PLEASE READ: THIS IS A CONTRACT. BY BUYING AN ITEM FROM Space Screw, Inc/Tek Manufacturing, (herein named “The Company”), Inc. OR ACCESSING THIS WEBSITE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS APPEARING BELOW. IF YOU DO NOT ACCEPT THESE TERMS THEN PLEASE DO NOT BUY OUR PRODUCTS OR USE THIS WEBSITE.
The Company values its customers and all technically feasible steps are taken to protect their privacy. In general, when you visit our web site and access information, you remain anonymous. Collected information is used to respond to online queries, gather account information, supply requested information on our products and services, ship ordered products, establish approved links, and for internal market analysis. We do not sell or rent personal information to third parties. This web site may contain links to other third party sites. We take steps to link only to sites that share our high standards and respect for privacy. However, we are not responsible for the privacy standards and practices of third parties. The Company strives to keep online visitor information secure against unauthorized access and use. We may update this policy from time to time and revisions will be posted to this web site.
This contract specifically modifies the time you may bring suit as a result of any possible liability we have in association with the sale of any of our products. This contract also requires arbitration and has a liquidated damages clause limiting how you can file suit and the amount of damages for which we can be liable. You specifically agree to these changes no matter what your state’s product liability or other statutes say and agree that these changes are reasonable. This web site may contain content not generated by The Company and The Company is not responsible for any third-party content. The Company name and logos may not be used in advertising or publicity pertaining to distribution of the information on or linked to this web site or any other server or "hot-linked" sites without specific, written prior permission. The Company makes no representation or warranties about the accuracy, currency, completeness, or suitability of the information provided on this web site and will not be liable for any use of this information for any purpose. The information on this web site could contain technical inaccuracies or typographical errors, and information may be changed, updated, and deleted without notice. The Company may make improvements and/or changes in the products and/or the programs described on this web site at any time.
The material provided on this web site is protected by law, including, but not limited to, United States patent law, copyright law, trademark law, and international treaties. This web site is controlled and operated by The Company in the State of Idaho, United States of America. The Company makes no representation that materials on this web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.
THE COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED ON THIS WEB SITE OR OTHER SITES "HOT LINKED" TO OR FROM THIS SITE, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, BUSINESS INTERRUPTION, SALES, OR PROFITS, WHETHER IN A CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF ACCESS TO, USE OF, OR IN CONNECTION WITH THE USE, INABILITY TO USE, ACCURACY, SUITABILITY, OR PERFORMANCE OF THIS INFORMATION, EVEN IF THE COMPANY IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ALL SUCH DISCLAIMERS INCLUDE, BUT ARE NOT LIMITED TO UCC § 2-314, 2315, 2316.
ANY CLAIM RELATED TO THE INFORMATION ON THIS WEB SITE WILL BE GOVERNED BY THE LAWS OF IDAHO WITHOUT REGARD TO CONFLICTS OF LAW RULES. IN THE EVENT OF ANY DISPUTE REGARDING THIS WEB SITE, THE PARTIES IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN THE COURTS IN TWIN FALLS COUNTY IN THE STATE OF IDAHO, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A STATE CLAIM INVOLVING THIS AGREEMENT OR WEB SITE AND TO THE FEDERAL DISTRICT COURTS, STATE OF IDAHO, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A FEDERAL CLAIM INVOLVING THIS AGREEMENT OR WEB SITE.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF SEASTROM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EVEN IF THAT DAMAGE IS FORESEEABLE AND SEASTROMS ACTS OR FAILURE TO ACT IS NEGLIGENT, WILLFULLY NEGLIGENT OR EVEN ARGUABLY INTENTIONAL. ALL PRODUCTS ARE BEING SOLD “AS IS.” THERE SHALL BE NO THIRD PARTY BENEFICIARIES OR REMOTE PURCHASERS OF ANY SALES.
NOTWITHSTANDING THE OTHER PROVISIONS OF THIS CONTRACT, IF THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, THE COMPANY‘S LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO THE COMPANY IN ASSOCIATION WITH YOUR CLAIM PLUS US$100.00 AS LIQUIDATED DAMAGES.
Terms and Conditions of Sale
- Subject to the terms and conditions hereinafter noted this quotation is firm for seven (7) days from the date hereof, supersedes all previous quotations, and is expressly conditioned upon the the Company's receipt of an order for said products and products availability is subject to prior sale.
- Stenographic and clerical errors are subject to correction.
- Prices are based on quantities quoted for shipment at one time.
- Prices are based on The Customer’s acceptance of under/over shipment of up to ten percent (10%) on each Individual part ordered in quantities in excess of 50. Where exact counts are required an extra charge may be made.
- Lead times are estimated and actual delivery times are set at the time that an order is received and processed. Availability of material may affect final delivery dates.
