Terms and Conditions

Acceptance of orders

With respect to goods purchased by Buyer from Plymouth Spring (“Goods”), no contract exists until Buyer places order for delivery, and such order is accepted by Plymouth Spring’s acknowledging receipt of the order, by Plymouth Spring’s commencement of work on the Goods ordered, or by Plymouth Spring’s shipment of the Goods, whichever occurs first. Any acceptance will be limited to the express terms contained on the face hereof. Additional or different terms in Buyer’s form or any attempt by Buyer to vary in any degree any of the terms of this quotation shall be deemed material and are objected to and rejected, but this shall not prevent the formation of a contract between Buyer and Plymouth Spring unless such variances are in terms of the description, quantity, price or delivery schedule of the goods, and the order shall be deemed accepted by Plymouth Spring without said additional or different terms.

Pricing

Plymouth Spring will make every effort to inform Buyer of price changes, but all prices are subject to change to reflect current prices at the time of shipment.

Risk of loss

Ownership of all sold products and the risk of damage or loss during transit transfers to the Buyer upon delivery to the first carrier. If there is damage or loss during transit, the Buyer must immediately notify the carrier’s agent at the destination and Plymouth Spring in writing. Plymouth Spring must be informed of any claims for shortages, shipping errors, or charge errors within thirty days after receiving the goods.

Payment delays

If the Buyer does not meet the payment terms of any order between the Buyer and Plymouth Spring, Plymouth Spring has the right to delay further shipments until such payments are made or Plymouth Spring may cancel the order or issue an additional invoice to cover extra charges for additional time taken.

Tools, dies, etc.

Any special tools, dies, jigs, etc. purchased for the Buyer, regardless of any charge for them, will remain the property of Plymouth Spring. All such equipment will be used exclusively for the Buyer’s materials. If the Buyer does not reorder material to be produced from such equipment, Plymouth Spring may dispose of such tools without liability to the Buyer after notifying the Buyer and unless other arrangements are agreed upon.

Delay in delivery

Plymouth Spring shall not be liable for any delay in the delivery or shipment of products or for any damage suffered by the Buyer by reason of such delay, when such delay is directly or indirectly caused by or in any manner arises from fires, floods, accident, riots, war, government interferences, strikes, shortage of labor or material, inadequate transportation facilities or any other cause or causes beyond its reasonable control.

Production Standards

Unless specified by the Buyer and agreed to in writing by Plymouth Spring, the products provided under this agreement will be produced according to Plymouth Spring’s standard practices. All products, including those produced to meet exact specifications, will be subject to commercial tolerances unless otherwise agreed to by Plymouth Spring. Plymouth Spring and Buyer agree that quantity tolerances are acceptable up to 10% over shipment.

Cancellations

Cancellations by the Buyer will be subject to charges based on any necessary adjustment to cover expended labor, procured, processed, or partially processed material, and reasonable overhead expenses related to it as determined by Plymouth Spring.

Warranties

All products sold under this agreement are guaranteed to be free from defects in material and workmanship. This express warranty replaces and excludes all other warranties, express or implied (including any implied warranty of merchantability and any implied warranty of fitness for a particular use). Plymouth Spring’s liability for breach of warranty shall be limited solely and exclusively to repairing or replacing, at Plymouth Spring’s option, the defective Goods. In no event shall the liability of Plymouth Spring for breach of any contractual provision relating to the Goods exceed the purchase price of the Goods quoted herein. In no event shall Plymouth Spring be liable for any special, incidental, or consequential damages arising out of Buyer’s use or sale of the Goods or Plymouth Spring’s breach of any contractual provisions relating to the Goods, including but not limited to any loss of profits or production by Buyer.

Claims

Any claims that goods have not conformed to specifications will not be accepted without prior written authorization from Seller within fifteen days (15) of the receipt by Purchaser of such goods; otherwise, any such claims shall be deemed to have been waived by Purchaser. If Purchaser complies with the above notice requirements, Plymouth’s liability shall be limited to refunding the purchase price of the goods in question. No damages or charges of any kind, either for labor, expenses or otherwise, suffered by Purchaser in repairing or replacing goods will be allowed.

Applicable Law

By placing an order you agree that the applicable federal law and the laws of the state of Connecticut, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Plymouth Spring.