Terms
Terms & Conditions of Sale
The following are the standard terms and
conditions of all orders placed with Ohio Screw
Products, Inc., hereinafter referred to as
Seller. Unless special terms are negotiated and
documented in the quotation or Ohio Screw
Products’ order acknowledgement, these
conditions apply.
1. TERMS OF CONTRACT: Unless Buyer notifies
Seller in writing by certified mail, return
receipt requested, within three days after
receipt of the order acknowledgement by Buyer,
acceptance of the terms and conditions hereof by
Buyer shall be indicated and in the absence of
such notification, the sale and shipment by
Seller of the goods covered hereby shall be
conclusively deemed to be subject to the terms
and conditions hereof.
2. SAMPLES: If requested, Ohio Screw Products
will submit samples for approval when commencing
operations upon any order. However, Seller’s
machines may start production immediately after
they are set correctly to Buyer's supplied
specifications, and Seller will assume
responsibility for having the product in
conformity with such specifications while
awaiting Buyer's approval. Any changes in
original specifications will be made only at
Buyer's direction and expense. If changes are to
be made, Seller must be notified at once by
telephone, fax or e-mail, but always with
written confirmation. If buyer intends to use
the samples to test a new or unproven design,
Buyer should always include this as part of the
quotation to withhold production for an agreed
time.
3. QUANTITIES: All quotations are based on Buyer
accepting over-run or under-run on each
individual item not exceeding 10% of quantities
ordered. Where closer control of quantity is
required special arrangements must be made;
otherwise Seller’s responsibility is only to
deliver a quantity of parts within this range
unless otherwise specified on customer’s
purchase order.
4. BUYER'S MATERIAL: Quotations covering
machining of Buyer's material are made subject
to delivery of the amount of material as
specified by Seller in 12' lengths, F.O.B.
Seller's plant, and are subject to changes, if
material furnished by Buyer is defective or
cannot be machined within reasonable machining
parameters. Chemical and physical specifications
are the sole responsibility of Buyer, and parts
manufactured from Buyer's material, which
conform to blueprint specifications, shall be
accepted by Buyer. Seller does not guarantee to
deliver more than 90% of the quantity ordered,
as stated in "III. QUANTITIES." If Buyer's
material proves defective, in total or in part,
or of a different character than represented by
either Buyer or material producer, all work
performed by Seller shall be reimbursed by
Buyer.
5. TOLERANCES: All dimensions must be limited by
a specific tolerance. When not specified, it is
understood that the following tolerances will
apply:
Decimal Dimensions: All diameters plus or minus
.005"
Lengths plus or minus .010"
Fractional Dimensions: Diameters plus or minus
.015"
Lengths plus or minus 1/64" (over 18" +/- 1/32)
Intersecting Surfaces: Fillets .020" Max.
Corners: .020" Max. Radius of Chamfer or
Angles: Plus or minus 2-1/2 degree
Drilled holes the greater of + .003 / - .001 or
plus 3% and minus 1%
Samples are to be considered as denoting
fractional dimensions, unless otherwise
specified and dimensions of samples will be
considered "mean" dimensions. Where cross
drilling, slotting and similar operations are
specified; the location will be without relation
to other dimensions unless otherwise specified.
When Buyer purchases to his own specifications,
Seller will not be responsible for the design
and fitting of parts.
Concentricity requirements, if any, must be
specified separately from dimension and will be
subject to inspection only at the point where
the relation is shown on the blueprint. When a
concentricity limitation is specified, it is
understood that it means the actual
concentricity allowable between the centerlines
of the dimensions, which is one-half of a
dial-reading registration (or TIR). When
concentricity is not specified, the work will be
manufactured in the most economical manner
without particular regard to concentricity.
6. THREADS: Unless otherwise specified, threads
will be of the ANSI Unified Screw Threads and
will be made to Class 2A and Class 2B fit
tolerances. When Buyer specifies threads other
than sizes in the Coarse Thread Series or Fine
Thread Series or in other classes of tolerances
or limits, gages are to be furnished by Buyer or
charged for by the Seller.
EXTERNAL THREADS: Where threading to the
shoulder is specified, if a relief or under-cut
of sufficient width is not provided for, it will
be understood that the last full thread will not
be closer to the shoulder than a distance of two
and one-half threads and in the case of fine
pitches, closer than 1/16".
INTERNAL THREADS: Unless otherwise specified,
blind tapped holes may not have a full thread
closer from the bottom than three and one-half
threads and in case of fine pitches, not closer
than 5/32".
7. GAGES: Where dimensions cannot be readily
gauged with micrometers and require special
gages, such gages may be furnished by Buyer or
supplied by Seller at an extra charge. In the
case of threads, the inspection gages shall
conform to the limits specified by the latest
National Bureau of Standards Handbook H28, as
supplemented, entitled "Screw Thread Standards
for Federal Services for Inspection Gages."
