WARRANTY PERIOD

Products produced by Precision Fabrication Corp are warranted for 14 days from the date of delivery.

Customers are required to perform a quality control inspection and return warranted products to Precision Fabrication within 14 days from the date the products were received from Precision Fabrication.

WARRANTY LIMITATIONS

Precision Fabrication’s warranty obligation is limited to the repair or replacement (at Precision Fabrication’s discretion) of any defective part.

No allowance will be granted for any repairs or alterations made by the purchaser, without
Precision Fabrication’s consent, or for damage caused (in Precision Fabrication’s opinion) by malicious action, errors in customer’s drawings, specifications or instructions, negligence, damage in transit, or from damages caused by natural disasters, fire, arson, or civil unrest. Precision Fabrication reserves the right to charge for parts and services not covered by the warranty.

Precision Fabrication stipulates that it cannot be held liable for issues regarding slight variations in the parts supplied.

Precision Fabrication stipulates that it cannot be held liable for issues regarding substrate suitability or the suitability of Precision Fabrication products to meet specific customer requirements for part finish.

Precision Fabrication stipulates that it does not warrant any costs associated with part finishing, assembly or transportation after the part has been delivered or received by the customer. Customers are required to inspect parts prior to surface finishing and/or assembly. Defective parts that are returned for rework, after a surface finish has been applied, will be repaired or replaced (at Precision Fabrication’s discretion) but no allowance or credit will be made to repair or replace the surface finish on repaired or replaced parts.

Warranty extends to original purchaser only.

Customers are responsible for all costs associated in returning defective parts for rework or replacement and for pick up or shipping costs associated with receiving the reworked or replacement parts from Precision Fabrication.

Precision Fabrication does not offer on-site warranty services.

PRODUCT KIND AND QUALITY

Precision Fabrication warrants that their products shall be of the kind and quality typically produced using fabrication laser, turret punch press, press break, shear, saws, misc. fabrication equipment and welding and no other warranty or condition shall be implied. If any failure to comply with described product kind or quality appears, within the warranty period from date of delivery, the purchaser shall notify Precision Fabrication thereof immediately. Precision Fabrication shall thereupon correct the defect by repair or replacement of the defective part, F.O.B. Nokomis, Florida.

SPECIFICATION CHANGES

Specification changes, requested by the customer, may result in additional costs to the customer beyond the price originally quoted.

Parts currently in process, when customer requested changes are received, will either be scrapped or reworked to conform to the requested changes (at Precision Fabrication’s discretion) and the customer will be charged for the partially completed parts or for the rework costs.

PRODUCT LIABILITY

The liability of Precision Fabrication, arising from the parts and/or assemblies produced by Precision Fabrication, or their uses, shall not, in any case, or under any circumstances, exceed the cost of accepting the products F.O.B. Nokomis, Florida for repair or replacement (at Precision Fabrication’s discretion).

Upon expiration of the warranty period, all such liability shall terminate.

DELAYS BEYOND CONTROL

Precision Fabrication shall not be liable for loss, damage or delay resulting from causes beyond its’ control; nor because parts and/or assemblies produced to customer specifications can not be adapted to the particular purpose of the purchaser. Receipt of the parts and/or assemblies, produced by Precision Fabrication, by the purchaser upon its’ delivery shall constitute a waiver of all claims for loss or damage.

SHIPPING, DOMESTIC

Prices are quoted F.O.B. Nokomis, Florida, unless otherwise specified in the quotation.

INSURANCE & SHIPPING DAMAGES

When shipped F.O.B. Nokomis, Florida, Precision Fabrication specifies that it cannot be held liable for any damages caused to products while in transit.

Precision Fabrication strongly recommends that customers insure all shipments.

Precision Fabrication accepts no liability for parts, assemblies and/or equipment, shipped by the customer, to Precision Fabrication, that is lost or damaged in shipment.

Customers are solely responsible for proper packaging of equipment, parts, tooling and/or supplies shipped to, or returned to, Precision Fabrication.

DRAWINGS

Drawings and specifications, provided by customers are required to provide all necessary information for the accurate quotation and manufacture of the parts and/or assemblies by Precision Fabrication. Missing, inaccurate or improperly displayed or unclear information provided in drawings and/or specifications may result in parts and/or assemblies being deemed unusable.

