All deposits paid to Heaton Contract Manufacturing (HCM) for tooling and production are non-refundable. Unless under tooling deposit scenario HCM fails after five (5) attempts to provide the Customer with a sample that comply with the specifications provided to HCM. Any funds the customer paid for air freight, expediting fees, or any other miscellaneous fees are not recoverable. The only deposit funds the customer may be credited are for the actual tooling deposit that they paid for. After the Customer reviews and approves the sample provided by HCM, all deposits paid by the Customer to HCM are non-refundable should the Customer decide to cancel the order for any reason. In the event the customer refuses to pay the balance due on an order after they have paid their deposit, the customer voluntarily terminates the order and loses any funds paid for the deposit on that same order(s). The customer’s obligation is to pay the deposit at time of order is placed and pay the balance due at time HCM invoices the customer – which any product coming in from overseas or outside the USA always requires balance due to be paid prior to product shipping from location being manufactured.
The Customer understands and agrees that on all orders for fasteners and other smaller parts, the quantity will be in accordance with Industry Standards which is +/- 10%.
HCM warrants to the original Customer that the products manufactured/supplied by HCM are free of defects in material and workmanship. If Customer notifies HCM within five (5) days of any such defects (the “Warranty Period”), and returns the products to HCM at Customer’s sole expense, HCM shall, at its option, repair the products or replace them with products of comparable value. In either case, the Warranty Period for the repaired or replaced products shall extend after the date of repair or replacement for a time equal to the original Warranty Period which is five (5) days. If Customer does not notify HCM of such defects, whether patent or latent, within the Warranty Period, HCM shall have no further liability or obligation to Customer. In no event shall HCM liability under this warranty exceed the original purchase price of the products which are the subject of a proper notice of defects. Any product that the customer procures from HCM and holds in one of HCM’s facilities has the same (5) day warranty period. This is applicable for the entire lot of product. If the customer chooses not to inspect the full lot of product upon receipt of goods into a HCM location/warehouse within five (5) days after receipt, it waives its warranty altogether- this scenario is only applicable to product HCM is not shipping direct to the customer and warehousing for a customer and/or using customer purchased product to report into assemblies and/or kits that HCM is assembling for the Customer. It is solely the customer’s responsibility to inspect product upon receipt of goods into a HCM location within five (5) days of product being received or the customer voids the warranty in its entirety for the full lot of product received.
Notwithstanding any provisions of such Limited Warranties, your sole remedy against HCM for breach thereof shall be the repair or replacement of the defective material or workmanship, at the discretion of HCM, without charge (except for labor costs), F.0.B. at HCM designated factory/ship to location. IN NO EVENT SHALL HCM BE LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE PRODUCT OR FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. EXCEPT FOR THE FOREGOING AND THE LIMITED WARRANTIES DESCRIBED, HCM MAKES NO EXPRESS WARRANTY WITH RESPECT TO ANY PRODUCTS SOLD UNDER THIS CONTRACT AND SPECIFICALLY EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PURPOSE.
In the event of any breach of the warranties set forth elsewhere in this contract, Customer’s remedies set forth elsewhere are the sole and exclusive remedy of Customer. In no event shall HCM’s liability for direct, incidental, consequential or other damages exceed the original purchase price of the goods.
The governing law for the sales transaction between HCM and the Customer shall be within the state of WI, Ozaukee County, and the rights and obligations of the parties shall be governed by, enforced under, and interpreted in accordance with the substantive law of Wisconsin, Ozaukee County, without regard to its principles of conflict of law.
The parties agree that any dispute, controversy or claim arising under or in connection with the transaction between HCM and the Customer or either parties performance, shall be decided in the applicable court in WI, Ozaukee County as relevant per the matter, and for such purposes, each party hereby submits to the jurisdiction of the applicable Court of WI, Ozaukee County sitting in WI, Ozaukee County and agrees that service of process may be completed and shall be effective and binding upon the party served if mailed by certified mail, return receipt requested, postage prepaid and properly addressed to the party. Each party hereby agrees to and does hereby waive any right to assert or move for transfer of venue to any court outside of the applicable Court of WI, Ozaukee County. Each party further acknowledges and agrees that this paragraph has been a negotiation of arm’s length with the assistance of counsel or that either party could have received the assistance of counsel and it is fully legally effective and constitutes a voluntary agreement of the parties.
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