8. INSPECTION: Inspection by Seller is made on a
percentage basis only. It is assumed 100%
inspection is not required. If 100% inspection
is required, it is an added cost at Buyer's
expense. Seller will normally use a 1.0 AQL on
critical part features when no other
requirements are noted. If there does need to be
any special lot or shipment acceptance criteria,
including the designation of sampling plans or
statistical data, it must be established by
Buyer in writing prior to quotation by Seller.
Otherwise, Seller reserves the right to adjust
his quotation or delivered part price in
consideration for the requirements established
by Buyer.
9. PACKAGING: Unless otherwise specified in the
quotation or the order acknowledgement, all
items are to be bulk packed. If special
packaging or handling is required, it must be
specified by the buyer, in writing, prior to
quotation by seller, otherwise, seller reserves
the right to adjust the quotation or delivered
part price in consideration of the requirements
established by Buyer.
10. TOOLS, TOOLING CHARGES, FIXTURES, ETC:
Tools, dies, jigs, fixtures, programs, gages,
and their engineering and design, are integral
parts of Seller's manufacturing processes.
Therefore, separate quotation to, or payment by
Buyer for these items, supplied by Seller,
conveys neither ownership nor the right of
removal from Seller's factory.
11. PATENTS: It is not the intention of Seller
to manufacture any product, which is an
infringement of a patent. Buyer will defend and
reimburse Seller for all expense and damages
resulting from claims of infringement related to
filling the Buyers orders. This will apply to
orders for individual parts or assemblies.
12. SHIPMENT TERMS: F.O.B. Ohio Screw Products,
Inc., Elyria, Ohio.
13. SHIPMENT: In ordering, Buyer should state
explicitly the method of shipment preferred and,
in the absence of shipping directions, Seller
will use discretion forwarding by air or rail
express, truck or parcel post when packages are
small and, therefore, subject to loss in
transit. When considered prudent by the Seller,
shipment will be insured at Buyer's expense,
unless otherwise specified by Buyer. All goods
are sold F.O.B. shipping point so Buyer assumes
freight cost and liability for any loss or
damage to goods once the goods have left
Seller's premises.
14. DELIVERIES: Seller assumes the
responsibility of assigning the necessary
resources to achieve the delivery schedule
quoted to the Buyer, within the costs quoted to
the Buyer. Seller does not assume any
responsibility due to default or delay in
production or delivery of all or any portion of
any contract resulting directly or indirectly
from: (A) accident to, or breakdowns of Seller's
plant machinery or equipment; labor disputes;
fire; riots; national emergency; delays of
suppliers; carriers; or governmental
restrictions, prohibitions; or allocations; or
(B) any cause beyond the control of Seller. In
no event shall Seller be liable for any
consequential, special, or contingent damages
arising out of Seller's default or delay in
filling this order.
15. DELIVERY SCHEDULES: Unless otherwise agreed
between Buyer and Seller, orders are accepted
for delivery as fast as manufactured by complete
shipment packed in bulk. If special delivery
schedules and lot quantities are required, it
may affect price and should be detailed in part
of the quotation.
16. QUOTATIONS AND ACCEPTANCE: All orders and
contracts are subject to acceptance only at
Seller's home office. Typographical errors are
subject to correction.
17. CREDIT: Accounts will be opened only on
approved credit. Seller reserves the right to
decline delivery except for cash, whenever doubt
as to Buyer's financial condition develops.
18. TAXES: Taxes imposed by any present or
future law of federal, state, county, or
municipal authority on the manufacture, sale or
use of the articles purchased hereunder and
required to be paid by Seller shall be added to
the amount to be paid by Buyer. Buyer shall
furnish evidence of exemption if applicable.
Custom duties or taxes are not included in
prices; Buyer shall reimburse Seller for any
such duties or taxes as Seller may pay or
subsequently be assessed.
19. CANCELLATION: Orders may be cancelled or
deliveries deferred by Buyer with written
consent of Seller only upon the condition that
Buyer assumes immediate liability and makes
payment to Seller for all work complete and
incomplete, recovering Seller’s costs and lost
profits. The Seller will recover from Buyer: the
unit sales price of completed work, work in
process on the basis of the percentage
completion, raw material costs, non-amortized
tooling costs, engineering, handling, overhead
charges, and other cancellation charges incurred
on the basis of cost to Seller, as well as, lost
profits. All cancellation charges to be
determined at the time of cancellation or
deferment.
