Terms and Conditions
Following are the terms and conditions of all orders with Stone Medical. These conditions apply unless other terms are agreed upon and detailed in Stone Medical’s quotation.
CONTRACT TERMS: The sale and shipment of goods by Stone Medical to the Buyer will be subject to these terms and conditions UNLESS the Buyer notifies Stone Medical (in writing by certified mail/return receipt requested) within three days after receipt of the order acknowledgement by the Buyer. Without such notification, acceptance of the terms and conditions by the Buyer will be assumed.
SAMPLES: Stone Medical will provide samples for approval, if requested, at the start of operations for any order; but Stone Medical machines may start production as soon as they are set correctly to the Buyer’s specifications, and Stone Medical will be responsible for the product being in conformity with these specifications while waiting for the Buyer’s approval.
Any changes in the original specifications will be made ONLY at the direction of the Buyer and at their expense. Stone Medical must be notified IMMEDIATELY, by telephone or fax with written confirmation, of changes to be made. If the Buyer wants to use the samples to test a design, the Buyer should include this in the quotation as to withholding production for an agreed upon time.
QUANTITIES: Stone Medical quotations are based upon the Buyer’s acceptance of over-run or under-run on each individual item, not exceeding 10% of the quantity ordered. Stone Medical’s responsibility is to deliver a quantity of parts within this range unless special arrangements are made.
BUYER’S MATERIAL: Quotations that cover machining of the Buyer’s material are made subject to delivery of the amount of material as specified by Stone Medical in 12′ lengths, F.O.B. Stone Medical’s plant, and are subject to changes if materials furnished by the Buyer are flawed or cannot be machined with reasonable wear on tools at the estimated speed and feed. The Buyer has sole responsibility for chemical and physical specifications and for parts manufactured from the Buyer’s material, according to blueprint specifications; these will be accepted by the Buyer. There is no guarantee on the part of Stone Medical to deliver more than 90% of the ordered quantity (stated in “QUANTITIES,” above).
All work done by Stone Medical will be reimbursed by the Buyer IF any or all of the Buyer’s material is flawed or differs from that represented by either the Buyer or the material’s creator.
THREADS: Stone Medical will use standard, off-the-shelf thread gages to execute external/internal thread validation. Threads will be generated in ANSI Unified Screw Thread profile (to Class 2A and Class 2B tolerances in UNC or UNF configurations) unless stated otherwise.
If the Buyer specifies thread systems, tolerances, or limits that are not standard sizes and tolerances as in the Unified Coarse or Fine Thread Series, any required gages or other metrology equipment the Buyer must provide them or be charged for them by Stone Medical.
EXTERNAL THREADS: It will be understood by the Buyer, when threading to the shoulder is specified—if a relief or undercut of satisfactory width is not provided for—that the last full thread will not be closer to the shoulder than two and one-half threads; and regarding fine pitches, not closer than 1/16″.
INTERNAL THREADS: Blind-tapped holes must not have a full thread closer from the bottom than three and one-half threads; 5/32″ for fine pitches, unless stated otherwise.
GAUGES: Gauges may be provided by the Buyer or supplied by Stone Medical at an extra charge when dimensions cannot be easily gauged with micrometers and need special gauges. Inspection gauges must follow the limits specified in the most recent National Bureau of Standards Handbook H28 entitled “Screw Thread Standards for Federal Services for Inspection Gages.”
INSPECTION: It is presumed by Stone Medical that 100% inspection is not required; inspection by Stone Medical is on a percentage basis. If the Buyer requires 100% inspection, this will be an added cost at the Buyer’s expense. Stone Medical will usually use a 1.0 AQL on critical part features (when no other requirements are stated).
It must be stated by the Buyer in writing if special lot or shipment acceptance conditions are needed PRIOR to Stone Medical’s quotation. This includes sampling plans or statistical data. If not, Stone Medical reserves the right to amend their quotation or price of delivered part(s) to accommodate the Buyer’s requirements.
TOOLS, TOOLING CHARGES, FIXTURES, ETC.: Separate quotation for, or payment by the Buyer for tools, tooling charges, fixtures, etc., supplied by Stone Medical, does not ownership or right of removal from Stone Medical’s factory. This includes tools, dies, jigs, fixtures, programs, gauges, and their engineering and design. These are considered essential parts of Stone Medical’s manufacturing processes.
PATENTS: The Buyer will protect and reimburse Stone Medical for any and all expenses and damages due to claims of patent infringement relevant to filling the Buyer’s order. Stone Medical does not want to manufacture any product that is an infringement of a patent, including individual parts or assemblies.
SHIPMENT AND SHIPMENT TERMS:
The Buyer should always state the shipment method desired. If not, Stone Medical will decide whether shipment be by air or rail express, truck or parcel post. When deemed necessary by Stone Medical, the shipment will be insured at the Buyer’s expense unless the Buyer does not want the insurance. The Buyer accepts freight cost and liability for loss or damage to product(s) when the product(s) have left Stone Medical’s facility. All orders are sold F.O.B. shipping point. TERMS: F.O.B. Stone Medical, 17 Cross St. Unit #8, Plainville, MA 02762.
