SHIPPING AND DELIVERY
At Accu Tech USA, reliable shipping and delivery means your product is correctly packaged and delivered FAST.
We ship with most common carriers:
Preferred Freight Carrier – Old Dominion
Most Freight Carriers
Shortest Lead Times in the industry:
Linear Guides: Standard Delivery 2 to 3 days after engineering print approval
Rolled Ball Screws: Standard Delivery 4 to 6 weeks after engineering print approval
Precision Ground Ball Screws: Standard Delivery 6 to 8 weeks after engineering print approval
Expedited Ball Screw Service: 2 weeks – Premium Cost
Emergency Service – Contact Us
Inventory is warehoused in these strategic locations:
North Carolina (Raleigh) for East coast distribution
Texas (Dallas) for Mid-West and West coast distribution
Options Include, but are not limited to:
Kan Ban solutions
Bar code labeling
Drop ship to all NA locations
Contact Us for all of your shipping, packaging, handling, delivery and special inventory solution
TERMS OF SALE
- OFFER AND ACCEPTANCE: Each purchase order (a “Purchase Order”) for goods and/or services (“Goods” and/or “Services,” as applicable) constitutes an offer by Buyer to purchase from Accu-Tech USA, Inc. (“Seller”) Goods and/or Services identified on a Purchase Order, and Buyer shall consider its offer accepted by Seller upon either receipt of a written acknowledgement from Seller that Seller accepts Buyer’s Purchase Order, or Seller’s commencement of performance to fulfill Buyer’s Purchase Order. Each Purchase Order for, and the sale of, Goods and/or Services is expressly subject to the terms and conditions herein and the provisions of Seller’s invoices (collectively, the “Terms and Conditions”), notwithstanding the existence of any different, additional or inconsistent term found in a Purchase Order made by Buyer, or any other written or oral communication between the parties. This Agreement shall not be deemed modified, superseded or amended by any term or provision proposed by Buyer or contained in any Purchase Order or other written material provided by Buyer; provided however that any terms contained in a Purchase Order that are related to price, quantity or specifications of the Goods or Services shall also be enforceable with respect to that particular Purchase Order. By submitting a Purchase Order to Seller, Buyer agrees to be bound by the Terms and Conditions.
- PRICES AND PAYMENT: Promptly after delivery, Seller shall provide a written invoice to Buyer, which invoice shall set forth the price of the Goods and/or Services sold under the applicable Purchase Order. Unless otherwise expressly agreed in a writing signed by an authorized representative of Seller, the price for the products shall be Seller’s price in effect for such products on the date of shipment. If there is any disagreement between the parties with respect to the price of Goods and/or Services stated in the invoice, Buyer shall provide Seller with written notice of such disagreement no later than 10 days after Buyer’s receipt of such invoice, and the parties shall resolve the disagreement in accordance with Section 14 below. Payment is to be made to Seller at its principal place of business stated in the invoice on or before the due date stated in the invoice.
- DELIVERY, FORCE MAJEURE AND LIMITATION OF LIABILITY FOR DELAY: All shipments are F.O.B. Seller’s facility unless otherwise provided on Seller’s Purchase Order. All risk of loss shall pass to Buyer when the Goods are delivered to Buyer or the carrier at Seller’s facility or otherwise leave the care, custody and control of Seller. Shipping and delivery dates are approximate and are based on prompt receipt of all necessary information from Seller. Seller shall not be liable for any delays or defaults hereunder by reason of accident, fire, flood, weather conditions, acts of God, acts of Buyer, labor troubles, delays or defaults by suppliers, subcontractors or carriers, inability to secure materials, components, fuel or labor, acts of government or other similar or dissimilar causes beyond its reasonable control. Whether or not any delay or default is so excusable, Seller shall not be liable for any damages of any kind whatsoever, whether direct, indirect, incidental, special or consequential, including, without limitation, any damage or injury to person or property, lost sales or profit or increased cost or expense, resulting, directly or indirectly, from delay in delivery or failure to manufacture.