- Order cancellation requests are reviewed prior to final cancellation. Final cancellations must be received in writing. In the event the Customer cancels the order the the Customer shall be liable for and make payment to the the Company for all expenses incurred in the performance of the order including but not limited to contract value for any parts completed, material and subcontractor commitments, costs and profits on work in progress, and any collection costs incurred, including reasonable attorneys’ fees. If the Customer becomes bankrupt or insolvent, or a receiver is appointed of the business or of the assets of the Customer, the Company may forthwith terminate any and all agreements by written notice thereof to the Customer. Such termination shall not prejudice the Company’s rights to such amounts as are then due.
- Shipping dates are based on conditions at the time of quotation and are subject to changes at time order is placed. All reasonable effort will be made to fill orders within the time promised. In no event will The Company be liable for any consequential damages for delay in or failure to perform whether within his control or not.
Tolerances & Specifications:
- On all parts made to The Customer’s drawing, The Company’s liability shall be limited exclusively to clearly defined drawing, dimensions. Tolerances and specifications are subject to any exceptions taken by The Company in quotation or by Purchase Order Acknowledgement. In the absence of a clearly defined drawing, The Company will follow standard machining industry practices.
- On a part defined only by The Customer’s sample and/or description, The Company will at time of order submit to The Customer a detailed drawing to said part with an assigned part number for his record and review. It shall be the sole responsibility to The Customer to promptly advise The Company in writing of any discrepancies on the drawing.
- The Company’s liability for delivered parts shall be limited to material, workmanship and conformance to agreed on drawings and/or related specifications before The Customer uses them. All claims for count or weight must be in writing and received by The Company within fourteen (14) days after receipt of shipment by The Customer. All claims by The Customer for defective material or workmanship must be in writing and be received by The Company within fourteen (14) days after receipt of the shipment by The Customer. The Company shall be permitted a reasonable time and opportunity to investigate claim. Failure to make any claim within fourteen (14) days shall constitute an irrevocable acceptance of the shipment and an admission that the goods shipped fully comply with all terms, conditions, and specifications of the order. If any such claims are sustained to the satisfaction of The Customer and The Company, The Company shall repair, replace or at The Company’s option issue a credit. The Customer’s sole and exclusive remedy for any defects in workmanship or materials attributable to The Company shall be the repair or replacement or a credit for said goods. Goods shall not be returned to The Company until after receipt by The Customer of The Company’s shipping instructions and a Return Merchandise Authorization (RMA). Once an RMA is issued, all authorized returns must be received by The Company no later than thirty (30) days from the date of The Company’s receipt of original shipment.
- Delivery is based on The Company being able to obtain material at time of order. The Company assumes no liability for damage to Customer Furnished material during handling or processing although all reasonable care will be exercised to protect it. When The Customer furnishes material an additional 10% shall be supplied by The Customer to assure completion of the order. If for any reason insufficient material is provided, then the order will be considered complete and billed at the quantity produced. The Company assumes no liability for work or damage to its parts when performed by The Customer or his agent. Because of The Company’s inability at time of quote to predict a fixed cost of materials, prices quoted herein are subject to adjustment on the basis of prices prevailing at time of receipt of order as well as during the life of the order if more than one buy has to be made due to a scheduled delivery. Unless otherwise stated, all scrap generated by this order whether furnished by The Customer or The Company will belong to The Company.
- Certificates of Conformance; Material Certification and Process Certification are provided at no charge at the time of shipping but must be requested at the time the order is placed. Certifications for other professional services (if any) will be determined upon the request of The Customer. Extra copies or additional documentation required subsequent to the placement or completion of an order may incur a charge at the discretion of The Company.
Minimum Order Value:
- The Company reserves the right to require minimum order quantities and/or values. Orders are considered complete when the shipped quantity is within plus or minus ten percent (±10%) of the ordered quantity.
Transportation & Delivery:
- All Goods are sold F.O.B. Rathdrum, Idaho, USA. In the absence of The Customer’s shipping instructions, The Company will use its own discretion in choice of carrier. The Company assumes no responsibility for loss or damage during shipment. All shipping risks are assumed and accepted by The Customer. If, at option of The Company, shipping insurance is acquired by The Company for the benefit of The Customer, the cost of said insurance is the responsibility of The Customer. If the Customer prefers to take on the liability of loss incur during the shipping process, the Customer must request so in writing. In the absence of a signed written agreement to the contrary, The Company assumes no responsibility for destruction or partial loss due to fire, or any other casualty.
- The Company retains the right to assess a service charge of 1.5% per month (18% per annum) to be charged on any amount not paid within the terms of the invoice. The Customer agrees to pay all legal and collection costs and attorney fees incurred by The Company in collecting any amounts due to The Company. The Customer agrees to pay The Company $35.00 for each dishonored check. The Customer agrees that all purchases initiated in written, verbal, or electronic form are a binding commitment to purchase. The Customer is responsible for the use of any company credit cards(s) utilized by The Customer to pay for goods and services ordered from The Company. The Customer is solely responsible for the continuous maintenance of accurate information in The Customer’s account profile. In the event that The Customer transmits payment to The Company via wire transfer, The Customer is responsible to pay all wire transfer costs incurred by The Company in receiving said payment.
