1. Prices on quotations are good only for the specified period of time. If an uncontrolled condition causes changes in material, labor and manufacturing costs during this specified period, SPAWR Industries reserves the right to change prices to reflect such changes in the quoted price.
2. Quoted prices are only for the quantities indicated, and for production and shipment in one lot or in accordance to the schedule indicated. Changes by the customer in quantities, or in the schedule or dates of production or shipment, or in specifications, will be accepted if they do not affect SPAWR'S costs or burdens, or if an appropriate adjustment in price is agreed upon.
3. Design, tooling and fixtures required to produce the product will remain the property of SPAWR Industries, Inc unless otherwise agreed to in writing.
4. All claims for shortage or rejection of material or products shall be waived unless a claim or notice is filed with SPAWR within 5 days after receipt of shipment.
5. Cancellations of orders placed with SPAWR Industries can be made only with SPAWR'S consent. Buyer will be liable for a minimum cancellation fee of 5% of canceled order. Buyer will be liable for all labor expended on production of this order at SPAWR'S usual rates, and for all material purchased specifically for this order, as well as drawings, jigs, tools, etc., produced or purchased specifically for canceled order, or 5% of order, whichever is higher.
6. Time deferred shipments are subject to SPAWR Industries approval, and are subject to the following conditions:
(1) Deferral period not to exceed 30 days, at the end of which time, if no release is given, SPAWR Industries reserves the right to render invoice and make shipment of the completed portion of the order to the destination specified in Purchaser's order.
(2) On the incomplete portion of the order (including work in progress), if release is not given by the purchaser at the expiration of ninety days, SPAWR Industries reserves the right to make a cancellation charge on the same conditions and terms of payment as outlined under ACancellations@ paragraph No. 5.
7. SPAWR is not liable for failure or delay of delivery due to strikes, fire, accidents, or other causes beyond SPAWR'S control.
8. Unless Customer notifies SPAWR within 5 days, from receipt of shipment, the invoice will be considered accepted by Customer and payment terms will apply.
(1) SPAWR Industries has a 30-day warranty period for defective parts. Any product returned within the 30-day period will be inspected to determine if the product has a manufacturing defect. SPAWR will assume cost for parts and labor, should the product be defective. Should the product be determined by SPAWR reserves the right to charge purchasers the full amount of parts and labor for repair. Payment terms and conditions from original invoices will apply to all products returned for said repair.
(2) Warranty, on parts returned to SPAWR, shall be considered null and void should it be determined that said parts have been altered in any way prior to return to SPAWR.
9. Any applicable sales Tax, Manufacture's Tax, or Use Tax, imposed by Federal, State or Municipal Law, is to be added to the price and assumed by the customer.
10. SPAWR Industries assumes no responsibility for infringement of proprietary technologies or patent rights of other persons when producing parts or assemblies from purchasers' designs and drawings. Purchaser guarantees to protect SPAWR Industries from such infringement liability.
MSWORD\Accounting\Forms FORM-0906, 1/2001