Standard Terms and Conditions of Sales as Seller
1Seller shall not be bound or obligated to any order, goods or services of Buyer until Seller officially acknowledges to Buyer in writing of receipt and confirmation of Buyer’s intent and all information of Buyer’s requirements, including; supplier sources, Buyer’s supplied materials, drawings, specifications, tooling, proprietary information or materials and Buyer’s financial solvency.
2Seller will build buyer’s products to buyer’s specifications. Determination of the suitability of the material to the use contemplated is the user’s responsibility.
3Minimum Order. Seller’s minimum orders that will be accepted and release to production and / or services is $1,000. Minimum order dollar amount is negotiable.
4If applicable, due to unexpected market conditions, raw material of copper, PVC plastics, Plasticizers, and components made from copper and zinc fluctuate beyond our control. When this occurs, our invoice to you will include a surcharge to cover the difference in the price quoted and the time in which the order is shipped.
5Buyer Supplied Material. Orders that requires Buyer to supply materials to Seller, Buyer will schedule its materials, components or tooling to be received by Seller three-to-four (3 to 4) weeks prior to Seller commencing work on the order. All Buyer’s supplied materials are to be sent to Seller in clearly marked packages, accompanied with packing slip of items or components.

BUYER’S PACKING SLIP IS TO INCLUDE:

1. reference to Buyer’s Purchase Order,

2. reference to Seller’s Sales Order,

3. number of packages Buyer is sending to Seller,

4. complete description, reference documents, drawings, specification sheets of materials or components,

5. material is to be kitted in like kits and material grouping,

6. Buyer is to supply to Seller enough material to complete the order, an attrition amount equal to five percent (5%) is to be sent to Seller to allow for manufacturing efficiencies,

7. Buyer’s supplied material is to be free of defects,

8. Buyer supplied materials that are received or result in Seller’s production shortages,

9. Buyer agrees to pay Seller the entire order amount.
6Shipping allowances and prices are subject to change by Seller with a 30 day notice. Increases in labor, freight and material costs before completion of contract plus applicable overhead may be invoiced to Buyer. Premium time as required by Buyer will be invoiced as and extra item. Any and all applicable fuel surcharges shall be added to the price quoted for the goods which are subject of this order (or proposal) and shall be invoiced to Buyer as an extra item. All deliveries by DSM&T trucks with orders under $2,500 will be charged $100. and orders and deliveries over $2,500 will be charge $75.
7Delivery or Performance. Unless otherwise specified on the face hereof, all deliveries are FOB point of shipment. Shipment will be made in accordance with instructions issued by Seller. Upon delivery of goods to carrier, Buyer assumes risk of all loss and damage resulting from any cause whatsoever. Shipping, delivery or performance dates are approximate and are not guaranteed. Seller reserves the right to ship and invoice for a quantity of goods which may vary up to ten percent (10%) over or under the quantity specified and Buyer agrees to accept delivery and pay for such revised quantity and consider the shipment to be complete. Partial deliveries shall be accepted by the Buyer and paid for at contract prices and terms.
8Force Majeure. Seller shall not be liable for any delay or other failure of performance due to causes beyond its reasonable control including without limitation, acts of God; acts of Buyer; acts of military or civil authorities; government regulations, orders, directives and / or restrictions; fire or other casualties; strikes; lockouts; weather; epidemic; war; riot; delays in transportation or car shortages; or inability to obtain necessary labor, materials, components, equipment, services, energy or utilities through Seller’s usual and regular sources at usual and regular prices. In any such event Seller may, with notice to Buyer, at any time and from time to time without further liability to Buyer, (a) postpone its performance under this contract, (b) make partial performance or cancel all or any portion of this contract, or (c) allocate available quantities among its customers in any manner which Seller deems reasonable. Cancellation of any part of this contract shall not affect Seller’s right to payment for performance of any other part hereof.
9All of the materials and / or equipment furnished hereunder are furnished by suppliers to Seller and therefore are warranted by Seller only to the extent of the original manufacture’s express warranty to Seller. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, INCLUDING ANY WARRANTY OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR PURPOSE AND SUPERSEDES AND EXCLUDES ANY ORAL OR WRITTEN WARRANTIES OR REPRESENTATIONS, MADE OR IMPLIED, IN ANY MANUAL, LITERATURE, ADVERTISING, BROCHURE OR OTHER MATERIALS. DSM&T warranties its product of material or workmanship for 1 year from the date of shipment / Manufacture Date Code, or Internal Documents of the product.
10Warranty- Returned Merchandise. All materials and / or equipment furnished by Seller to Buyer which requires rework or replacement REQUIRES a Return Materials Authorization (RMA) prior to any returns of products to DSM&T. Once the goods or items have been received and inspected and a cause determined,if applicable a Credit or Replacement will be authorized.
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