- In the event the account becomes delinquent, interest will be charged at the rate of 1.5% monthly (18% annually).
- In the event any third parties are involved to collect any outstanding monies owed by said business, the customer agrees to pay any reasonable collection fees, including attorney fees where litigation has commenced, and all costs of litigation.
- All parts are shipped bulk packaged and package identified only to good commercial packaging practices.
- All rights and obligations of the parties hereto shall be governed and determined by the Laws of the State of Idaho.
Arbitration, time to cure, & junctions:
- Before an arbitration may be filed the aggrieved party must notify the other party of the problem and provide the other party ten (10) days to cure the problem. This does not apply to situations where an injunction may be necessary. All parties to this agreement specifically agree to binding arbitration in Kootenai County, Idaho. This arbitration shall follow the expedited rules of the American Arbitration Association (AAA), but does not have to use the AAA itself as parties may each choose one arbitrator, each of whom shall choose the third arbitrator. In such an arbitration discovery shall be limited to a total of 40 requests. The arbitration shall consist of a sixty (60) day discovery period and then each party shall have thirty (30) days to submit a brief that shall be no more than ten pages, single spaced with 1 inch margins, 12 pt. font. There shall be a hearing in Kootenai County, Idaho within ten (10) days after both parties submit their statement.
- Notwithstanding the above, the parties hereby agree that the breach of any of the intellectual property terms herein would bring about a situation with a remedy at law would not be sufficient and The Company may apply to a Court of competent jurisdiction for an injunction or other equitable relief, without the necessity of actual money loss being proven.
- If any provision of these terms and conditions are deemed unenforceable, such provision shall be severed and in no way should affect the remaining provisions, which will remain in full force and effect.
All items must be returned in the original packaging, within (15) days of notice sent to The Customer.
The Company’s liability for delivered parts shall be limited to material, workmanship and conformance to agreed on drawings and/or related specifications before The Customer uses them. All claims for count or weight must be in writing and received by The Company within fourteen (14) days after receipt of shipment by The Customer. All claims by The Customer for defective material or workmanship must be in writing and be received by The Company within fourteen (14) days after receipt of the shipment by The Customer and The Company permitted a reasonable time and opportunity to investigate claim. Failure to make any claim within fourteen (14) days shall constitute an irrevocable acceptance of the shipment and an admission that the goods shipped fully comply with all terms, conditions, and specifications of the order. If any such claims are sustained to the satisfaction of The Customer and The Company, The Company shall repair, replace or at The Company’s option issue a credit. The Customer’s sole and exclusive remedy for any defects in workmanship or materials attributable to The Company shall be the repair or replacement or a credit for said goods. Goods shall not be returned to The Company until after receipt by The Customer of The Company’s shipping instruments.
The Company reserves the right to charge The Customer a restocking fee; which shall be the greater amount of $25.00 (twenty-five U.S. dollars) or 35% (thirty-five percent) of the total cost of RMA Refunded items, plus any applicable shipping and handling fees. The Company will not accept the return of any parts prior to issuing a Return Merchandise Authorization (RMA). In the event that The Customer returns parts to The Company without said RMA, said parts will be returned to The Customer freight collect.
Terms and Conditions of Purchase
Space Screw Inc. will provide all relevant technical data, drawings, or process requirements necessary for external providers to meet the requirements of the purchase order to include all key characteristics, special requirements, and critical items. Products and services provided, and the methods, processes and equipment used to achieve them will be approved based on the conformity to the specifications, drawings, and process requirements. External providers will ensure all personnel providing service are competent, skilled and qualified. Purchase orders shall be acknowledged and returned upon receipt, invoiced promptly, and all technical issues shall be communicated through Space Screw Inc. management. Performance of external providers will be measured based on Quality, On time delivery, and accuracy of the orders. Nonconforming material shall be returned to Space Screw Inc. and segregated and noted Counterfeit parts: A signed Certification of Conformance from the external provider stating that products meet the specification requirements. The COC shall state the part number, quantity and revision. Counterfeit parts: A signed Certification of Conformance from the external provider stating that products meet the specification requirements. The COC shall state the part number, quantity and revision. External providers shall flow down all applicable requirements of the purchase order to its external providers. External providers will provide upon request test specimens for verification, investigation, and auditing purposes. External providers shall retain and make available to Space Screw Inc. upon request all quality documentation for a period of no less than 10 years from date of service. Right of Access: The Company and our customers have the right of access to the external providers premises to review work in progress, conduct investigations on product in question, conduct site audits, support improvement activities, and delivery of training External providers shall ensure all personnel are aware of their contributions to product or service conformity and product safety through the importance of ethical behavior External providers will ensure all shipments are free of Foreign Object Debris (FOD).