- CANCELLATIONS AND CHANGES: Cancellations or changes by Buyer may only be made with Seller’s prior written consent, and any such cancellation or change, even if consented to by Seller, is subject to payment of cancellation charges or other equitable adjustment to cover any increased cost or expense or loss of profit thereby incurred by Seller. Without limiting the foregoing, any request for a decrease in scheduled quantities must be received by Seller in writing at least 90 days prior to the scheduled delivery date. Thereafter, no reduction in quantity will be permitted and payment in full must be made for the full quantity scheduled.
- RETURNS OF MERCHANDISE FOR CREDIT:
- No returned Goods will be accepted unless Buyer has first received written authority from Seller.2 Requests for return of Goods must be made within six months from date of purchase.5.3 No Goods which have been made specially will be accepted for return.5.4 No returned Goods will be accepted for credit unless they are in saleable condition.5.5 Transportation charges must be prepaid on all return shipments. Goods shipped collect will not be accepted from the carrier.5.6 All credits issued will be at the lower of current or purchase price, less a 10% handling charge.5.7 Return Goods must be accompanied by a packing slip showing in detail the list of the Goods and the date of the letter authorizing their return.
- SELLER’S REMEDIES:
The rights and remedies set forth herein shall be cumulative and in addition to any other or further rights or remedies available at law or in equity. In the event Buyer fails to make any payments when due to Seller, and does not cure its late payment on or before the 30th calendar day from the payment due date (a “Delinquent Account”), then Seller may take any or all of the following actions:
- require that any and all of Buyer’s accounts with Seller are immediately due and payable;2 suspend further shipment or performance of goods and/or services ordered by Buyer until Buyer remits to Seller all payments required to correct the Delinquent Account and place it in good standing;6.3 charge interest on the Delinquent Account at the rate of 10% per month, or the maximum rate of interest allowed under the laws of North Carolina, until Buyer remits to Seller all payments required to correct the Delinquent Account and place it in good standing.
- COSTS AND FEES: In the event Seller is required to commence an action to collect on any Delinquent Account and obtains a final, nonappealable judgment or decision in its favor, then Buyer shall pay, on demand, to Seller all reasonable costs and expenses, including, without limitation, all reasonable attorneys’ fees, expenses and court costs, incurred in connection with the collection of all past due accounts.
- TAXES: All sales, use, excise, or other tax payable as the result of this sale, use or installation, shall be paid by Buyer, and Seller may add any such tax to the price quoted herein, and collect and remit any such tax to the proper taxing authority, unless an acceptable exemption certificate is provided in accordance with applicable law.
- WARRANTY, DISCLAIMER, LIMITATION OF LIABILITY AND BUYER’S REMEDY:
9.1 Seller warrants its Goods sold hereunder to be free from defects in material and workmanship under normal use for a period of 12 months from the date of shipment by Seller provided that the Goods shall not have been altered or repaired after shipment to Buyer by anyone except Seller’s authorized employees. Goods manufactured by a third-party subcontractor and furnished to Buyer by Seller are not covered by the warranty set forth in the immediately preceding sentence, but are limited to the original manufacturer’s warranty to the extent such warranty is assignable and can pass through to Buyer. If, for any reason, the original manufacturer’s warranty cannot be assigned to Buyer, the warranty set forth in the first sentence of this Section 9.1 shall apply. All claims against Seller for any shortage of delivered Goods, damage or defect caused by Seller with respect to goods shipped to Buyer must be made to Seller in writing no later than 15 calendar days from discovery, but in no event later than 30 calendar days from the date of delivery, otherwise such claim will be waived by Buyer. All shipping materials must be kept for inspection by carrier. Buyer shall give Seller an opportunity to make an investigation and inspection of any asserted shortage, damage