Terms of Service
[1.0] Prices
All prices, discounts, and quotations are subject to acceptance by Smith Machine Dynamics. If a price change is necessary after order acceptance, we will seek your approval prior to shipment. Otherwise, the order may be canceled. We reserve the right to correct any apparent errors in specifications or pricing.
[2.0] Payment Terms
Payments are due upon receipt unless prior credit arrangements have been approved by Smith Machine Dynamics. All invoices are issued and payable in U.S. dollars (USD).
[3.0] Taxes
Applicable taxes, including sales, use, or other taxes related to the purchase, delivery, or consumption of goods or services, shall be added to the invoice unless a valid exemption certificate is provided.
[4.0] Shipping and Freight
All goods are shipped F.O.B. (Freight On Board) Houston, TX. Shipping costs, including any additional handling or accessorial charges, are the customer's responsibility unless otherwise stated in a written agreement.
[5.0] Materials and Tolerances
Customer-supplied materials are subject to inspection upon receipt. Nonconforming or damaged goods will be reported promptly. Quantities must match the accompanying shipping documentation.
[6.0] First Article Inspection
First Article Orders ensure compliance with customer specifications for newly designed or modified parts. This process confirms our ability to meet your requirements before full-scale production.
[7.0] Order Modifications and Cancellations
Changes or cancellations require written agreement. Costs incurred up to the point of modification or cancellation may be charged to the customer.
[8.0] Delivery Commitments
Estimated delivery dates are provided as guidance. Smith Machine Dynamics is not liable for delays caused by circumstances beyond reasonable control, including supply chain disruptions or natural events.
[9.0] Performance Suspension
If payment obligations are not met or financial instability is apparent, Smith Machine Dynamics reserves the right to suspend performance or halt shipments without liability.
[10.0] Claims and Disputes
Claims related to damaged or missing goods must be reported immediately upon receipt. Special packaging requests will incur additional charges.
[11.0] Tools and Ownership
Any tools or fixtures developed for production remain the property of Smith Machine Dynamics, even if partially charged to the customer.
[12.0] Intellectual Property
Customers are responsible for ensuring that supplied designs or specifications do not infringe on third-party intellectual property rights. Smith Machine Dynamics disclaims liability for such issues.
[13.0] Indemnification
Customers agree to indemnify and hold harmless Smith Machine Dynamics and its employees from liabilities arising from misuse of goods or services or non-compliance with applicable regulations.
[14.0] Compliance with Government Regulations
Contracts subject to government regulations will adhere to applicable procurement standards and clauses as required by law.
[15.0] Warranty
Goods and services are warranted to conform to the stated specifications. Remedies are limited to repair, replacement, or refund, at our discretion.
[16.0] Arbitration
Disputes arising under these terms will be resolved through binding arbitration, following the rules of the Federal Arbitration Act.
[17.0] Entire Agreement
These terms represent the complete agreement between Smith Machine Dynamics and the customer. Modifications require written consent.