As used herein, “Seller” means Aspect Machining. “Buyer” means the customer.
QuotationsA quotation is an offer to sell and is valid for the 3D CAD which it was based. Any change to the data requires an updated quotation. Quotations are valid for 30 days, after which pricing may change.
Offer and AcceptanceThis document from Seller, together with a valid quotation, contains the entire terms and conditions associated with this transaction. The buyer may accept a quotation by issuing a purchase order or other writing expressing its intention to be bound, or in any other manner acceptable to Seller. Any terms, conditions or writing within such a purchase order or writing addressing the subject matter of this transaction, shall be for the buyer’s internal purposes only and the terms and conditions contained therein shall have no force or effect. Seller objects to any different or additional terms or conditions contained in any request for quotation, purchase order or other writing or document of the buyer, and no such different or additional terms shall be effective or binding upon Seller, unless agreed to in writing and signed by an officer of Seller. After Seller accepts an order, Buyer is responsible for any delivery delays or charges, in addition to the original price, due to a Buyer requested change that is agreed to in writing by Seller.
Price & Payment TermsAll prices are quoted and payments shall be made in US Dollars. Buyer agrees to pay all fees and any other charges incurred by the buyer (including any applicable taxes) for the services the buyer has requested through the Website in accordance with the seller and Order Terms and Conditions of Sale (as applicable). Unless documented otherwise, terms for payment will be 100% upon the shipment of the order. Seller accepts checks or cash payments.
DeliveryProject time line begins the following business day from receiving final 3D CAD, a purchase order and confirmed material selection. All deliveries are subject to review at time of order.
Programming & DesignSeller uses 3D CAD data to generate the machining program, 2D drawings are used for reference only. Seller will not be responsible for incorrectly designed parts when the design is provided by the buyer.
Cancellation PolicyIn the event the project is cancelled by the buyer or seller a cancellation fee will be prorated by the seller to the buyer in percentage complete including any accumulated cost of materials associated with subject project.
Buyer Supplied MaterialsIf Seller agrees to use materials supplied by the buyer, then the buyer shall be solely responsible for supplying and delivering such materials in a timely manner at no cost or expense to Seller, of sufficient quality (including allowances for loss, waste, or scrap that may occur for any reason) as Seller deems necessary to complete its obligations. Seller shall not be liable for, and the buyer shall be obligated to pay any previously negotiated delivery premiums notwithstanding, any failure or delay in delivering any goods to be provided hereunder if such failure or delay is caused by the buyer’s failure to supply and deliver such materials in a timely manner or of such quality or in such quantity as Seller deems necessary. If buyer supplies excess material than is required to run the job, seller will not be responsible for storage or loss off excess material and make no guarantees of availability of said material without a written Purchase Order for future production orders.
ShippingWe welcome the use of your shipping account. Delivery terms for all goods are F.O.B Vista California. Delivery failures are not the responsibility of the Seller.
Force MajeureSeller shall not be liable for any failure to manufacture, deliver or provide, or for any delay in the manufacture, delivery or provision of, and goods to be provided hereunder if such delay is caused by acts of God, fire, storms, blackouts, riots, acts of terrorism, embargoes, strikes, or other concerted acts of workers, casualties or accidents, or any other causes or circumstances that prevent or hinder the manufacture or delivery of the goods. Such party may cancel or delay performance hereunder for so long as such performance is delayed by such occurrence and in such event the party shall have no liability to the other party.
Limitation of LiabilityIN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, WHETHER FOR BREACH OF ANY WARRANTY, FOR BREACH OR REPUDIATION OF ANY OTHER TERM OR CONDITION, FOR NEGLIGENCE, ON THE BASIS OF STRICT LIABILITY, OR OTHERWISE.
IndemnificationBuyer agrees to indemnify the Seller, its employees, agents, and representatives from and against any and all liabilities, claims damages and other expenses (including attorneys’ fees, court costs, and litigation expenses) arising out of or relating to any claim or action, regardless of form, concerning any breach of this agreement by you, any acts of omission by you relating to your performance hereunder, and any claim of third parties arising out of this agreement or the sale of goods hereunder. You will also indemnify and hold the Seller harmless from any claim that the parts violate any patent or propriety rights. It is your responsibility to pursue patent, copyright, or other proprietary rights protection and to ensure that the parts do not infringe on other third-party patents or proprietary rights.
WarrantiesSeller assumes no responsibility for the design of the goods for milling orders that are the subject of this transaction when the design is provided by the buyer. To the extent that Sellers personnel recommend design modifications or provide design analysis, simulation or advice, they do so to help meet the requirements of Sellers own manufacturing process. The buyer retains sole legal responsibility for the design specifications and performance of the goods that are the subject of this transaction.SELLER MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER WITH RESPECT TO ANY GOODS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Electronic CommunicationsVisiting www.aspectmachining.com or sending emails to Aspect Machining constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
No unlawful or prohibited use/Intellectual PropertyYou are granted a non-exclusive, non-transferable, revocable license to access and use www.aspectmachining.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Aspect Machining that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Aspect Machining or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Aspect Machining content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Aspect Machining and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Aspect Machining or our licensors except as expressly authorized by these Terms.