or defects before Seller is obligated to cure the shortage, damage or defect in accordance with this Section 9. EXCEPT FOR THE FOREGOING, IT IS EXPRESSLY AGREED THAT NO WARRANTY OF MERCHANTABILITY, NOR ANY OTHER WARRANTY, EXPRESS OR IMPLIED OR STATUTORY, IS MADE BY SELLER HEREUNDER. SELLER’S ENTIRE AND EXCLUSIVE LIABILITY, WHETHER FOUNDED ON WARRANTY, CONTRACT, NEGLIGENCE OR OTHERWISE, AND BUYER’S EXCLUSIVE AND SOLE REMEDY IS LIMITED TO REPAIR OR REPLACEMENT OF DEFECTIVE GOODS, F.O.B. SELLER’S FACTORY, OR AT SELLER’S OPTION THE RETURN OF THE PURCHASE PRICE. SELLER SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE OR INJURY TO PERSON OR PROPERTY, LOSS OF SALES OR PROFIT OR INCREASED COST OR EXPENSE. Seller shall not accept the return of any Goods as a result of shortage, damage or defect without Buyer’s accurate completion of a Customer Return Materials Authorization form provided by Seller to Buyer.9.2 Buyer acknowledges that Seller has no control over, and is not responsible for the manner in which the Goods will be used by Buyer and/or Buyer’s customers once the Goods have left Seller’s facility. Buyer therefore agrees to assume any and all liability for any bodily injury or property damage directly or indirectly caused by the installation, maintenance, use and/or operation of the Goods once the Goods have left Seller’s facility. Buyer shall indemnify and hold Seller harmless for and against any and all actions, claims or demands arising out of or in any way connected with the installation, maintenance, use or operation of the Goods.
- PATENT INDEMNIFICATION: Seller shall not be liable for the infringement or claimed infringement of any patent arising out of the manufacture, sale or use of any Goods made in accordance with any or all designs, drawings, formula or other specifications furnished by Buyer, and BUYER AGREES TO DEFEND AND HOLD SELLER HARMELSS AGAINST ANY AND ALL CLAIMS, DEMANDS OR JUDGMENTS THEREFOR. In the event Seller is held liable to Buyer by a court of competent jurisdiction issuing a final, unappealable order in any action or other proceeding for any claim of patent infringement in which Seller is joined as an indispensable or necessary party, Seller’s liability to Buyer shall not exceed the purchase price of the Goods and/or Services giving rise to the action or other proceeding.
- NO OBLIGATION TO STOCK SPARE OR REPLACEMENT PARTS: Seller reserves the right to discontinue or modify any line or type of Good or Service at any time without liability except to refund any sums already paid by Buyer for the undelivered portion of such Goods. SELLER SHALL HAVE NO OBLIGATION TO STOCK OR SUPPLY REPLACEMENTS OR PARTS FOR THE GOODS IT SELLS.
- OVER/UNDER SHIPMENTS: Seller reserves the right to over or under ship the amount of Goods ordered under a Purchase Order by 5% or less.
- WAIVER: Waiver by Seller of a breach by Buyer of any provisions of this agreement shall not be deemed a waiver of future compliance therewith, and such provisions, as well as all other provisions hereof, shall remain in full force and effect.
- DISPUTE RESOLUTION:
- Neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within three weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, either party may request that the American Arbitration Association, in Wake Forest, North Carolina appoint a mediator from the mediators known to it. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect.2 If the mediator has issued the written statement referred to above, the aggrieved party may then seek relief through arbitration in Wake Forest, North Carolina, administered by the American Arbitration Association under its commercial arbitration rules. The arbitrator(s) shall decide all questions presented in the dispute, shall base the award on applicable laws and judicial precedent and include in such award a statement of the reasons upon which the award is based. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof and such judgment shall be final, binding and non-appealable.14.3Nothing herein shall prevent either party from obtaining injunctive relief without mediation or arbitration.14.4 The fees and expenses of the mediator shall be paid equally by the parties. The prevailing party in any arbitration, litigation, administrative proceeding or appeals arising out of this agreement shall recover its expenses and costs, including reasonable attorney’s fees, from the non-prevailing party or parties.
