Privacy Policy

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1. Agreement The following terms shall prevail as a condition of placing an order with Accurate Sheet Metal, Inc. It is agreed between CUSTOMER and ACCURATE SHEET METAL, INC. (hereinafter called “ASM”) that any sales or extension of credit by ASM to Customer shall be subject to the following terms and conditions of sale. Acceptance by ASM of Customer’s order or Customer’s acceptance of ASM’s estimate or acknowledgement, is expressly limited to and conditioned upon Customer’s Acceptance of and assent to, these terms and conditions and those referred to herein. Receipt and acceptance by Customer of ASM products shall constitute acceptance by Customer of these terms and conditions. These terms and conditions shall govern all sales of goods and extensions of credit to Customer. Any additional, inconsistent, or contrary terms or provisions in Customer’s purchase orders, e-mails, NDA, or other documents submitted by Customer to ASM at any time, whether before or after the date hereof, are hereby expressly rejected by ASM and superseded by these terms and conditions. These terms and conditions shall not be modified or changed in any manner except upon written consent by ASM. If any provision or portion thereof of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law.

2. Credit Terms Upon approved credit, Customer agrees to Net 30 terms. 

3. COD Payment Any Customer who is not approved for Net 30 terms shall submit payment upon receipt of product. Larger orders will require 50% down and balance due upon receipt of product. Orders may also be paid by check, cash, or credit card. Credit card payments are subject to a 3.75% payment processing fee which is non-refundable under any circumstances. A $30 fee will be charged for all returned checks, and legal action may be taken if an NSF is not settled.

4. Finance It is agreed as a condition of sale that all invoices are subject to an interest charge of 18% per annum on any past due balance, and that said amount is reasonable in light of the anticipated or actual harm caused by the default or breach by Customer. 

5. Default In the event any part of any sum owing from Customer to ASM becomes past due and payable in full at the option of ASM, ASM shall also, at its option have the right to discontinue any further sales or extension of credit to Customer. Waiver of one default shall not be deemed a waiver of any other default or breach by Customer. In the event of default, ASM reserves the right to modify any payment terms prior to shipment, require payment in advance, or delay, reschedule or cancel any shipment or order for any reason (including Customer’s creditworthiness). ASM may also declare all outstanding invoices due and payable immediately.

6. Litigation The Customer accepts responsibility for all attorneys’ fees, court costs, consultant’s fees, collection fees and costs, interest, and related expenses incurred in the event payment is not made in a timely manner and proceedings are brought by ASM to collect sums owed, whether or not ASM proceeds against Customer for the same. The Customer agrees that in the event of a lawsuit or action, the same shall take place in Maricopa County, Arizona.

7. Order Acceptance Due to market volatility, ASM must verify all pricing and terms at the time of order acceptance. Prices are subject to change due to a supplier’s price increase or quoting errors. Unless otherwise stated on ASM’s quotation, prices are for products only and do not include taxes, freight, or any other charges or fees for additional services or expenses, including but not limited to inventory financing charges, increased freight charges, increased operating expenses, and costs incurred in holding Customer inventory more than 30 days beyond the scheduled deliver date (collectively, “Additional Fees). Customer is responsible for any and all Additional fees. 

8. NCNR ASM is a fabricator of custom sheet metal products. As such, all orders are Non-Cancellable Non-Returnable once the order has been confirmed or acknowledged by ASM. If ASM authorizes the cancellation of any such order, then Customer shall be liable to ASM as follows: (i) for cancellation of an order for such Products for which ASM’s production is within thirty (30) days of the scheduled completion date, ASM shall complete such production and hold such Products for Customer’s disposition, with Customer liable to ASM for full payment within thirty (30) days after completion, or (ii) for cancellation of an order for such Products for which ASM’s production is not within thirty (30) days of the scheduled completion date, Customer shall pay ASM (A) the actual costs and overhead expenses, determined in accordance with generally accepted accounting principles, for work in progress, order entry expenses, engineering process expenses and costs of materials and supplies procured or for which definite commitments have been made by ASM in connection with Customer’s order and (B) twenty percent (20%) of the contract price on the Order Acknowledgement. Unless otherwise agreed by ASM in writing, under no circumstances shall Customer have the right to delay shipment, delivery, or acceptance of Products hereunder.

9. Change Orders. Any revision request to the order that changes the design or scope of the work, the contract sum, or the desired release date requires a change order fee of $85 per line. This fee shall be added to the Purchase Order or submitted at the time of the request, prior to ASM estimating the additional costs, lead time, or expedite fees incurred if the changes are approved. 