DELIVERIES: Stone Medical is responsible designating the resources needed to meet the delivery schedule and subsequent costs quoted to the Buyer. Stone Medical is not responsible for default/delay in production or delivery of goods in part or in whole of order contract DUE TO: (1) accident to, or breakdown of Stone Medical’s facility machinery or equipment; labor disputes; fire; riots; national emergency; supplier delays; carriers; or government restrictions, prohibitions; or allocations; or (2) any cause beyond Stone Medical’s control. Stone Medical will never be liable for consequential, special, or contingent damages resulting from Stone Medical’s default or delay in order filling.
DELIVERY SCHEDULES: Orders are approved for delivery as quickly as they are manufactured, by complete, bulk-packed shipment. If special delivery schedules and lot quantities are necessary, it should be stated in the quotation. This may affect price.
QUOTATIONS AND ACCEPTANCE: Orders and contracts are to be accepted at Stone Medical’s home office ONLY. Pricing can be adjusted when there are changes in the cost of raw materials (even if this is before the order is completed). If there are typographical errors, they are allowed to be corrected.
CREDIT: Accounts are opened only upon credit approval. Stone Medical can decline delivery and require cash-only payment if Stone Medical has any trepidation regarding the Buyer’s financial condition.
TAXES: Federal, state, county, or municipal taxes upon the manufacture, sale, or use of the product(s) purchased that are required to be paid by Stone Medical will be added on to the amount to be paid by the Buyer. The Buyer will provide evidence of exemption if it applies. Custom duties or taxes are NOT included in price; the Buyer will reimburse Stone Medical for any duties or taxes that Stone Medical may pay or be assessed.
CANCELLATION: Orders and deliveries can be cancelled by the Buyer ONLY with the written consent of Stone Medical and ONLY on the condition that the Buyer is liable and pays Stone Medical for all complete/incomplete work, which will cover Stone Medical’s costs/lost profits; this includes the unit sales price of completed work, work in process on the basis of the percentage completion, raw material costs, unamortized tooling costs, engineering, handling, overhead charges, any of Stone Medical’s cancellation charges, and lost profits. Cancellation charges will be assessed at the time of cancellation.
CLAIMS: When and if the Buyer claims that product delivery is not as ordered, Stone Medical must be notified within fifteen (15) days of the shipment’s delivery. If the claim is warranted, Stone Medical will repair, replace, credit, or complete the order, at Stone Medical’s discretion. Stone Medical will be able to inspect the product(s) at the Buyer’s location if they so decide OR take back the product(s) and decide whether to replace them or offer credit to the Buyer.
Costs for repair or inspection of product(s) by the Buyer without the authorization of Stone Medical will not be paid.
The procedure for claims for shortage of goods is as follows: The claim must be presented within fifteen (15) days from the delivery date must include the packing slip number, weight including [tare?], and the process used in counting of the parts. If this procedure is not followed, claims involving mistakes in weight or shortage, will be waived. Stone Medical may ask that the entire shipment be returned in order for them to fully evaluate. Stone Medical will not allow claims on goods that were further processed by the Buyer and resulted in a difference of dimension or characteristic from that which was ordered.
WARRANTY: Stone Medical warrants that products manufactured by them will conform to the drawings and specifications provided by the Buyer. If the products manufactured by Stone Medical are observed, within six (6) months, to be defective in material or workmanship when compared to the Buyer’s written specifications, written notice must be received by Stone Medical no later than seven (7) months after the delivery to the Buyer. Stone Medical will then, at their discretion, provide credit, repair, or replace the products determined by Stone Medical to be defective, regardless of limitations under “Quantities,” above.
Stone Medical can opt to inspect the goods at the Buyer’s location or authorize their return. Stone Medical will not be liable for expenses, including inspection expenses, acquired by the Buyer in order to fix defects in those goods. No products are to be returned without written consent of Stone Medical.
Products provided by Stone Medical but manufactured by others are limited to the original manufacturer’s warranty and Stone Medical will not be liable for defects in those products.
Because products provided are to the Buyer’s specifications and are used/combined by the Buyer with other equipment/components NOT provided by Stone Medical, the Buyer agrees to compensate Stone Medical for all claims that result from using or incorporating those products in the Buyer’s product.
This Warranty is in lieu of any other warranties and liabilities, including but not limited to any warranty of merchantability of fitness for any purpose and any liability for damages resulting from the use of the products sold. The foregoing states Stone Medical’s entire and exclusive liability and the Buyer’s exclusive and sole remedy. Stone Medical will not be liable for any consequential, special, or contingent damage or expense resulting directly or indirectly from any defects in their products or from the use of their products; no other person is authorized to assume such liability for Stone Medical.
LIMITATIONS: Any claim resulting from, or relevant to, this contract or its breach, must be begun within one (1) year after the cause of the action happened.