- ENTIRE AGREEMENT: The Terms and Conditions shall be construed and enforced according to the domestic substantive laws of the State of North Carolina without giving effect to any choice or conflict of laws provision or rule that would cause the application of the domestic substantive laws of any other state.
- ASSIGNMENT: Buyer may not assign any rights hereunder without first obtaining the written consent of Seller.
- SEVERABILITY: If any provision of the Terms and Conditions or the application thereof to any person or circumstance is held illegal, invalid or unenforceable by any court of competent jurisdiction, the other provisions of the Terms and Conditions shall remain in full force and effect. To the extent legally permissible, any illegal, invalid or unenforceable provision of the Terms and Conditions shall be replaced by a valid provision that will implement the commercial purpose of the illegal, invalid or unenforceable provision.
- RELATIONSHIP OF THE PARTIES: Seller and Buyer are independent contracting parties and nothing herein or elsewhere shall make either party the agent, partner, employee, co-venturer, or legal representative of the other, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other.
- NOTICE: Notices issued by either party pursuant to a Purchase Order shall be to the addresses stated in the Purchase Order and may be sent electronically.
- ENTIRE AGREEMENT: The Terms and Conditions supersede any different, additional or inconsistent language, terms and conditions in Buyer’s order or in any other communication between Seller and Buyer, notwithstanding any statement by Buyer’s in any Purchase Order or other written material provided by Buyer to the contrary. The Terms and Conditions may not be modified, rescinded or terminated, in whole or in part, except by express agreement in a writing signed by the parties, or an authorized representative of each party. No e-mail, SMS, MMS or IM from Buyer shall modify any of the Terms and Conditions unless accompanied by an independent attachment containing a document signed by both parties, specifically referencing the Terms and Conditions and the intent to so modify.
PURCHASE TERMS AND CONDITIONS
ACCEPTANCE: Unless otherwise agreed in writing by the parties, Seller will be deemed to agree to the terms and conditions set forth below if it ships the products or performs the services described in the purchase order, or acknowledges or confirms receipt of the accompanying purchase order. Any different or additional terms that may be contained in Seller’s acknowledgment, confirmation, invoice or any other communication made in response to the purchase order are hereby objected to unless Buyer agrees otherwise in writing. Buyer’s silence or acceptance of any products shipped or services performed shall in no event be deemed acceptance by Buyer of any term contained in Seller’s acknowledgment, confirmation, invoice or other communication made in response to the purchase order.
QUANTITY; PRICE: The purchase order must not be filled in greater quantities or at prices higher than shown without written approval of an authorized representative of Buyer. If the price is not shown on the purchase order, it is agreed that Seller shall furnish at a unit price no higher than the unit price at which Buyer last purchased such products from Seller, unless a different price is expressly approved in writing by an authorized representative of Buyer. Seller’s acceptance of the purchase order shall constitute a warranty to Buyer that the prices agreed upon do not exceed any applicable maximum ceiling prices established by any governmental regulations.
OTHER TERMS OF PURCHASE: Unless otherwise specified on the purchase order, packaging, drayage, delivery and payment terms are as set forth on the purchase order. Time is of the essence and Seller shall comply with any shipment dates and delivery schedules specified on the purchase order without undue delay. Seller shall notify Buyer promptly if any delay in delivery is anticipated. All products delivered by Seller shall be subject to Buyer’s right of inspection and rejection.
CHANGES TO ORDER: Buyer may at any time, by written notice to Seller, make changes to the (1) drawings, designs or specifications, (2) quantities, (3) method of shipment or packing or (4) place of delivery specified in the purchase order. If any such change affects the time or cost of performance, an equitable adjustment shall be promptly made in the delivery schedule or the purchase price, or both, by written agreement of the parties. Nothing herein shall excuse Seller from proceeding with the purchase order as changed.
