ALS Terms & Conditions

 

1. Pricing

Prices on the goods specified do not include any city, state, or federal excise taxes, including, without limitation, taxes on manufacture, sales, receipts, gross income, occupation, use, and similar taxes, fees, or other charges imposed by governmental entities. When applicable, taxes will be added to the invoice as a separate charge to be paid by Customer. If an exemption from a tax is claimed, supporting documents must be furnished by Customer prior to delivery.

 

Any and all quotations provided by ALS to Customer shall automatically expire in sixty (60) calendar days from the date issued, and are subject to termination by ALS by notice to Customer at any time.

 

Tooling / setup charge / programming may be charged if the scope of the job will go beyond normal production requirements due to complexity or unusual conditions.

 

Due to the tooling and setup time requirements of every one of the jobs, Customer may be charged minimum of $100 if the value of the order is less than this amount.

 

Crating, pallets and special packaging to avoid breakage, scratches, pits or other shipping related damages may involve additional charges, which shall be paid by Customer.

 

Expedite fee may be charged if the customer requests expediting the job to be done sooner than normal production lead time.

 

2. Terms of Payment

All payments are due upon delivery of the job.

 

Customers who filed all necessary credit references and required paperwork by law with ALS a Net 30 payment schedule is offered. For Customers who are compliant with these requirements payments shall be due no later than thirty (30) calendar days after the date of ALS’s invoice.

 

ALS encourages all customers qualified for Net 30 payments to take advantage of the 2% Net 10 discount offer. In order to be eligible for this discount payment shall be issued by Customer within 10 calendar days of the issuance of the ALS’s Invoice.

 

All payments made after thirty (30) calendar days from the date of the invoice shall be subject to a late charge of one and one-half percent (1.5%) per month based on the outstanding balance unless other payment agreement were made with the Customer.

 

ALS reserves the right to change such payment terms at any time in the event that ALS has reasonable grounds for insecurity as to payment. ALS shall have the right at any time to demand cash payment on or before delivery in any instance in which ALS determines that Customer’s credit is less than satisfactory, or for other good cause.

 

For any special order requiring ALS to produce an unusual, complex or custom made product, Customer may be required to pre-pay some or all of the cost of the order.

 

3. Cancellations

Once placed with and accepted by ALS, an order may be cancelled or modified only with ALS’s written consent and only upon terms that will indemnify ALS against any loss arising out of such transaction. Customer will be responsible for all work and material in process at time of cancellation and will be invoiced accordingly.

 

4. Security Interest

To secure the payment of ALS’s invoice, Customer grants to ALS a security interest in all goods sold to Customer under the Order, including all proceeds there from. Customer authorizes ALS to perfect its security interest through a filing of a financing statement pursuant to the Uniform Commercial Code and shall reimburse ALS for any fees incurred in filing the financing statement which may be added by ALS to the amount of ALS’s invoice to Customer.

 

5. Delivery and Risk of Loss

All shipments under the Order are F.O.B. at ALS’s warehouse, Santa Clara, CA and all risk of loss shall pass to Customer at that time regardless of the method of shipment that may be elected by Customer. Shipping will be charged to the Customer’s account, unless ALS decides, in its sole discretion, to provide for shipment.

 

ALS assumes no financial responsibility or any liability whatsoever for damage or loss which may occur in transit, whether directly or incidentally. All damages occurred in transit shall be claimed against the transit company by the Customer.

 

6. Delays

The shipment date mentioned on the quotation or on any acknowledgement of Customer’s purchase order is ALS’s best approximation of the probable shipment date and is not a fixed or guaranteed date.

 

Customer shall note that lead time may be affected by waiting on drawings, data, CAD files from the customer and/or material from the supplier and this may require adjustment to delivery schedule.

 

ALS will not be liable for any delay in the performance of its obligations under the Order, or for any damages suffered by Customer due to such delay, if the delay is, directly or indirectly, caused by a fire, flood, accident, civil unrest, act of God, war, governmental interference or embargo, labor strike, shortage of materials, or any other cause beyond ALS's control.

 

ALS is committed to do its best to keep all reasonable delivery dates confirmed to Customer.

