Terms and Conditions
Delivery The customer usually wants to know when the merchandise will be delivered, but the manufacturer has no control over the time in transit so our quoted delivery date is really the anticipated ship date, and is shown as a ship date on all quotations. All quoted ship dates are our best estimate of when we expect to have the product ready to ship; we never quote a shorter delivery just because the customer wants us to ship sooner than we think we can.
Shipping charges Domestic customers are quoted unit prices, FOB destination, that include shipping charges for FedEx 2day® service for any shipments to addresses within the contiguous 48 states. Note, however, that although other shipping methods and services are available, the customer will bear the full amount of actual shipping charges if any other carrier is specified, or for any other class of FedEx Express or FedEx Ground services; any such shipment will be FOB Santa Ana, California.
International customers are quoted prices that are FOB Santa Ana, California, and therefore do not include shipping charges for any shipment outside of the contiguous United States; the carrier and type of service for international shipments must be specified by the customer.
The customer may specify any payment method for shipping charges that are the customer's responsibility, such as, prepay and bill, bill to customer's account, freight collect, etc.
Payment terms With few, if any, exceptions customers will be granted a 2% discount from the amount invoiced if payment is made within 10 days of the invoice date; otherwise payment is due within 30 days of the invoice date. Terms will be stated on all quotations. Customers that are tempted to take the 2% discount for payments beyond ten days should realize that we will be tempted to add 2% to our quoted prices if we see a pattern developing. Customers that are tempted to pay late should realize that we will be tempted to ship late.
Payment methods Just about anything, paper or electronic, will probably be acceptable, but unless mutually agreed in advance of order acceptance by Hyperion Electroforming, Inc., payments will be made by company check denominated in US dollars and drawn on a bank located in the United States.
Taxes, Duties, etc. For all shipments within the state of California the customer must provide written evidence in the form of a "resale certificate" indicating that the transaction is not subject to the California sales and use tax. A form for this purpose can be found at: http://www.boe.ca.gov/pdf/reg1668.pdf (but note that to view this file Adobe Acrobat Reader is required). This link also includes the regulations.
Since the seller is responsible for payment of the sales and use tax, Hyperion Electroforming, Inc., requires that all California customers provide the necessary documentation if an exemption is claimed; complete documentation must be provided by the customer prior to shipment or the appropriate amount of sales and use tax will be added to the invoice. In the unlikely event that a customer located in California is buying product for consumption, rather than for resale, we must collect the sales and use tax that is due.
Payment for all other taxes, including duties and customs fees for international shipments, is the responsibility of the customer.
Title The FOB point determines where title transfers from seller to buyer.
Warranty Unless an order is quoted as "best effort" or with other qualifications (typically regarding the mass of the finished part, but there could be other qualifications) our warranty policy is simple: When a product is shipped it will meet the customer's specifications, but if for any reason the customer is not satisfied with the product it may be returned for full credit. We would, of course, like an opportunity to repair or replace the product but we will not insist upon doing so.
Termination of orders Occasionally a customer may wish to cancel an order, and if so, Hyperion Electroforming, Inc., will bill only for work actually performed prior to being notified of the customer's intent to cancel. If Hyperion Electroforming, Inc., is obligated to any third parties performing work on the cancelled order, those costs will also be billed to the customer. There is no fixed cancellation fee.
Disputes Let's be realistic: Even if we had several more pages of terms and conditions, that would not change the fact that all of the companies doing business with Hyperion Electroforming, Inc., are larger (or much larger) businesses, so what's the point of quibbling over what state's laws will govern our transactions, or how we would settle disputes, or even defining any more terms and conditions? We don't expect any transactions to get to this point but should it happen we prefer to appeal to your sense of fair play in resolving any disputes that might arise.