RISK OF LOSS; REJECTION: Unless otherwise specified on the purchase order, all damage or loss to the products covered hereby shall be at Seller’s risk until such products are received by Buyer from the last carrier or shipper. Buyer reserves the right to reject any shipment or delivery or portion thereof that does not conform to the purchase order within a reasonable time after the nonconformity is discovered, whether before or after receipt thereof or payment therefor, and at Seller’s risk and expense, may return for full credit any products so rejected.
FORCE MAJEURE: The purchase order is subject to modification or cancellation by Buyer without cost to Buyer in the event that fire, accidents, labor disputes, wars, government acts, terrorist acts or any other conditions beyond the Buyer’s control affect the purchase hereunder.
BUYER’S PROPERTY: All materials furnished by Buyer shall be carefully maintained and insured by Seller while in Seller’s possession, as Seller shall be deemed an insurer of Buyer’s property while it is in Seller’s possession, and said property shall not be used by Seller in connection with the manufacture of any products not ordered by Buyer, and shall be returned to Buyer at its request. Seller shall keep adequate records of all materials furnished by Buyer and upon request shall account therefor to Buyer in writing. Unless otherwise authorized by Buyer in writing, Seller shall treat all materials and information, including data, drawings, specifications and any other type of information furnished by Buyer as confidential, maintain appropriate procedures to preserve the confidential nature thereof and make no use directly or indirectly of any such information without Buyer’s prior written consent. Upon completion, cancellation or termination of the purchase order, Seller shall return all such property to Buyer.
INSURANCE; LIENS: Seller shall maintain commercial general liability insurance and statutory workers’ compensation and employer’s liability insurance, each in scope and amount satisfactory to Buyer and shall furnish Buyer with satisfactory evidence thereof upon request. All such insurance shall (1) cover all services provided by Seller to Buyer in connection with the purchase order, whether at the premises of Seller, Buyer or any of Buyer’s customers, (2) name Buyer as an additional insured (except for the workers compensation insurance), (3) provide waiver of subrogation in favor of Buyer, and (4) be primary over any other insurance available to Buyer or any self-insurance program of Buyer. If any such services are performed at the premises of Buyer or any of Buyer’s customers, Seller shall keep such premises free and clear of all mechanics liens, and furnish Buyer with proper affidavits and/or waivers certifying thereto upon request.
COMPLIANCE WITH LAWS: Seller shall comply with all applicable federal, state and local laws and codes in performing its obligations hereunder and, if any services are performed by Seller at the premises of Buyer or any of Buyer’s customers in connection with the purchase order, Seller shall comply with all safety rules and regulations in effect at such premises. Seller specifically represents that the products and services provided hereunder shall comply with the Fair Labor Standards Act of 1938, as amended.
WARRANTIES: SELLER WARRANTS TO BUYER AND BUYER’S CUSTOMERS THAT ALL PRODUCTS AND SERVICES PROVIDED UNDER THE PURCHASE ORDER WILL BE FREE FROM DEFECT OF MATERIALS OR WORKMANSHIP, WILL BE FIT AND SUFFICIENT FOR THE PURPOSE INTENDED, WILL BE MERCHANTABLE AND WILL CONFORM STRICTLY TO THE TERMS, CONDITIONS, SPECIFICATIONS, DRAWINGS OR SAMPLES SPECIFIED OR FURNISHED BY BUYER PURSUANT TO THE PURCHASE ORDER. The warranties described in this paragraph shall be in addition to those implied or available at or under any applicable law and shall exist notwithstanding the acceptance by Buyer of all or part of the products or services with respect to which such warranties are applicable.
