Terms & Conditions
- This quotation is for information purposes only and is based upon producing and shipping the quantity of material indicated. All orders are subject to acceptance at our corporate office and until accepted are not binding upon us. Orders will be accepted only on the express condition that the material will be billed at the prices in effect at the time of shipment.
- Terms of payment are effective from the actual date of invoice.
- Each shipment in partial fulfillment of an order shall be deemed a separate and independent contract but if the buyer fails to fulfill the terms of payment of any invoice, or if the financial responsibility of the buyer shall become impaired or unsatisfactory to us, we reserve the right to change terms of payment and/or defer or discontinue further shipments, without prejudice to any other lawful remedy, until past due payments are made and satisfactory assurances of buyer's credit standing are received.
- No order in process of production is subject to cancellation, deferment or change in specifications without agreement by seller. Normally cancellation charges shall include cost of all labor and material ordered or in process for the order in question.
- Custom items will be supplied only on the condition that the purchaser accept overruns and underruns not exceeding 10% of the quantity ordered to be paid or allowed pro rata, unless otherwise specifically arranged and agreed to by both buyer and seller.
- Because Iten has no control over the use to which a buyer or buyer's customer may put the goods ordered, Iten shall not guarantee nor warrant that said goods shall be fit for any particular use. Iten's only warranty or guarantee shall be against defects in workmanship or material. In no event shall Iten be held liable to the buyer for consequential damages occurring to said buyer or any other person, firm or corporation. Further, buyer hereby agrees that it shall indemnify Iten and save Iten harmless from any loss arising from any claims, allegations or lawsuits against Iten when said claims, allegations or lawsuits are predicated upon any consequential damages allegedly due to breach of warranty. It is further agreed that Iten shall not be liable, in any event, for more than the replacement value or a refund of the purchase price on any goods which are defective.
- Shipment is made F.O.B. shipping point, freight collect. Prices include domestic packing unless special packing is requested, additional charge will be made for export packing or special packing done at buyer's request.
- Title to goods and risk of loss passes to the consignee upon delivery to the carrier.
- Estimates as to time of delivery are based on conditions prevailing at the date or quotation, delivery estimates are subject to review based on conditions at the date of order and apply from the date of receipt of full manufacturing detail at our factory.
- Delays in filling of orders or delivery of material occasioned by strikes, fires, accidents or other causes beyond our control, including governmental action, shall not result in our liability to the buyer or to any other person.
- Any sales, use or excise taxes levied by any governmental authority on or applicable to the material sold shall be added to the invoiced price of the material sold.
- Where items are made to buyer's specifications the buyer guarantees that no valid patent has been or will be infringed by the manufacture, sale or use of any items covered by this quotation, and the buyer agrees to defend, at its own expense, every suit brought for any infringement of any patents by reason of the sale or use of any of the items covered by this quotation and indemnify us against any and all costs, expenses or damages incurred by reason of any suits or claims for such infringement.
- The items covered by this quotation shall not be subject to any specifications, express or implied, except as specifically outlined in this quotation.
- You will examine and test each shipment promptly on arrival and before any part of the goods has been changed from its original condition, and you waive all claims for any cause after any part of the goods has been treated, processed or changed in any manner (except for reasonable test quantities). You assume sole responsibility for determining whether the goods are suitable for your contemplated use (whether or not such use in known to us). You waive all claims of which we are not notified in writing within thirty (30) days after arrival of goods at destination except claims for breach of our Fair Labor Standards Act Warranty.
- Any order for items covered by this quotation expressly incorporates all terms and conditions of the quotation into such order. Any variance between the terms and conditions as herein stated and the terms and conditions of any order to contract submitted by the buyer shall be deemed to have been waived in favor of the seller's terms and conditions by the buyer upon failure to object in writing within ten (10) days after receipt of acknowledgment.
- Prices quoted are for acceptance within ninety (90) days unless otherwise agreed.
- Stenographic and clerical errors are subject to correction.