10. Expedite Fees Expedite fees shall be the minimum of 10% of the order, $85, or more as estimated by ASM.

11. First Article Inspection Report Any request for First Article Inspection Reports must be quoted and indicated as a separate billable line item on the Purchase Order. The FAIR will be provided at the time of delivery and does not include an additional inspected product unless specifically requested and confirmed on the Order Acknowledgement.  

12. Prototypes Orders for Samples or Prototypes must be quoted separately and shall not be pulled from part of a larger production run due to the nature of ASM machinery setup. Any revisions made to the drawing following prototype review may require requote of the final product design.

13. Delivery Lead times do not begin until a valid PO and current drawings are received. Drawing revisions reset the lead time. Release dates are estimates only and are subject to ASM’s timely receipt of supplies and circumstances beyond our control. ASM shall, in good faith, endeavor to ship by the estimated shipping date but reserves the right to vary such date free of any liability to Customer. ASM shall not be responsible or liable for any loss or damage whatsoever incurred by Customer, including loss of income, profits, incidental, special, or consequential damages resulting from ASM’s delayed performance in shipment and/or delivery of the Products for any reason whatsoever. 

14. Shipment Any special packaging or shipping requirements must be indicated on Customer’s request for quote and purchase order. Standard shipping is UPS ground collect or Customer pickup as indicated on the estimate. If Customer’s UPS account number is not provided, ASM may elect UPS prepay and add. Any changes to shipping method or insurance requirements will be invoiced to Customer. Title and risk of loss to products is FOB Shipping Point and shall be deemed to pass to purchaser at point of shipment. It is the Customer’s responsibility to secure the load of any items being transported to and from ASM using their own vehicle. ASM will make every effort to properly protect shipment for transport but shall not be held liable for any loads that do not reach their destination or that may result in damage or loss of items due to the loading or packing of any items.

15. Discrepancies Any shipping or invoice discrepancies must be reported to ASM within 48 hours of receipt.

16. Sales Tax & Payment For Customers located in Arizona, a current and valid Arizona Transaction Privilege Tax License Certificate must be on file at the time of your order or sales tax will be collected. If an invoice is processed with tax a refund cannot be issued. The Customer is responsible to pay all applicable sales tax on the order.

17. Abandoned Orders Any samples, products, or material left on site after 30 days becomes the sole property of ASM. Charges incurred for products and services provided will remain outstanding and materials may be sold to recoup all or part of amounts owed, including any collection or attorney fees needed to collect on the debt.

18. Production Warehouse Customers may not enter any work areas without a scheduled appointment and accompanied by authorized personnel. ASM will not be responsible for injuries resulting from unauthorized entry. 

19. Insurance ASM maintains general liability, auto, and workman’s compensation insurance policies. A comprehensive aviation manufactured products liability insurance policy is the responsibility of the designer and at no such time will ASM accept any responsibility for any part, device, or apparatus that is involved in any sequence of events that causes an aircraft to fail. By purchasing from ASM, the Customer agrees to maintain a liability policy which protects ASM against third party liability arising from physical damage or bodily injury as a result of an alleged product failure or defect. Aircraft Products shall be deemed to include a missile, spacecraft, satellite, spaceship, or launch vehicle and any ground support or control equipment, and any component manufactured or installed and used in connection with any aircraft or for spare parts for aircraft. This policy shall specifically include the manufacturing, distribution, design, and/or installation of aircraft products. Customer shall indemnify, defend and hold ASM harmless from any claims resulting from or arising out of: (i) ASM's compliance with Customer's designs, specifications, or instructions; (ii) modification of any Product by a party other than ASM; (iii) use of Products in combination with other products; (iv) use of Products not authorized as described above; or (v) use of Products and related technology in chemical, biological, or nuclear weapons; rocket systems (including ballistic missile systems, space launch vehicles, and sounding rockets); or unmanned air vehicles capable of delivering same, or in the development of any weapons of mass destruction.

20. Copyright The responsibility to ensure that the product manufactured does not infringe upon the rights, copyright, trademark, or patents of others rests solely with the Customer. By submitting a product to ASM for manufacture, the Customer assumes full legal and financial responsibility for defending any claims that the product infringes upon the rights of another, including the defense of ASM.

21. Proprietary Information This Agreement and all notes, brochures, technical information concerning processes, devices, machines, marketing strategies and techniques, manufacturing methods, catalogs, listings, sales forecasts, agreements, know-how, designs, drawings, specifications, data sheets, memoranda, correspondence, tooling, or special purpose manufacturing prototypes or samples (“Proprietary Information”) supplied to Customer by ASM are, and shall remain, the property of ASM. Customer shall not at any time disclose or make available to any person, firm or corporation, other than ASM, Proprietary Information or use such information for any purpose other than the purposes for which supplied hereunder, and shall provide effective security measures to prevent unauthorized persons from obtaining Proprietary Information. ASM grants no rights to Customer under any ASM patent, design patent, copyright, trademark, or know-how, except as may be necessary to fulfill ASM’s obligations under Customer’s order.

