), improper operation, or improper maintenance and repair of others;
    • (c) Expense incurred by you in an attempt to correct or repair any alleged defect without our prior written consent;
    • (d) Any losses, costs, expenses, liabilities and damages, including but without limitation to, loss of use of profits, damage to person or property, any liabilities you may have to your customers or third persons, and all other special or consequential damages, whether direct or indirect. No liability whatsoever shall attach until the goods have been paid in full. Unless otherwise expressly agreed in writing, the above warranty provisions are exclusive and in lieu of all other warranties expressed or implied, including but not limited to any warranty of merchantability or of fitness for a particular purpose.

Warranty:

  • We warrant our cutting service to meet your requirements as agreed upon in an Estimate.

Website & Marketing Material:

  • All information on our website and in our marketing materials is copyrighted by Direct Waterjet, Inc., and may not be used without our permission. You may not infer or imply that we sponsor or in any way approve of your site or any other site. You may not frame, display, or alter any material from our web sites, or our web pages directly, in any way that obscures our identification, banners or site navigation.
  • Our websites may be linked to from other websites. If you choose to link to information presented on our website, the presentation of the material linked to must make it readily apparent that the content is the property of Direct Waterjet, Inc.. You may not duplicate content (including graphics and/or photos) on any Direct Waterjet, Inc. website without our express written permission.

 

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