Sales Terms & Conditions

1. QUOTATION: Quoted pricing is only an estimate; firm pricing to be confirmed within 5 days of Purchase Order based upon material pricing at that time. Stenographic and clerical errors are subject to correction.

2. BUYER’S PURCHASE ORDER: This quotation and/or acknowledgement is made on the terms and conditions stated herein and no others. Buyer s acceptance will be limited to the terms and conditions of this quotation. No additional or different terms and conditions stated in any purchase order used by Buyer shall be acceptable to us unless and until we expressly in writing to them, and NOTICE OF OBJECTION is hereby given to and proposed changes to the terms and conditions contained herein, whether conceived as major or minor in character. Buyer’s purchase order issued in response to this quotation shall be deemed an acceptance of all the terms and conditions contained in this quotation and no others, and any different or additional terms and conditions contained in Buyer s purchase order shall be deemed void and of no effect whatsoever, unless expressly confirmed in a separate writing signed by an authorized representative of Seller.

3. ENGINEERING CHARGE: The engineering charge covers the cost of engineering, adapting, and fabricating special and standard die components. These components are adaptable only to our special fixtures and machines and therefore will not be released from our plant. (This is the policy of the industry) No further charge will be made except for part design change made by the Buyer. We assume the responsibility of replacing worn out or damaged die components.

4. SAMPLES: If pre-production samples are requested, minimum charges will apply if applicable. Minimum charge for samples covers cost to manufacture raw parts only. Additional charges will be incurred if customer requests samples to be heat treated, plated, or painted. Samples cannot be produced without an Engineering Charge.

5. SPLIT SHIPMENTS: Invoices will be printed at the rate for each quantity shipped where split shipments are requested by the customer. Seller reserves the right to make shipments installments: unless otherwise expressly stipulated herein or in Seller s written acknowledgement of Buyer s purchase order. All such installments shall be separately invoiced and paid for when due, without regard to subsequent shipments. Delay in shipment of any installment will not relieve Buyer of its obligation to accept remaining shipments.

6. BUYER S EXCLUSIVE REMEDY: Buyer s sold and exclusive warranty is that the goods subject to this quotation will be as described herein. SELLER EXPRESSLY DISCLAIMS ANY WARRANTY AS TO MARKETABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE BUYER.

The sole and exclusive remedy of the Buyer is the obligation of: Seller to repair or replace the parts at no cost to the Buyer. This remedy here provided Buyer as to parts and replacement shall be Buyer s sole and exclusive remedy and is expressly made in substitution of any and all remedies otherwise provided in the Uniform Commercial Code.

7. HEAT TREATMENT: Buyer understands and acknowledges that seller does not perform heat treating of parts in house. If parts subject to this quotation require heat treating, Seller makes no warranty and assumes no liability or responsibility to Buyer or any other party regarding the selection of heat treater, the effect of heat treatment on such parts, the hardness, condition, and compliance with specifications of such parts after heat treatment or otherwise. If arrangements for heat treating are made by Seller pursuant to the terms of this quotation or made by Buyer directly with the heat treater, Buyer agrees to indemnify, defend and hold Seller harmless from and against any losses, claims, damages, liability, causes of action, and judgments arising out of or in connection with such heat treatment of the parts subject to this quotation.

8. OTHER WARRANTIES AND REPRESENTATIONS: No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation or warranty concerning goods sold hereunder, except as specifically included herein, or in a separate writing signed by an authorized representative of Seller. The full and final expression of all warranty liability of Seller is as set out in this quotation. The entire agreement of the parties regarding warranties is as contained herein and in any related or subsequent writing signed by an authorized representative of Seller and no evidence of any prior or contemporaneous agreement, representation, understanding, or the like may be used to add to, subtract from, or modify the consent of the warranties herein set forth.


9. QUANTITIES: Buyer will accept overruns or underruns not to exceed 10% of quantity ordered except that on orders under 250 pieces, the overrun may be up to 25 pieces. If exact quantities are requested, an extra charge of, 10% of unit price will be made for quantity control

10. DELIVERIES: All goods are sold, and all shipments are made, F.O.B. Seller’s factory, Milwaukee, Wisconsin. Seller will use its discretion in routing all shipments, and reserves the right to select carrier and truck size. If any shipment made in accordance with Buyer s instructions shall incur additional labor or carrier costs, such costs shall be paid by Buyer as invoices are rendered. Parts will be packed bulk in our containers. Crating, wrapping, special packaging, etc. to avoid scratches, pits, or other marks or for waterproofing, rust preventative, etc. May involve additional charges where special handling and treatment are required. The shipment date mentioned on this quotation or on any acknowledgement of Buyer’s purchase order is Seller s best approximation of the probable shipment date and is not a fixed or guaranteed date. Shipment of goods is subject to any and all delay s due to any condition or happening whatsoever beyond Seller s control, including but not limited to strikes, fires, riots, wars, acts of God, inability to obtain materials, governmental regulation or other conditions. Seller shall not be responsible for any damage or loss resulting, whether directly or incidentally, from delayed shipments, and seller assumes no responsibility or liability whatsoever for damage which may occur in transit.

