Customer Purchase Terms
1. Acceptance of Orders
All quotations, order acknowledgements, sales, and deliveries by Marik Spring, Inc. ("Marik") are expressly subject to these Terms and Conditions of Sale. Any additional or different terms proposed by the purchaser are rejected unless specifically accepted in writing by an authorized representative of Marik. Acceptance of delivery, payment, or use of the products constitutes acceptance of these Terms and Conditions.
2. Contract Manufacturer
Marik is a contract manufacturer. Unless expressly agreed in writing, Marik manufactures products solely in accordance with customer-provided drawings, specifications, samples, models, or other written requirements.
3. No Design Responsibility
Marik does not provide product design, engineering, application engineering, design validation, product certification, or performance guarantees unless expressly agreed to in writing by an authorized representative of Marik.
4. Technical Assistance
Any technical comments, manufacturing recommendations, or assistance provided by Marik personnel are offered solely to assist in manufacturing and shall not be construed as engineering services, design approval, application approval, or a warranty or guarantee of product performance.
5. Customer Responsibility
The Customer is solely responsible for product design, application, testing, validation, regulatory compliance, functional suitability, service life, fatigue life, cycle life, and overall product performance.
Performance, application, and functional suitability remain solely the Customer's responsibility.
Marik's responsibility is limited solely to manufacturing products that conform to mutually agreed drawings, specifications, and written manufacturing requirements.
6. Limited Warranty
Marik warrants that its products shall be free from defects in workmanship and material and shall conform to the mutually agreed customer drawings, specifications, and written manufacturing requirements at the time of shipment.
Marik's liability for any breach of this Limited Warranty shall, at Marik's sole option, be limited to repair, replacement, or credit/refund not exceeding the purchase price of the affected products.
This Limited Warranty constitutes the Customer's exclusive remedy.
7. Warranty Period
This Limited Warranty commences upon delivery of the first shipment and expires forty-five (45) days thereafter, unless expressly written in writing and agreed to by an authorized Marik Spring representative.
8. Inspection & Claims
Visible shortages, shipping damage, and readily apparent defects must be reported in writing within fifteen (15) days of delivery.
Claims alleging breach of the Limited Warranty or manufacturing nonconformance must be submitted in writing within forty-five (45) days after delivery of the first shipment.
Failure to provide timely written notice shall constitute a waiver of the claim.
9. Disclaimer of Warranties
Except for the Limited Warranty expressly stated herein, Marik disclaims all other warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, application performance, service life, fatigue life, cycle life, or non-infringement.
No warranties extend beyond the descriptions contained herein.
This Limited Warranty is the sole and exclusive warranty provided by Marik.
10. Limitation of Liability
Marik shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of use, production downtime, loss of profits, recall costs, field service expenses, loss of business, or third-party claims arising out of the sale or use of its products.
Marik's total liability arising from any claim shall not exceed the purchase price of the affected products.
11. Material Pricing
Due to volatility in raw material markets, including steel, all quotations and pricing remain subject to adjustment until Marik has procured the material required for the order.
Pricing is based upon the Price in Effect (P.I.E.) at the time material is purchased unless otherwise agreed in writing.
12. Returns
No products may be returned without prior written authorization from Marik.
An approved Return Material Authorization (RMA) number must accompany all authorized returns.
13. Overage / Underage
Unless otherwise agreed in writing, shipments may vary by plus or minus ten percent (±10%) of the ordered quantity.
The Customer agrees to accept and pay for the actual quantity shipped.
14. Changes to Specifications
After acceptance of an order, any customer-requested changes to drawings, specifications, quantities, delivery schedules, packaging, or other order requirements may result in revised pricing, production schedules, lead times, or cancellation charges. Marik reserves the right to evaluate and approve such changes before implementation.
15. Force Majeure
Marik shall not be liable for delays in performance or failure to perform caused by events beyond its reasonable control, including but not limited to shortages of raw materials, labor disputes, transportation interruptions, equipment failures, utility outages, governmental actions, natural disasters, pandemics, or other force majeure events.
In such events, delivery schedules shall be extended for a commercially reasonable period.
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