FORECAST PRODUCT DEVELOPMENT
Standard Terms and Conditions
Offer and Acceptance. This document from FORECAST3D contains the entire terms and conditions associated with this transaction. FORECAST3D objects to any different or additional terms or conditions contained in any request for quotation, purchase order or other document of the Buyer, and no such different or additional terms shall be effective or binding upon FORECAST3D unless agreed to in writing and signed by an officer of FORECAST3D. If the Buyer issues a purchase order or other writing addressing the subject matter of this transaction, that writing shall be for the Buyer's internal purposes only and the terms and conditions contained therein shall have no force or effect, unless agreed to in writing and signed by an officer of FORECAST3D.
Quotations. Quotations are valid for 90 days unless stated otherwise and are subject to review upon receipt of finalized engineering data. Any reduction in quantity will necessitate a revised quotation. Minimum order of $150.00 required on all jobs. All electronic data will be held on file for 30 days after quotation has been distributed.
Ordering. Delivery estimates are subject to confirmation at time of order. All electronic data will be held on file for 60 days after receipt of order. Should customer request changes to mold or part once job has started additional cost and time may be incurred. Adjustments will be sent to customer in writing for approval prior to resuming.
SLA/SLS Projects. Forecast Standard Guidelines and Tolerances apply to all SLA/SLS projects. SLA/SLS projects require that .STL or solid surface .IGS files be either provided by the client or created by Forecast. This creation can be quoted on request. Standard procedure is to finish only the obvious show surfaces of SL Pattern. Customer must advise if other surfaces should be finished as well.
ProCast/Hybrid Projects. Forecast Standard Guidelines and Tolerances apply to all ProCast projects. SL Patterns are subject to breakage during molding, we are not responsible for broken patterns. SL Pattern review prior to molding is highly recommended. The client has the right to decline this review only on the condition that they accept full responsibility for all charges incurred. Similarly, if a casting first article review is declined, Forecast will continue with production and the client accepts full responsibility for all charges incurred. Mold reorders (castings from existing molds) are subject to a minimum $100.00 Mold Prep charge per mold. All tooling is property of FORECAST and will be archived for six months. Tooling is destroyed after this archive period.
CNC. A CNC setup charge will apply to each batch of CNC parts that are not produced in succession. Thus election of a CNC first article review will result in an additional setup charge.
Injection Mold. See specific notes at http://www.revaplastics.com/terms, our sister company.
Shipping All items INCOTERMS EXWORKS Carlsbad, CA. Client is responsible for all shipping and handling charges. Forecast cannot be held liable for parts damaged in transit. A specific shipment method may be requested at time of order if an account number for billing is provided, but Forecast reserves the right to choose alternate shipping if deemed necessary.
Billing. All prices in U.S. dollars, buyer is responsible for paying duties, levies, and taxes which are extra. Payment terms are NET 15 upon approved credit, unless arranged otherwise. We reserve the right to withold shipment of parts if customer's account is in arrears. All jobs in excess of five thousand may require a deposit to begin work. No third party billing will be accommodated.
Returned Product. If you receive parts that are inconsistent with expectations set forth at time of quote, we will gladly either rebuild your parts upon return of original parts or refund your order. Any nonconforming product must be returned in 10 days from receipt for credit/refund. Please contact your project manager for a RMA (Return Merchandise Authorization) number.
Warranties, Liability, Workmanship. FORECAST3D assumes no responsibility for the design of the goods that are the subject of this transaction. To the extent that FORECAST3D's personnel recommend design modifications or provide design analysis, simulation or advice, they do so to help meet the requirements of FORECAST3D's own manufacturing process. These recommendations should be reviewed and verified (by Buyer) prior to beginning the process. All recommendations do not have guaranteed results but are used as general practice. Buyer retains sole legal responsibility for the design specifications and performance of the goods that are the subject of this transaction. FORECAST3D will, to the best of its ability, provide a part representative of the Buyer supplied 3D CAD geometry that conforms to Buyer requested dimensions and tolerances specified on Buyer supplied 2D drawings. This work is done on a "best effort" basis. FORECAST3D is not responsible for incorrect, inaccurate or unaccommodating specifications or desired secondary operations specified by Buyer either verbally or on Buyer supplied 2D drawings. FORECAST3D does not assume any liability for intent of use, regulation, license, or misuse of existing intellectual property including patent infringement, copyright or trademark infringement or other legal conditions that are the responsibility of the products originator or financially responsible party.
Materials. FORECAST3D assumes no responsibility or liability for the selection of any materials for the goods that are the subject of this transaction. Buyer is solely responsible for ensuring that materials selected for goods to be manufactured by FORECAST3D meet any regulatory requirements or specifications including but not limited to Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS Directive) together with any national legislation implementing such Directive, ISO, FDA, UL, CSA, CE, TUV, FCC, NSF, and USP. Any statements made by FORECAST3D personnel or specifications provided by FORECAST3D regarding materials should be verified by Buyer with the manufacturer of that material.
Governing Law; Jurisdiction. The rights and obligations of FORECAST3D and the Buyer under this contract shall be governed by the laws of the State of California (without regard to principles of conflict of law), including the California Uniform Commercial Code. Any suit, action or other legal proceeding arising out of or relating to this transaction shall be brought in a court of record in San Diego County, California or in the courts of the United States located in such county.
Indemnification. Buyer shall defend, indemnify and hold harmless FORECAST3D (and its employees, representatives and agents) from and against all claims, liabilities, losses, damages, penalties, fines and sanctions of any kind (including, without limitation, interest, attorneys' fees and expenses, fines, taxes, penalties or any other governmental sanctions of any kind) (i) resulting from or arising out of any breach of any representation, warranty or covenant of Buyer or its affiliates hereunder; (ii) if Buyer has supplied FORECAST3D with drawings, designs or other specifications for the goods or services, arising out of any assertion that any goods manufactured by FORECAST3D (or the act of manufacturing such goods) according to those drawings, designs or other specifications infringe or misappropriate any patent, copyright, trade secret or other proprietary right; (iii) otherwise arising out of or related to this transaction; or It is specifically understood that Buyer shall indemnify and defend FORECAST3D and hold FORECAST3D harmless from claims that FORECAST3D was itself negligent or otherwise at fault.
Force Majeure. FORECAST3D shall not be liable for any failure to manufacture, deliver or provide, or for any delay in the manufacture, delivery or provision of, any goods to be provided hereunder if such failure or delay is caused by acts of God, fire, storm, earthquake, strikes, blackouts, labor disputes, riots, inability to obtain materials, equipment, labor or transportation, governmental restrictions, serious public health nuisance or any similar cause over which FORECAST3D is unable to exercise control.
FORECAST accepts no liability whatsoever, and is working on a best effort basis, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR ANY OTHER TYPE. This provision shall apply irrespective of whether or not a sample has been delivered to the Buyer. In no event shall the Seller be liable for consequential damages nor shall the Seller's liability on any claim for damage arising out of or connected with the manufacture, sale or use of any of its parts ever exceed the price paid therefore. These terms and conditions are subject to change without notice. If you have any questions regarding this information, please contact us. (800) 549-5414
Revised 12/29/11