11. FITNESS DISCLAIMER: We do not warrant that the goods manufactured and sold subject to this quotation are suitable for any purpose particular to the Buyer is for the Buyer, in its sole judgments, to determine. We assume no responsibility to design, selection of furnishing the goods suitable to the individual needs and purposes of any particular Buyer.

12. BUYER S INSPECTION AND ACCEPTANCE: Goods sold pursuant to this quotation shall be inspected by the Buyer on arrival at Buyer s plant. If the goods fail to conform in any way to the contract, the Buyer will so notify Seller in writing within 15 days of arrival of the goods at Buyer’s plant. Failing such notice the goods shall be deemed accepted and it is expressly agreed that the buyer shall have waived all claims based on any defects that were or would have been discovered on reasonable inspection during this 15 day period. Such an acceptance, it is agreed, shall also be deemed to have been made with knowledge of any defects that inspection during the allowed time period would have revealed.

13. CONSEQUENTIAL AND INCIDENTAL DAMAGES WAIVED: In the event of a breach of the contractual agreement between the Seller and Buyer regarding goods subject to this quotation, Seller shall not be liable for consequential or incidental damages arising out of such a breach. In the event that any other term of this quotation is found unconscionable or unenforceable for any reason, or any exclusive remedy fails of its essential purpose, this provision of waiver by agreement of consequential and incidental damages shall continue in full force and effect.

14. TOLERANCES: Dimensional tolerances shown on print will be maintained unless otherwise specified by us. If no tolerances are shown, we will maintain + or – .010” on decimal dimensions +.025” on fractional dimensions. +3 on all angles and +.003/-.003 on hole sizes. Parts will have commercial burrs, unless otherwise noted. Flares due to bending are to be allowed and not to be included in tolerances. Blank contours and openings will have commercial stamped edges unless otherwise specified by us. Tapped holes to be gauged prior to plating. Flatness will not be guaranteed, better than .010 per inch unless otherwise stated.

15. MATERIAL: Analysis reports and Certification of Compliance on material will not be furnished unless requested by customer at the time order is released. If material is furnished by you, a small charge will be made for shearing and/or handling. Scrap left over from the stamping operation shall become our property unless otherwise agreed upon in advance when customer supplies material, entire quantity of material will be processed.

16. CANCELLATIONS: Buyer will be responsible for all work and material in process at time of cancellation and will be invoiced accordingly. Minimum cancellation charges will be $35.00.

17. PAYMENT TERMS: Orders are accepted at Acro Metal Stamping Company Incs. Discretion with the following terms: 2% 10, net 30 days. Any deviations from these terms will be quoted accordingly. Buyer shall make payments as specified herein and in Seller s invoice, and Seller may suspend shipment or delivery until such payments are made. Seller reserves the right to charge of 1.5% per month, but not in excess of any lawful rate, if Buyer is delinquent in payment of invoices. If, in Seller’s opinion the financial condition of Buyer becomes impaired or unsatisfactory, Seller may at any time limit or cancel the credit of Buyer and, before delivering additional material to Buyer, require Buyer to pay in cash for such goods and to pay for any goods previously delivered. Failure of Buyer to make such payments within 10 days after demanding in writing shall constitute breach of this agreement buy Buyer. Approval of credit of one or more deliveries shall not be deemed a waiver hereof. Buyer agrees to reimburse Seller for all of Seller s costs and expenses. Including actual attorney fees, incurred in connection with collection of any past due amounts owed by Buyer.

18. GOVERNING LAW AND FORUM: The contract created upon Buyer’s acceptance hereof shall be governed, construed and enforced in accordance with Wisconsin Law. Any action brought by any party to such contract shall be brought in Wisconsin Circuit Court for Milwaukee County, or a federal court located in Milwaukee County, Wisconsin and buyer hereby consents to the personal jurisdiction of any such court.

These Terms & Conditions are subject to revisions. Revised February 27, 2020.