1. ACCEPTANCE: All orders shall be subject to acceptance in writing by King's Marking Service Inc. 1916 Doreen Ave, South El Monte, CA 91733
2. PRICES: Quoted prices are subject to prompt acceptance only, and are subject to change without notice until such time as an order based on such prices is accepted in writing by King's Marking Service Inc.
3. TAXES: All prices are subject to surcharge equal in amount to any taxes which Seller maybe required to collect or pay upon individual sales of products, and any tax now in force or which maybe enacted by federal, state, local and any other government agency, which is measured in whole or part by the amount of such sales. If such surcharge is not included in the invoice for the products, it maybe invoiced at a later date.
4. DELIVERY & TITLE:
A) All products shall be delivered FOB, factory, South El Monte, California, consigned to Purchaser or as Purchaser may direct. Pick up by carrier shall constitute transfer of title to the products and such carrier shall thereafter be acting for the Purchaser, and the products shall thereafter be at the Purchaser's risk.
B) It is understood that the quoted price for artwork, pattern and tooling or tooling prep charges are only an estimate of a portion of our cost. As such, these prices do not consititue a sales price. Right of possession and removal from King's Marking Service Inc premises will require payment of original manufacturing cost plus an additional 25 (twenty-five) percent.
5. SHIPPING DATE: The shipping schedule for products starts with written acceptance of any order by King's Marking Service Inc: but in the case of products of special design, the shipping schedule will not start until the receipt by King's Marking Service Inc of all information necessary to design and manufacture of such products.
All shipping schedules for products are subject to:
a) Strikes, labor problems, material shortage, accidents and all causes of like or different character beyond King's Marking Service Inc reasonable control, including any priority system established by the United States Government or any of its agents (in which case the applicable priority rating must be indicated on each order.)
b) The condition that King's Marking Service Inc shall recieve at least two weeks prior to the scheduled shipping date all samples, gauges, or any other items needed to complete test of products before shipping.
c.) The condition that shipping dates are approximate. Time needed for such items as debugging and run-off of tooling and fixtures cannot be predicted exactly. King's Marking Service Inc will use its best effort to maintain established delivery dates as closely as possible.
d.) The "shipping date" designated in a Purchaser's Order is the date product is to be shipped from the King's Marking Service Inc Factory.
6. TERMS: Terms of first order will always be C.O.D. Once positive credit information has been obtain the terms are net thirty (30) days from the date of the invoice. Dollars credit limits will be determined by the Credit Department of King's Marking Service Inc.
7. GUARANTEE: King's Marking Service Inc guarantees, all workmanship for a period not to exceed SIX (6) MONTHS from the date of the original invoice, provided written notice of defect or rejection is received by King's Marking Service Inc with the same six (6) months, King's Marking Service.
LIABILITY UNDER THIS WARRANTY IF LIMITED TO NO MORE THAN THE UNIT PRICE
BILLED BY KING'S MARKING SERVICE INC ON THE ORIGINAL INVOICE.
King's Marking Service Inc makes no warranty, express or implied, relating to merchantability, fitness, or otherwise except as stated above is in lieu of all others, whether
based on warranty or negligence, arising out of or in connection with the use or performance of end products or service, it being expressly understood that King's Marking Service Inc shall in no event be liable for any indirect or consequential damages including loss of anticipated profits or production, spoilage of materials, performance penalties, increased cost of the operation or otherwise.
8. ACCEPTANCE: Orders will be accepted subject to the condition that the Purchaser or Agent agrees not to countermand or cancel said other or to otherwise cause the work or shipment to be delayed, except with the consent of and upon terms agreed to by King's Marking Service Inc.