22. Warranty ASM guarantees its workmanship for 30 days following delivery. All transferable warranties made to ASM by the manufacturer of goods shall be made available to Customer. ASM makes no warranty or representation regarding drawing accuracies, which are the responsibility of Customer. All reports of non-conformance must be received by ASM prior to 30 days from the date on the Packing List. ASM will provide an RMA form for Customer to complete. While we take care in the manufacture of Customer products, it is commercially impossible to detect all errors and imperfections. Therefore, no other warranty is given, and all affirmations, samples, or models made or shown are for illustrative purposes only. The above warranty is expressly in lieu of all other warranties and representations, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event will ASM be liable for any indirect, special, incidental, consequential, or other damages of any nature or description, damages resulting from any use or misuse of any product or any act or omission by us, nor will we be liable for any breach of warranty (or other obligation binding upon us) in an amount greater than the purchase price of the product actually paid to us. This warranty specifically excludes removal, transportation, reinstallation, finish, refinishing, silkscreen, marking, disassembly, or any other costs or consequential damages. This warranty is strictly limited to the sheet metal component provided and services performed by ASM. We may, at our discretion, choose to cover some of these costs, but are in no way contractually obliged to do so, and doing so does not waive any of the other terms of this warranty. In the event of a defective product, we will do our best to deliver replacement parts expediently. 

23. Product Return 

a. Customer may return products to ASM only with an RMA number issued by ASM. 

b. An RMA shall be issued by ASM subject to the following:

i. Returns for Visual Defect: ASM receipt of written notice of any damage to outer packaging, damage to products, shortage of products, or other discrepancy (“Visual Defect”) within 48 hours after receipt of the shipment; otherwise, Customer is deemed to have accepted the products;

ii. Returns for Product Warranty: ASM receipt of written notice stating the specific product defect within the warranty period;

iii. The defect noted under (i) or (ii) was caused solely by ASM;

iv. The defect noted under (I) or (II) is not damage, shortage, or other discrepancy created by Customer, a carrier, a freight provider, or any third party;

v. Customer must return the products to ASM in compliance with the instructions in the RMA provided by ASM; and

vi. ASM’s assessment of returned products confirms eligibility for return under this section. 

c. ASM may return products not eligible for return on a freight collect basis or hold such products for Customer’s collection and account at Customer’s expense.

24. Non-Discrimination The Federal Equal Credit Opportunity Act prohibits credit grantors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status or age; because all or part of the Customer’s income derives from any public assistance program; or because the Customer has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning these credit grantors is the Federal Trade Commission. 

25. Guaranty Any married person who signs this Guaranty hereby expressly agrees that recourse under this agreement may be against both separate property and community property. For valuable consideration, receipt of which is hereby acknowledged by the Customer and in order to induce ASM to extend credit to Customer, the Customer agrees to, and do hereby, personally guarantee, jointly and severally, the prompt payment to ASM of any present or future indebtedness whatsoever for goods and services supplied by ASM. This Guaranty shall continue indefinitely until revoked in writing by the Customer via registered or certified mail to ASM. Revocation does not affect current orders in process or absolve the Customer of making payment for accruing finance charges for existing past due payments. Liability of any guarantor hereunder shall not be affected by ASM granting Customer or any other guarantor hereunder extension of credit, any alteration or compromise in the terms or amount of payment or indebtedness, or the like. Guarantor agrees that the liability hereunder shall be immediate, direct, and primary obligation of guarantor and shall not be contingent upon ASM’s exercise or enforcement of any remedy it may have against Customer.

26. Authorized Representative The Authorized Customer Representative is expressly authorized to enter into this agreement on behalf of the Customer. The Authorized Customer Representative authorizes ASM to obtain copies of any commercial or consumer credit report(s) solely for the purpose of establishment or review of a commercial business account.

Last updated 03/25/2024.

Accurate Sheet Metal does NOT participate in evergreen contracts and will not be responsible for any such terms. All contracts must be reviewed and approved annually by ASM in order to be valid. Contracts must have a written signature in order to be valid. Automatic renewals are explicitly invalid and do not apply to Accurate Sheet Metal, Inc. By accepting payment from ASM Vendors consent to these terms. Any provisions or terms in a Vendor’s contracts, invoices, or other service documents which are contrary or inconsistent with these terms are conditions are invalid and are superseded by these terms and conditions.   Any Vendor-initiated Purchase Order changes in price, delivery, or process must be submitted within 2 days of receipt and confirmed by ASM in order to be honored.