INTELLECTUAL PROPERTY: SELLER WARRANTS THAT BUYER’S PURCHASE, USE OR SALE OF THE PRODUCTS OR SERVICES FURNISHED UNDER THE PURCHASE ORDER, EITHER IN THE FORM IN WHICH SUPPLIED OR IN COMBINATIONS ACCORDING TO SELLER’S SPECIFICATIONS AND RECOMMENDATIONS, WILL NOT INFRINGE UPON ANY FEDERAL, STATE, LOCAL, FOREIGN, INTERNATIONAL OR MULTINATIONAL PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR SIMILAR INTELLECTUAL PROPERTY RIGHT. SELLER AGREES TO DEFEND, PROTECT, INDEMNIFY AND HOLD HARMLESS BUYER, BUYER’S CUSTOMERS AND THEIR RESPECTIVE EMPLOYEES AND AFFILIATES AGAINST ALL CLAIMS OF INFRINGEMENT OF ANY SUCH INTELLECTUAL PROPERTY RIGHT ARISING OR RELATING IN ANY WAY TO THE MANUFACTURE, PURCHASE, USE OR SALE OF THE PRODUCTS OR SERVICES FURNISHED UNDER THE PURCHASE ORDER AND AGAINST ANY AND ALL JUDGMENTS FOR OR AWARDS OF DAMAGES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) SO INCURRED.
SURVIVAL OF WARRANTIES: All of the covenants, warranties and representations contained herein shall survive the performance of the purchase order by Buyer and Seller, including without limitation, delivery of the products ordered or services performed hereunder, and the payment therefor.
DEFAULTS, RIGHTS AND REMEDIES: If (1) Seller should become insolvent, make an assignment for the benefit of its creditors, (2) a bankruptcy, insolvency, reorganization or arrangement proceeding should be commenced by or against Seller, (3) Seller should be unable to pay its debts as they mature, (4) Seller should fail to supply adequate assurances of due performance of this order within ten days after a written request by Buyer for such assurances, (5) any financial or other circumstances should exist that, in the opinion of Buyer, could prevent or delay the due performance by Seller under this order or (6) Seller fails to timely perform any of its obligations under the purchase order, then Buyer may, at its option, declare Seller in default under this order. In such event, Buyer may, at its option, exercise any or all of the following remedies in addition to any other rights or remedies available to it at law or in equity:
a) Cancel all or any part of this order without incurring any liability thereby.
b) Recover all loss, damage and expense sustained by it, directly, indirectly or consequentially, as the result of any such default.
INDEMNIFICATION: SELLER SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND BUYER, BUYER’S CUSTOMERS AND THEIR RESPECTIVE EMPLOYEES AND AFFILIATES FROM ALL LIABILITY, LOSS, DAMAGE OR INJURY TO PERSON (INCLUDING EMPLOYEES AND AGENTS OF SELLER) OR PROPERTY IN ANY MANNER ARISING OUT OF OR INCIDENT TO THE PERFORMANCE OF THIS CONTRACT.
NOTICE OF LABOR DISPUTE: Whenever an actual or potential labor dispute threatens to delay performance of the purchase order, Seller shall immediately give notice of such to Buyer.
MODIFICATION; WAIVER: No modification of any provision herein shall be binding upon Buyer unless contained in writing and signed by an authorized representative of Buyer. Buyer’s failure to insist upon strict performance of any term or condition set forth herein shall not be deemed a waiver of any rights or remedies that Buyer shall have and shall not be deemed a waiver of any subsequent breach of the same or any other term or condition hereof. Shipping or receiving of any article under this order shall not constitute a waiver of any right of Buyer hereunder or of any obligation of Seller to comply with any of the provisions hereof.
ASSIGNMENT: Neither this agreement, the performance thereof nor any interest therein or claim thereunder shall be assigned or transferred without the prior written consent of Buyer.
GOVERNING LAW: This contract shall be construed and enforced according to the domestic substantive laws of the State of Ohio without giving effect to any choice or conflict of laws provision or rule that would cause the application of the domestic substantive laws of any other state. If any provision of this order declared unlawful or invalid, the remaining provisions shall nevertheless continue in full force and effect.
ENTIRE AGREEMENT: These terms and conditions and the provisions on the purchase order to which these terms and conditions are attached constitute the sole and entire agreement between Seller and Buyer, and shall govern exclusively as to the sale and delivery of any products or services to Buyer. All prior communications, representations, negotiations and promises with respect to this sale are deemed to be merged herein.