Acculam ~ Domestic Selling Policy

Terms and Conditions

Acceptance of any order or contract by Accurate Plastic, Inc. acknowledgement or commencement of performance is expressly conditional on purchaser's assent to the terms and conditions below even though no reference may be made thereto at time of acceptance. Acculam expressly objects to any additional or different terms than those set forth herein. Unless otherwise modified in writing, the terms and conditions below apply and supersede all prior or contemporaneous representations, discussions, correspondence or agreements between the parties.

Prices

Prices shown in this guide represent the Manufacturer's Recommended Selling Price. Acculam has a minimum invoice of $75.00. Orders for less than the minimum invoice amount will be charged a $20.00 small order charge or $75.00, whichever is less. In addition to the minimum invoice amount, some items in this catalog have individual dollar minimums that are stated on the applicable page. Standard as well as nonstandard sizes are often subject to these minimums. Set-up charges, clean-up charges, and/or packaging charges may also be charged on items. Prices charged will be those in effect at time of shipment. Prices are subject to change without notice.

Freight

Prices shown in this guide represent the Manufacturer's Unless otherwise agreed in writing, all shipment are F.O.B. Shipping Point. Acculam will determine the point of origin of shipment, the method of transportation, and the routing of shipment. All freight charges are the sole responsibility of the purchaser. Purchasers requesting shipment by a method other than that of Acculam selection will be billed for any additional charges incurred. Acculam, when possible, will attempt to make shipments by the routing requested by the purchaser, but makes no guarantee.

Loss, Damage or Delay

Shipping dates are approximate and are based on prompt receipt of all necessary information and approvals from the purchaser. Acculam shall not be liable for failure to perform or for delay in performance due to fire, flood, strike, or other labor difficulty, acts of God, act of any governmental authority or of the purchaser, riot, embargo, car shortage, wrecks or delay in transportation, inability to obtain necessary labor, materials or manufacturing facilities from usual sources or due to any other cause beyond its reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time of completion will be postponed by such length of time as may be reasonably necessary to compensate for the delay.

Payment

Terms of payment are net within thirty (30) days (to approved credit) from date of invoice. If payments are not made in accordance with these terms, without prejudice to any rights of Acculam including the right to immediate payment, a service charge will be added to the account of purchaser in an amount equal to the lesser of 1-1/2%: per month or fraction thereof or the highest rate permitted by law on the unpaid balance.

To obtain credit you must provide the following current credit information: 1) one bank reference including account number, branch and telephone number, 2) three current trade references including addresses and telephone numbers. In the event of credit refusal, orders will require (at the discretion of Acculam) payment in advance or cash on delivery.

Failure to provide required information or cash in advance will delay order processing and shipment.

Change in Payment

If, in the judgment of Acculam, the financial condition of the purchaser at any time during the manufacturing period or at the time the product is ready for shipment, does not justify the terms of payment specified (other than payment in advance), Acculam may require full or partial payment in advance.

If shipments are delayed by the purchaser, payments shall become due from date when Acculam is prepared to make shipment. If manufacture is delayed by the purchaser, payment shall be made based on the contract price and percent of completion and purchaser shall reimburse Acculam for any additional costs resulting from such delay. Products held for the purchaser shall be at the risk and expense of the purchaser.

Taxes

The prices do not include any Federal, state or local property, license, privilege,sale, use, excise, gross receipts or other like taxes which may now or hereafter by applicable to, measured by or imposed upon or with respect to the transaction, the property, its sale, its value or its use, or any services performed in connection therewith. Purchaser agrees to pay or reimburse any such taxes Acculam is required to pay.

Returns

No returns will be accepted by Acculam without proper authorization. Authorization and shipping instructions for the return of any product must by obtained in writing from Acculam All returns are subject to a 20% restocking charge or $35.00, whichever is greater. Product must be returned with complete identification in accordance with Acculam instructions or it will not be accepted. Products must be in marketable condition upon receipt by Acculam Purchaser will be charged for any outgoing and incoming transportation paid by Acculam Custom made-to-order items and non-standard items are non-returnable. In no event will Acculam be responsible for product returned without proper authorization.

Claims

Claims for damage or shortage or any other reason must be made within 30 days from the date invoiced.

Cancellation

Any order may be canceled only on written notice. Cancellation charges will be charged to purchaser at the time of cancellation for all expenses incurred by Acculam

Limitation of Liability

Acculam, its subcontractors and suppliers of any tier, shall not be liable in contract, in tort (including negligence or strict liability) or otherwise for damage or loss of other property or equipment, loss of profits or revenue, loss of use of equipment, cost of capital, cost of temporary equipment (including additional expenses incurred in using existing facilities), claims of customers of the purchaser, or for any special, indirect, incidental, or consequential damages whatsoever. The remedies of purchaser and the liability of Acculam shall not exceed the price of the product or part on which such liability is based.