Terms and Conditions

OFFER AND ACCEPTANCE:  The following terms and conditions apply to the sales of parts or tooling (“The Parts”) from Sigma Moulders (“Seller”) to addressed recipient company (“Purchaser”).  Any terms and conditions of any purchase order, RFQ, or any instrument issued by the purchaser in connection with the purchase and sale of the parts that are inconsistent with these terms and conditions will not be binding on Sigma Moulders.  The purchaser’s purchase or use of parts supplied by Sigma Moulders shall be considered acceptance of the following terms and under no circumstances shall Sigma Moulders’ shipment of parts be construed an acceptance of purchaser’s proposed terms inconsistent with those herein.

CREDIT: All orders are subject to Seller's approval of Purchaser's credit. Seller reserves the right to cancel an order at any time if Purchaser's credit is deemed unsatisfactory.

CANCELLATION: In the event of cancellation by Purchaser:

(a) Any item completed at time of receipt of written cancellation notice will be shipped and invoiced at full price.

(b) Work on balance of order will be stopped as promptly as reasonably possible, and the Seller will be reimbursed for all actual expenditures, commitments, unused materials and components, unamortized tooling, engineering and other liabilities and costs determined in accordance with good accounting practice, made or incurred with respect to such incomplete orders, plus a reasonable profit on such costs.

DEFECTS: Claims for defective parts, including credit and/or replacement are to be made in writing to the Seller within 14 days of receipt of the merchandise. The Seller's liability hereunder is limited to the Seller's price of the merchandise which has been rejected through defect or at Seller's option, to the replacement of such merchandise with other merchandise of the quality warranted. In no event shall Sigma Moulders have any liability for commercial loss, claims for labor, or incidental or consequential damages of any type. Sigma Moulders is not responsible for any defects in components and raw materials obtained from suppliers mandated by the Purchaser.

PATENTS: The Purchaser shall indemnify and hold the Seller harmless against all expense or loss resulting from infringement of patents, trademarks industrial designs or copyrights arising from compliance with the Purchaser's designs, specifications or instructions.

DRAWINGS: All designs, drawings, samples and models submitted by the Seller to the prospective Purchaser either prior to the time of, or subsequent to the quotation, are the property of the Seller and may not be reproduced or manufactured without written permission from the Seller.

DESIGN AND MATERIAL: The Purchaser is responsible for disclosing at the outset, all pertinent engineering and design requirements and restrictions of parts. Any expense incurred by the Seller due to failure of the Purchaser to comply with the above, will be the responsibility of the Purchaser. The Seller agrees to supply his knowledge and experience to advise the Purchaser and to draw on specialized facilities of tool makers, designers and material suppliers, but the final choice of the most suitable design is the responsibility of the Purchaser.

MOULDS AND TOOLS: These will be kept in a satisfactory condition for production by the Seller for the normal life of the moulds and tools. The normal life of the mould or tool will be considered as terminated when the Purchaser no longer accepts the parts produced from such mould or tool because of defects caused by mould or tool wear. At that time, quotations will be submitted by the Seller covering the cost of reworking or replacing part or all of the mould or tool as needed or additional cost of secondary operations to enable the Seller to ship parts of a satisfactory quality.

The Seller shall be entitled to a lien upon all moulds and tools in its possession for any amounts owing to it from time to time by the Purchaser. Tooling cannot be removed from possession of the Seller until all such accounts have been paid in full.

DELIVERY DATE: Delivery dates are estimated only from receipt of all necessary information from Purchaser. Seller shall not be liable for delays resulting from fire, strikes, accidents, delays in transportation, shortage of material, failure or delays in source of supply, Government orders or regulations or from any other cause beyond its control.

PRICE: Quotations are for immediate acceptance only unless otherwise specified herein and are subject to change without notice. Orders based on a quotation are subject to acceptance by Seller when received. Seller reserves the right to increase the price on any undelivered portion of any order by the amount Seller's costs are affected by changes in materials and components costs, Federal or Provincial taxes, duties or rates of exchange and/or other production costs.

QUANTITY: Quantities specified are subject to variation unless specifically stated in writing of plus or minus 10% and in the event of such variation the unit price will apply and the order will be considered fully completed.