20. CLAIMS: If Buyer claims delivery of material
is not as ordered, he must notify Seller within
fifteen (15) days of receipt of shipment. If
such claim is sustained, Seller shall, at his
option, repair, replace, credit or complete
order. Charges for repair or inspection of parts
by Buyer without prior authorization cannot be
honored. Seller shall have the option of
inspecting the goods on Buyer's premises or of
taking back the goods and deciding whether to
replace goods or credit Buyer.
Claims for shortage of goods must be presented
within fifteen (15) days from the date of
receipt of goods and must state the packing slip
number, weight including tare and the method
used in arriving at a count of the parts. Any
claim for error in weight or shortage, not
presented in accordance with this provision,
will conclusively be deemed waived. Seller may,
at Seller’s discretion, request the shipment be
returned in its entirety for full evaluation.
Seller will not allow claims on those goods
further processed by Buyer resulting in change
of dimensions or characteristics from parts as
ordered.
21. WARRANTY: Seller warrants that goods
manufactured by him will conform to the drawings
and specifications furnished by Buyer. If within
six (6) months, the goods manufactured by Seller
are found to have defects in material or
workmanship as compared to Buyer’s written
specifications, and written notice is received
by Seller no later than seven (7) months after
date of receipt of such goods by Buyer, Seller
will, at his option and without regard to
limitations under paragraph III, "Quantities,"
provide credit, repair, or replace such products
determined by Seller to be defective.
Seller shall have the option of inspection of
the goods on Buyer's premises or authorizing
their return. No goods are to be returned
without written consent nor shall the Seller be
liable for any expense, including inspection
expenses, incurred by Buyer in order to remedy
defects in said goods.
Products manufactured by others but furnished by
Seller are limited to the original
manufacturer's warranty and Seller shall not be
liable under any circumstances for defects in
such products.
Because goods furnished hereunder are to Buyer's
specifications and are used or combined by Buyer
with other equipment or components not furnished
by Seller, Buyer agrees to indemnify Seller for
all claims resulting from the use or
incorporation of said goods in the Buyer's
product.
IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN
LIEU OF ANY AND ALL OTHER WARRANTIES AND
LIABILITIES, EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY
OF FITNESS FOR ANY PURPOSE AND ANY LIABILITY FOR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
THE PRODUCT SOLD HEREUNDER. THE FOREGOING STATES
SELLER'S ENTIRE AND EXCLUSIVE LIABILITY AND
BUYER'S EXCLUSIVE AND SOLE REMEDY. SELLER WILL
IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL,
SPECIAL OR CONTINGENT DAMAGE OR EXPENSE ARISING
DIRECTLY OR INDIRECTLY FROM ANY DEFECT IN ITS
GOODS OF FROM THE USE THEREOF, NOR IS ANY OTHER
PERSON AUTHORIZED TO ASSUME FOR SELLER ANY SUCH
LIABILITY.
LIMITATIONS: Any controversy or claim arising
out of or related to this contract, or the
breach thereof, must be commenced within one (1)
year after the cause of action has occurred.
CLARIFICATION OF TERMS AND CONDITION OF SALE:
• Quoted price is based on total quoted quantity.
Blanket purchase orders issued with a specific price
is a commitment by the purchaser to purchase the
quoted quantity within 12 months of date P.O. is
issued. This supersedes any disclaimer on customer’s
purchase order.
• Prices quoted are generally based upon one
continuous production run. Customer terms requiring
shorter production runs with additional set up may
result in higher costs.
• Prices quoted are based upon raw material
prices in effect at time of quote. Prices may be
adjusted upward or downward to reflect changes in
actual cost of raw material at the time of purchase
receipts.
• PPAP Level III requirements are available at a
one time additional charge of $295 which may be
amortized into the quoted per piece price.
• Any one time tooling and engineering charges
may also be amortized into the quoted per piece
price.
• Parts will be made to print unless a deviation
is specified in quotation notes. If Ohio Screw
Products is required to hold production for customer
approval, the cost of machine down time will be
added to the customer’s invoice as a one time
charge. As with other one time charges, it may be
amortized into the per piece price.
• Print changes to quoted part will be reviewed
and re-priced if applicable before order acceptance.
• Orders received more than 60 days after quote
date will be re-quoted with updated prices and lead
times.
• Orders may be accepted with lead times shorter
than specified on the Ohio Screw Products’ quote.
The requested delivery date on the order does not
constitute a promise by Ohio Screw Products unless
agreed to in writing, to deliver by the requested
date, but will be interpreted as a target date to be
met if possible. The promised date on the “Order
Acknowledgement” is the only valid promised ship
date.
• “Order Acknowledgement” will be transmitted
within five working days of receipt of order.
Failure by the customer to respond to terms or
exceptions included in the acknowledgment will
constitute acceptance by the customer.