Precision Fabrication accepts no liability for unusable parts and/or assemblies manufactured using inaccurate and/or incomplete drawings and specifications provided by the customer.

Customers agree to pay, in full, for parts manufactured that are unusable due to inaccurate and/or incomplete drawings and specifications provided by the customer.

TERMS AS TO PAYMENT

(a) Walk in customers are required to pay 50% before an order will be accepted and the balance when the order is picked up. Walk in customer orders are limited to a maximum value of $500.00.

(b) Customers without established credit with Precision Fabrication will pay 100% of the quoted price for all orders when the order is placed.

(c) Customers with established credit with Precision Fabrication will pay 100% of the quoted price for all orders within 30 days of the delievery of the order.

(d) A service charge of one and a half percent (1.5%) per month shall be made on all balances outstanding beyond thirty days, unless otherwise specified within the quotation.

(e) Payments on account shall be applied firstly against service charges; secondly against the price of products sold hereunder

(f) Until the entire contract price is paid in full, the goods described in this contract shall be at the purchaser’s risk and ownership thereof shall remain with the seller.

(g) Should the customer default on any payment under this agreement, or if the customer is in breach of any covenant contained herein, the entire balance shall become immediately due.

ACCEPTANCE BY PRECISION FABRICATION

Precision Fabrication quotations are void unless accepted within thirty (30) days from the submission date of the quotation. If the quotation is accepted by the purchaser, it shall constitute an order on
the part of the purchaser, but will not become binding on the part of Precision Fabrication until it is approved by an executive officer of Precision Fabrication.

Precision Fabrication reserves the right to correct or cancel any quotation that contains errors in product descriptions, tolerances, materials, delivery scheduling and/or pricing. Corrected quotations may be resubmitted to customers for approval and finally acceptance of the order.

ACCEPTANCE BY CLIENT

Precision Fabrication stipulates that these terms of sale shall be deemed to be valid and in force should the customer proceed with their order. Proceeding with the order shall be construed as a confirming action of a valid quotation and acceptance of the current Precision Fabrication “Terms of Sale & Warranty Agreement”.

TAXES

Any applicable taxes from any authority, federal or state/provincial shall be extra to quoted price, and will be paid by the purchaser.

CANCELLATION & STORAGE

Orders based on this agreement will be accepted with the express understanding that, in the event of a request to cancel or postpone any part of this order, the customer will pay the following costs:

(a) Work in process that is less than 7 days from completion will be paid for in full and shipments accepted.

(b) Any order for which raw materials have already been ordered but has yet to start the manufacturing process will be paid for on the basis of Precision Fabrication’s full cost plus 15%.

(c) 100% of the retail price of all special tooling, non-standard materials, options, accessories and/or software purchased, manufactured or developed to meet customer requirements.

(d) Storage costs will be billed for all orders that have been partially or fully completed and the customer has delayed or postponed acceptance of the order. Storage fees will begin to accrue one week after the scheduled delivery/pick up date for the order.

ABANDONED MATERIALS

Any order, material, product or part, of any description, provided by any customer, will be considered abandoned if it has not been retrieved by the customer within 30 days.

Precision Fabrication reserves the right to sell, scrap or otherwise dispose of all items abandoned on Precision Fabrication property.

Customers understand and accept that they will have no legal or financial recourse against Precision Fabrication for disposing of abandoned property.

SUPREMACY OF TERMS

Precision Fabrication stipulates that in all cases, these terms and conditions will supersede any and all alternate terms provided verbally by a Precision Fabrication representative, the purchaser, or any third- party company such as a distributor or finance company. In the event of a conflict between Precision Fabrication’s “Terms of Sale & Warranty Agreement” and any non-Precision Fabrication terms stipulated by the Purchaser in their Purchase Order, Precision Fabrication’s Terms will be deemed to be supreme.

CHOICE OF LAW & VENUE

This agreement shall be construed and enforced in accordance with the laws of the State of Florida, USA, and the venue for any action, dispute or proceeding with respect to this agreement shall be Sarasota County, Florida, USA.

ACCEPTANCE OF TERMS

The above stated “Terms of Sale & Warranty Agreement” are posted on the Precision Fabrication website (www.PrecisionFabricationFL.com) and quotations will direct purchasers attention to this posting.

Acceptance to quotations confirms the acceptance of Precision Fabrication’s current “Terms of Sale and Warranty Agreement”.