 

7. Materials

The Order is conditional upon receiving raw material from the Customer or ALS's ability to obtain the necessary raw materials at a reasonable price, and all shipments under the Order are subject to ALS's supply schedules and any government regulations, orders, directives, and restrictions that may be in effect.

 

8. Tooling

Customer shall pay for any special tooling required for the production of goods hereunder by payment of 50% of the cost thereof at the time of the acceptance of the purchase order by ALS and 50% upon delivery of the goods produced using the above mentioned tooling, unless otherwise agreed prior to the commencement of the job.

 

The tooling is to remain the property of ALS and shall be used exclusively for the customer’s products. ALS shall not be responsible to maintain tooling after one year from the date of the last order.

 

9. Nonconforming Goods

Customer shall inspect all goods upon tender and delivery by ALS, and should any of the goods be nonconforming goods, Customer must notify ALS, in writing, within ten (10) days of ALS’s tender and delivery of the goods describing the nature of any nonconformity. The failure of Customer to notify ALS in writing that the goods are nonconforming within ten (10) days of ALS’s tender and delivery of the goods, shall constitute acceptance of the goods and Customer shall be liable to ALS for the total Order price.

 

10. Limitation on Damages and Warranty

This certifies that the materials and processes used to manufacture the articles in the shipment comply with applicable specifications and drawings described on the Customer’s purchase order.

 

Articles have been inspected according to applicable specifications and drawings.

 

The liability of ALS to Customer for nonconforming articles shall be limited to the cost of service provided under the Order which is the sole and exclusive remedy of the Customer.

 

There are no warranties other than those contained in ALS’s Terms and Conditions.

 

11. Special Orders

ALS shall not agree to follow any procedure which violates state or federal laws and requirements.

 

Products manufactured by ALS to meet Customer's particular specifications or requirements, Customer shall indemnify and hold ALS harmless from any and all claims arising from the purchase, use, or sale of the special goods, and from any related costs, attorneys’ fees, expenses, or liabilities incurred by ALS there from.

 

12. Remedies

In the event that Customer is in default or otherwise breaches the Order or this Agreement, ALS shall be entitled to pursue any and all remedies, legal or equable including an action to recover the total Order price, as well as its costs of enforcing the Order, including, without limitation, its attorneys’ fees.

 

In the event that ALS is in default or otherwise breaches the Order, the liability of ALS to Customer for such breach or default shall be limited to the cost of service provided under the Order which is the sole and exclusive remedy of Customer for any such breach or default.

 

13. Entire Agreement

Customer’s receipt of an Order Confirmation and/or Invoice shall constitute an acceptance by Customer of the Terms and Conditions hereof.

 

This Agreement is intended by the parties as a final expression of the terms and conditions of the Order.

 

No representations, understandings, or agreements have been made or relied upon in the making of this Agreement other than those specifically set forth herein.

 

This Agreement can only be modified in a writing signed by both parties. No previous course of dealing between the parties or trade usage may be used to interpret, limit, or otherwise impair the operation of this agreement.

 

14. Waiver

ALS shall not be deemed to have waived any rights under this Agreement or the Order unless such waiver is given in writing and signed by ALS.

 

15. Notices

All notices required to be given under this Agreement shall be given in writing and shall be effective when a record has been actually delivered, deposited in the United States mail, first class, postage prepaid, addressed to the party to whom the notice is to be given at the address shown upon the Order, received by telecopy or received through the Internet.

 

All notices to be made under this agreement shall be addressed to the recipient at the address specified by the recipient.

 

16. Interest and Fees

In the event of any dispute arising out of the Order, this Agreement or the transaction described therein, in addition to an award of damages, the ALS shall be entitled to recover: (1) pre-judgment interest on any amount awarded at a rate of 1.5% per month, (2) all expenses of litigation, including without limitation all filing fees and court costs; and (3) all attorneys’ fees incurred regardless of whether such fees or expenses are incurred before or after the initiation of litigation.

 

All sales shall be subject to the Terms and Conditions set forth. Terms and Conditions may be subject to change without notification.