1. Payment and Shipping Conditions. Condition duration of 30 days.
The shipping terms will be F.O.B. for national shipments. (Mexico)
Ex-Works México is used only for the international market, this means that the price does not include fleet, insurance, cost of product according to the company, risks, taxes, customs fees, etc.
It should be specified if any other commercial terms included (INCOTERMS).
2. Property and Losses. The ownership of the product will pass to the customer once the full and complete payment is received. Notwithstanding, all risk of losses is assumed by the vendor from the moment that it is given to the transport company.
3. Tools. The charges that are occasionally added for tools, molds, and other equipment, only cover a fragment of their cost, the intellectual property rights, and the exclusive ownership rights and the use of these do not become property of the buyer, they remain the vendor’s property.
4. Cancellation. The vendor reserves the right to cancel an order or refuse the shipment of an order if the buyer:
a) Remains in debt for any payment or failure to comply with any previous agreement reached by both parties.
b) Has strike setback, becomes or has a petition for bankruptcy that can affect the vendor’s interests.
c) Mishaps that make it impossible to guarantee a speedy execution. If the order cannot be completed by the vendor, the buyer can opt to cancel the rest of the order, with the permission of the vendor, in which case no extra charges of cancellation will be applied.
d) If the client wishes to cancel an order of reasons that differ from the previously stated ones, a cancellation fee will be applied, this fee being 10% of the total order. The cancellation fee will not exceed the price of the cancelled part of an order.
5. Price. The vendor reserves the right to correct the quantities or prices due to typographical, management, or mathematical errors.
The price indicated in the quote made by the vendor is based on actual costs. If the prices go up in the duration of the quote, the buyer will be notified of any adjustments to the price before they complete the order. If the buyer completes the order with the price of a current quote, that price will be respected.
6. Delivery. The delivery dates are approximate. The vendor is not responsible for any delay or incompletion of a delivery or production due to causes that are unforeseeable, including weather, off days, war or civil unrest, fires, strikes, natural catastrophes, shipping delays, or the delay in procuring raw material. The vendor will not be held responsible for any special damages, directly or indirectly caused by delays in delivery, regardless of the cause. The delivery dates will be approximate with a two week tolerance.
7. Limited Guarantee. The vendor guarantees that their products are free of defects in material or labor for a year following their original delivery. The vendor undertakes the responsibility for repairs or exchange for any product during this one-year guarantee period, free of charge. In case of not being able to fulfill this guarantee, the full payment for the product will be made through a medium specified by the vendor. No returns without the permission of the vendor. This is the only guarantee made by the vendor.
Without conflicting with the previous statement, in no case will the vendor be held responsible for losses incurred through the use of the product or any other type of losses incurred through defects in the design or manufacture of the vendor, third parties, the losses that the vendor will recognize may not exceed the price that the buyer assumed for the product.
8. Respect the Warnings. In those cases that the vendor sees fit to include health or safety warnings, and/or instructions for installation, use, or maintenance, included in the preemptive maintenance for their products (the vendor does not assume the obligation to do so), the buyer is obliged to follow these instructions and warnings. The buyer is also expected to communicate all the information, warnings, and instructions to their employees, agents, subcontractors, and future buyers and users of these products.
9. Repairs, lapping, and polishing. The buyer is not responsible for the deterioration, damage, or fracture of any of the products to be polished, lapped or repaired, since these can arrive structurally damaged.
The guarantee offered with repairs is that of a new seal, since all the damaged parts will be replaced.
In case of lapping and polishing, the concept of guarantee is void, since no parts are being replaced and only the reparation is guaranteed.
10. Confidentiality. All technical and commercial information and the ideas that the vendor has given or will give to the buyer, excluding the information that is public domain or is in tangible possession of the buyer before receiving said information from the vendor (“confidential information”) is property of the vendor and will be given to the buyer under supposition that it is for the sole use of evaluation or use of the sold products. The buyer cannot, without the previous written consent of the vendor, reveal or allow the use of this confidential information to third parties.
11. Incomplete products (complaints). Complaints of incomplete products must be made within 5 days of delivery. All other complaints must be made within 30 days of the shipping date.
12. Patents. The buyers is subject to cover all losses incurred by the vendor as a result of lawsuits, patents, designs, commercial secrets, copyrights, or commercial brands regarding products manufactured partially or completely through the designs and specifications of the buyer, including any cost, expenditure, loss, lawyer’s fees, liquidation payment, or damages.