3FAB Metal Manufacturing
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GENERAL TERMS & CONDITIONS

1. General Provisions

All quotations for sales of goods or services carried out by 3FAB at the request of the customer are governed by the following General Terms of Sale.  No contrary terms or conditions that are indicated on the customer’s purchase order or its correspondence are binding on 3FAB , unless previously agreed upon.

2. Quotations

Quotations are valid for 14-30 days from the date of issue relative to materials used.  Typographical and clerical errors in quotations are subject to correction.  Quotations are subject to change, at the discretion of 3FAB, to reflect any changes in costs, materials, supplies, taxes, exchange rate, etc. that are beyond the control of 3FAB which occur during the quotation period. Quotations are based on the information (drawings, specifications, instruction, etc.) provided by the customer.  If this information changes at the time of the order 3FAB reserves the right to re-quote the work to reflect any revision in price caused by the changes. 
When CAD drawing files (DXF, DWG, etc.) are supplied by the customer, and are used for quotation and/or manufacturing, 3FAB will not be held responsible for the accuracy of these files.   When possible, 3FAB will check boundary dimensions to determine that the drawings are to scale.

3. Orders

All orders received from customers by PO, email, fax or in writing, are subject to acceptance by 3FAB.  3FAB will confirm the customer’s order by creating an internal Sales Order.  Verbal confirmation of an order will not be accepted.
 

4. Credit and Payment Terms

Credit is offered to approved credit applicants only. Payment terms are net 30 days from receipt of goods by the customer.  First time customers and other customers without credit approval will require COD and/or deposit arrangements confirmed by 3FAB before an order will be accepted.  Overdue accounts will be charged at a rate of 2% per month or 24% per annum.

Customers that are not on account are considered as Cash Sale. Payment for Cash Sales must be made in full prior to receiving goods.  Payments can be made by cash, cheque or credit card (VISA or MasterCard only).

Other payment options such as progress payments, partial deliveries, etc. will be negotiated prior to the acceptance of the order.  Such additional terms and conditions, when negotiated, will be considered as addenda to these terms and conditions, and paragraph 3 will apply.

5. Change Orders

If the customer changes any of the drawings, instructions, specifications, or electronic files during the work, 3FAB reserves the right to issue an additional quotation for the changes should they affect the overall costs of the goods.  This additional quotation could be included in an existing Purchase Order, or submitted separately for a new Purchase Order.  In either event, a new Quotation reflecting the changes will be submitted to the customer for acknowledgement.

6. Title

Title and ownership of goods and risk of loss or damage passes to the customer immediately, once the customer or his agent has received the goods. The customer, or their approved agent, will sign off on a packing slip for receipt of goods/services at the time goods are received.  All sales of goods/services are FOB 3FAB’s shop site unless other terms are agreed upon prior to 3FAB’s acceptance of the order.

7. Delivery

Every effort will be made to meet the promised delivery date.  However, 3FAB shall not be liable for delays in delivery or failure to manufacture or deliver due to: acts of the customer, material shortages, lack of information, miscommunication, or other causes beyond reasonable control.

8. Shipping

It is the customer’s responsibility to arrange for pick-up of goods subsequent to receiving notice of order completion from 3FAB.  All goods are shipped at the customer’s risk, notwithstanding 3FAB may, as an agent for the customer, negotiate and sign on his behalf, a transport contract.  Finished goods shall be deemed delivered when the customer or their agent has signed in receipt.

9. Receipt and Inspection

The customer shall report any errors, missing parts or other anomalies to 3FAB within 7 working days following the date of signed receipt (as per section 8).   Resolution of claims after this period will be at the discretion of 3FAB.  3FAB takes no responsibility for any damage or loss caused by the customer or their agent during transport.  The customer is welcome to inspect goods prior to loading at 3FAB if desired.

10. Order Cancellation

If the customer cancels an order and no work has been performed by 3FAB there will be a cancellation charge of 10% of the sale price of the order to cover handling and administration costs.  Cancellation charges for orders that are in progress will be equal to the actual cost of the work completed to the time of cancellation, plus a surcharge of 25% to cover additional administration, handling, and lost revenue.

11. Customer Material

Customer material supplied to 3FAB shall be accompanied by a packing slip, and be protected in such a way as to maintain the original properties and finish of the material.  3FAB will inspect customer material and will reject any material that does not meet the original specifications of the customer. Rejected material will be returned to the customer at the customer’s expense.

12. Warranty

Customer acknowledges that 3FAB had not made and does not make any representations or warranties, whether express, implied, statutory or otherwise, except that:
The goods supplied shall conform to the requirements of the specifications and descriptions included with the customer’s order, subject to tolerances and variation consistent with usual trade practices.

3FAB shall not be liable in contract, tort or otherwise for any loss, damages, costs, claims, expenses or repairs resulting from any defect, failure to conform to specifications or breach of this agreement whether any such loss, damage, cost, claim, expense or repair is direct, indirect or consequential.  3FAB’s liability shall be limited in all circumstances to the invoice price paid by the customer for the goods at the prices quoted and shall apply notwithstanding any defect in, or failure of, including the total failure of, any goods.

Should any of the goods received by the customer not conform to agreed upon fabrication instructions, as determined by customer’s inspection, specifications, drawings, instructions and descriptions, 3FAB’s only liability will be to replace or repair such goods, or to refund the purchase price, at the option of the customer, provided the terms of payment have been met and the customer notified 3FAB in writing within 7 working days of receipt of the goods. 

Test samples and goods which the customer has cut, processed or altered in any way may not be returned.  Any returned goods must be properly packed and delivered to 3FAB, and accompanied by a list of parts to be returned, and a description of any deficiencies, labeled with the corresponding Invoice and/or Purchase Order number(s).   Any work carried out by the customer, or their agents, to correct non-conformance in goods without 3FAB’s approval will void 3FAB’s warranty on those items, and the remainder of that particular order.  Goods repaired or replaced by 3FAB will be shipped at 3FAB’s expense.

The Customer acknowledges that while they may consult with 3FAB’s staff for assistance, recommendations or instructions in selecting goods, 3FAB does not warrant the suitability or merchantability of the goods, or the fitness of any of the goods for any particular use, purpose or application.

13. Communications

Communications between 3FAB and the customer shall be in writing (email, fax, etc.) where that communication augments or decreases the amount of work or changes the specifications, drawings, and instructions associated with the customer’s Purchase Order.  3FAB reserves the right to re-quote and/or issue a change order for approval by the customer.

14. Documentation, Data and Files

3FAB reserves all rights of ownership and any other user rights in all drawings, sketches, calculations, processes, electronic files and other documents and data that 3FAB has acquired, made or caused to be made in support of the manufacturing process.  During the work and on completion of the order they and any other information provided to the customer by 3FAB to support the work are to be kept strictly confidential and shall be, upon our written request, destroyed or returned to 3FAB, including any copies made thereof.

If at any time these 3FAB documents and data are released to the customer to assist in the quotation, purchase order or change order process they shall not be made available to a third party without written consent from 3FAB. 

15. Entire Agreement

A Sales Order and/or Purchase Order, and these terms and conditions constitute the entire agreement between the customer and 3FAB with respect to the subject matter hereof and supersede and replace all prior agreements, understandings and representations, whether written or oral.
 
     
   
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