Standard Terms and Conditions
All quotations have been submitted based upon specifications, drawings, or other information provided to Aeromat Plastics. The customer is responsible for the accuracy of that information. All quotes may be accepted by issuing to Aeromat Plastics a purchase order within 30 days of the day of this quotation. Orders calling for delivery after six (6) months from the date of quotation will be invoiced at prices current at time of shipment. We assume no liability for any loss or damage arising from delay in delivery due to acts of regulations of any government, to manufacturing or unforeseen contingencies, or unavoidable occurrences of any sort at our plant or elsewhere. Such purchase order constitutes customer’s acceptance of the following terms and conditions, which shall apply unless they are inconsistent with specific provisions of this quotation. Any different or additional terms contained in the purchase order are hereby objected to by Aeromat Plastics and will not be binding on Aeromat Plastics unless specifically agreed to in writing.
All quotations, orders, the specifications, drawings, and other documents provided to Aeromat Plastics and the provisions of the purchase order that Aeromat Plastics accepts constitute the complete agreement between us. Minnesota law will govern this agreement. While we may agree to modify our agreement, such modifications must be agreed to in writing pursuant to a change order. If you provide Aeromat Plastics with a purchase order number, Aeromat Plastics will use that number on all packing slips and invoices. If Aeromat Plastics’ quotation includes a quote number and revision, you should refer to those numbers in your purchase order.
Delivery and Installation
Unless otherwise specified upon quotation, the products will be shipped F.O.B. from Aeromat Plastics location in Burnsville, Minnesota. Bills of lading will be mailed to the “ship to” address specified in the purchase order. Packing slips will be enclosed with the products being shipped. Promptly following delivery, inspect the product and identify to Aeromat Plastics any shortage in delivery. Identify to freight company any damage to the products incurred in shipping.
Aeromat Plastics understands that you may have provided to Aeromat Plastics information necessary for Aeromat Plastics to submit a quotation which you consider to be proprietary or confidential the public disclosure of which would place you at a competitive disadvantage. To the extent that you have marked any such written information as “CONFIDENTIAL” if the information with an indication that such information is confidential, Aeromat Plastics will maintain the confidentiality of such information in the same manner as Aeromat Plastics retains it’s own confidential information.
Disclaimer of Warranty and Limitation of Remedies
Aeromat Plastics warrants that the products will be in conformity with the specifications per quotation and will be free from all defects in material or workmanship which materially impairs the performance of the products for a period of twelve months from the date of first delivery. (Unless otherwise specified to be longer by Aeromat Plastics) The foregoing express warranties are in lieu of all other warranties, express or implied, including without limitation, any warranties of merchantability or fitness for a particular purpose. All other warranties are hereby disclaimed and excluded by Aeromat Plastics.
Aeromat Plastics shall not be liable for any loss or damage caused by delay in furnishing the products contemplated by this quotation or any other performance under or pursuant to our agreement.
Your sole and exclusive remedy for a breach of our agreement by Aeromat Plastics (including claims of negligence by Aeromat Plastics) shall be, at Aeromat Plastics’ option, the repair or replacement of the defective part, component, or product. Aeromat Plastics will not be obligated, however, to make repairs or replacements resulting from catastrophe, your negligence, improper use of the products or causes external to the equipment (such as power failures or surges).
In no event shall Aeromat Plastics be liable for any special, incidental, or consequential damage, even if Aeromat Plastics shall have been advised of the possibility of such potential loss or damage to you.
Tooling will be charged to you and becomes your property, but will remain in our possession and control for your exclusive use. Should it become necessary for you to remove any tooling, it will be forwarded to you at your expense. It is the buyer’s responsibility to carry those forms of insurance that will adequately cover the cost of tooling in our possession.
Aeromat Plastics will manufacture to customer drawings, prints, and specifications. If performance requirements cannot be met; Aeromat Plastics reserves the right to charge for engineering changes and testing to meet the customer’s performance requirements.
You will pay the amount of any applicable sales, use or other taxes applicable to your purchase of the products to be supplied by Aeromat Plastics. If you provide us with a tax exemption certificate, which is subsequently determined to be invalid, or should Aeromat Plastics fail to collect applicable taxes upon your purchase, you will pay to Aeromat Plastics the amounts Aeromat Plastics is required to collect from you upon Aeromat Plastics’ request.
This contract and the foregoing conditions shall be deemed to be made and construed under the laws of the State of Minnesota. This proposal expresses the entire agreement between parties hereto, verbal or otherwise, and your acceptance constitutes a contract. When your order contains printed or stamped provisions inconsistent with the written, printed or stamped provisions of our proposal, our proposal shall prevail. Clerical errors are subject to correction.
Invoices and Charges
Unless otherwise specified in this quotation, a 25% down payment must accompany your purchase order and the balance shall be due 30 days following delivery. Service charges of 1.5% per month will commence to accrue on amounts not paid within 15 days of their due date. Aeromat Plastics shall retain a security interest in the products supplied to you under our agreement until the full purchase price is paid. At Aeromat Plastics’ request, you will execute financial statements or other documents reasonably requested by Aeromat Plastics to protect Aeromat Plastics’ security issues in such products.
We reserve the right to make additional charges in the event of cancellation and/or engineering changes. Engineering and/or design changes suggested by us are made in the best interest of all concerned but we assume no responsibility for their success after buyer approves them. In the event of a cancellation or hold on an order, an invoice will be issued to cover the cost of work accomplished up to the time of the formal notification of said cancellation or hold. Outstanding invoices beyond 30 days will carry a maximum interest charge of 1 ½% per month or the legally allowed rate on the entire unpaid balance.