Notes, Terms and Conditions

  • Packaging: TBD and will be added to the price when the final specification is available.
  • Design changes: May change final tooling and component price.
  • Resin Price: Prices are based on polyethylene costs as of today.  Changes in resin will effect final pricing up or down. API will review this cost 30 days.
  • Shipment quantities:  API reserves the right to ship +/- 10% over or under on production runs with no penalties or fee.
  • Preliminary Estimates:  Final design review may affect the prices as stated above.
  • Freight:  Component freight is FOB: Baltimore, MD
  • Payment Terms:  Net 30 Days from date of invoice. Invoices not paid in 30 days are subject to an interest charge of 1.5% compounded daily starting 31st day of an outstanding invoice.  In addition to the interest payment, invoices that remain unpaid over 60 days will result in having current and future orders terms changing to COD.
  • Component Liability:  API will not be held responsible for any indirect or consequential damages as a result of a defective including, but not limited to, lost production, sales, or profits and cost of capital in the event the seller breaches the contract. API agrees that if a defective product is found within 30 days of shipment from API and API agrees that it is a defective product produced as a result of our manufacturing process, API will be held liable for the replacement of that product at API’s expense.  The purchaser agrees there is no other liability claims directed to API.
  • Mold Maintenance (if desired) covers the following:  Teflon, parting line mis-match, core pins, insert rods and bushings, standard wear and tear, al items.  Price for maintenance is not included in the component price.
  • Tooling lead-time:  The time line does not start until the following three items are received by API:  Purchase order, 50% down on the tooling and an upon final design.
  • Terms of payment on all molds, fixtures or engineering services:  50% down, 40% upon delivery of tool to API, and 10% from the first sample.
  • Tooling or fixture engineering changes:  Any engineering changes will result in the immediate invoice of 100% of the balance of the unpaid portion of the original purchase order.  The new engineering change purchase order would then be placed on a new payment schedule.
  • Fixture & tooling freight:  All freight charges responsibility of the customer.
  • Maryland state tax issues:  Tax exemption numbers must be presented if applicable otherwise a 5% tax will be added to all invoices.
  • Quotation time effectiveness:  Quotation prices are effective for 30 days from the date of the quotation.  Lead times quoted are estimates only and are subject to change for any reason at any time without penalty to API.  Estimated delivery dates will be provided when API receives the written purchase order.
  • Cancellations:  Design tooling, component and engineering services, once accepted to API, are not subject to cancellation by the purchasing without written approval be API.  The purchasing company agrees to pay for all work in progress, raw materials, supplies, commercial components, and engineering services for which have been up to the date of cancellation been performed by API or their suppliers.
  • Additional Terms:  Advanced Packaging Inc. does not accept any terms contained in any of the purchasing company’s forms, which may modify or the terms herein.  Any conflict’s that result in litigation will be litigated in the State of Maryland.  The customer and Advanced Packaging Inc. agree to the following:  (a) all intellectual property rights applicable to the product (except manufacturing techniques employed by Advanced Packaging’s) including production design, specifications, performance criteria, ingredients, and similar information shall be the sole and exclusive property of Customer; (b) Customer shall be exclusively responsible for verification that the product will perform in a satisfactory manner; (c) Customer shall be solely responsible for verification that the product does not infringe upon the intellectual property rights, including patent rights, of any other person; and (d) Customer shall be exclusively liable for warranty and product liability claims of third parties associated with the product.  Customer agrees to defend, indemnify, and hold harmless Advanced Packaging Inc. from all claims, actions, causes of action, damages, losses, costs and expenses (including reasonable attorney fees) associated with or arising out of use of the product by any person. (e) Any Freight charges incurred shall be the responsibility of the customer.  (f) Lead time quotes are estimates only and are subject to change for any reason at any time without penalty to Advanced Packaging Inc.

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Kenneth Burkom

Advanced Packaging Inc

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