Terms and Conditions

The following Terms and Conditions govern all products and services provided by F & J Precision Machine Products (“F & J Precision”), unless otherwise agreed to in writing by an authorized representative of F & J Precision.

1. Prices and Taxes

Prices shall be those stated in F & J Precision’s quotation valid at the time of order.

If a quotation has expired, F & J Precision reserves the right to either extend the validity of the quotation or issue a new quotation at its discretion.

All prices are F.O.B. F & J Precision facility and are exclusive of all taxes, tariffs, duties, shipping charges, and fees unless otherwise specified.

The Buyer is solely responsible for the payment of all applicable sales, use, excise, or other taxes resulting from the transaction.

If a Buyer located within the United States claims tax-exempt status, F & J Precision must receive a valid resale or exemption certificate prior to shipment.

2. Orders

No order submitted by the Buyer shall be deemed accepted unless and until confirmed in writing by an authorized representative of F & J Precision.

F & J Precision reserves the right to refuse any order at its sole discretion.

3. Purchasing Information for External Providers

F & J Precision shall ensure the adequacy of requirements prior to their communication to external providers. The organization shall communicate its requirements for:

A. Processes, Products, and Services

Identification of relevant technical data including:

Specifications
Drawings
Process requirements
Work instructions

B. Approval Requirements

Approval of:

Products and services
Methods, processes, and equipment
Release of products and services

C. Personnel Competence

Requirements related to competence, including qualification of personnel where applicable.

D. Communication

External provider interaction with F & J Precision.

E. Performance Monitoring

Control and monitoring of external provider performance.

F. Verification and Validation

Verification or validation activities that F & J Precision or its customers may perform at external provider facilities.

G. Design and Development Control

H. Special Requirements

Special requirements, critical items, or key characteristics.

I. Testing and Inspection

Test, inspection, and verification requirements including production process verification.

J. Statistical Techniques

Use of statistical techniques for product acceptance and related instructions.

K. Additional Requirements

External providers may be required to:

Implement a quality management system
Use customer-designated or approved providers, including process sources
Notify F & J Precision of nonconforming products or processes and obtain disposition approval
Prevent the use of counterfeit parts
Notify F & J Precision of process, product, or location changes
Flow down all applicable requirements to sub-tier suppliers
Provide test specimens when required
Retain documented information including retention periods and disposition requirements

L. Right of Access

F & J Precision, its customers, and regulatory authorities shall have the right of access to:

Applicable areas of facilities
Relevant documented information

At any level of the supply chain.

M. Personnel Awareness

Personnel must understand:

Their contribution to product or service conformity
Their contribution to product safety
The importance of ethical behavior

4. Payment

All payments must be made in U.S. dollars.

If the Buyer satisfies F & J Precision’s credit approval process, payment terms of Net 30 days from the invoice date may be granted unless otherwise agreed in writing.

A. Financial Condition

If, during performance of an order, F & J Precision determines that the Buyer’s financial condition does not justify the agreed payment terms, F & J Precision may require alternate payment terms, including advance payment.

B. Installment Deliveries

F & J Precision reserves the right to make deliveries in installments, each of which will be separately invoiced and payable when due.

C. Default in Payment

If Buyer fails to make timely payment:

F & J Precision may suspend performance of its obligations.
Buyer agrees to pay late charges and interest at 1.5% per month on overdue balances.
Buyer agrees to pay all collection costs, including reasonable attorney’s fees.

5. Delivery, Security Interest, and Delays

Delivery shall be F.O.B. F & J Precision Dock.

Freight and handling charges must be:

Paid in advance, or
Paid upon receipt of invoice.

F & J Precision shall not be liable for delays caused by events beyond its reasonable control, including but not limited to:

Acts of God
Weather conditions
Transportation delays
Supply chain disruptions

In such cases, the delivery schedule shall be extended by the duration of the delay.

6. Acceptance of Products

Products shall be deemed accepted upon delivery unless the Buyer notifies F & J Precision in writing within ten (10) days of receipt of any:

Shortages
Errors in delivery
Nonconformity

Failure to provide timely written notice constitutes a waiver of such claims.

F & J Precision’s sole obligation regarding non-acceptable products shall be, at its option:

Repair
Replacement
Remanufacture

In accordance with the warranty provisions.

7. Disclaimer and Limitation of Liability

F & J Precision’s total liability is limited to the net purchase price of the services or products sold, excluding any separately stated charges.

The Buyer’s sole remedy is limited to one of the following, at F & J Precision’s discretion:

Refund of the net purchase price
Rework of the product
Replacement of the product

Under no circumstances shall F & J Precision be liable for indirect, incidental, consequential, or special damages.

8. General Provisions

A. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties and supersede all prior communications, negotiations, and agreements.

Any additional or conflicting terms proposed by the Buyer are null and void unless agreed to in writing by an authorized representative of F & J Precision.

B. Assignment

The Buyer may not assign its rights or obligations without the prior written consent of F & J Precision.

C. Governing Law and Venue

These Terms and Conditions shall be governed by the laws of the State of California, without regard to conflict of law principles.

Any dispute arising out of these Terms shall be resolved exclusively in courts located in Santa Clara County, California, and both parties consent to the jurisdiction of those courts.

D. Enforcement Costs

The Buyer shall pay all costs and expenses, including reasonable attorney’s fees, incurred by F & J Precision in enforcing its rights under these Terms.

E. Cumulative Remedies and Severability

All rights and remedies are cumulative and may be exercised individually or concurrently.

Failure to enforce any provision shall not constitute a waiver of that provision.

If any provision is found invalid under applicable law, the remaining provisions shall remain fully enforceable, and the invalid provision shall be interpreted to reflect the original intent of the parties to the greatest extent possible.

F. Corrections

Any typographical, clerical, or administrative errors in quotations, price lists, invoices, or other documents issued by F & J Precision may be corrected without liability.

G. Compliance with the Foreign Corrupt Practices Act

In compliance with the United States Foreign Corrupt Practices Act (FCPA), the Buyer and its employees or agents shall not directly or indirectly offer, promise, or provide anything of value to any government official for the purpose of influencing official actions or securing improper business advantages.

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