The following “Terms and Conditions of Sale” become a part of any proposal or order acknowledgment of our customer’s purchase order and have precedent over any other outstanding contract. Any deviation from the following terms and conditions must be agreed to in writing by both parties before any order is processed.
Prices
1. FOB Destination from our facility located in Brighton, Michigan.
2. Prices are subject to change without notice and may be withdrawn at any time by an executive of American Laser Enterprises dba American Laser Spares (ALS) prior to the acceptance of our customer’s order. In any event, prices quoted become invalid thirty (30) days from the date of our proposal.
3. Prices quoted do not include any excise, sales, use, or transportation taxes of any taxing authority. If not included in the invoice for the equipment, any applicable such taxes may be invoiced at a later date.
Cancellations
1. The buyer may terminate the purchase order contract after executed to the seller only with the consent of the seller. This consent can only be given by an officer of the company.
2. Cancellation charges, if any, will be promptly invoiced by the seller and the buyer must pay the same, or it will void any prior agreement by American Laser Spares with the seller, to cancel.
3. In the event of a request to stop work or to cancel any part of the order, liquidated damages will be billed and paid for as follows:
A. Any work scheduled for completion within thirty (30) days will be paid for in full and shipment of the equipment will be accepted.
B. All work in process and any raw materials of supplies used, or for which commitments have been made by us in connection with the order(s) involved, will be paid for on the basis of our full costs, plus 25%.
Delivery
1. The buyer may terminate the purchase order contract after executed to the seller only with the consent of the seller. This consent can only be given by an officer of the company.
2. Cancellation charges, if any, will be promptly invoiced by the seller and the buyer must pay the same, or it will void any prior agreement by American Laser Spares with the seller, to cancel.
3. In the event of a request to stop work or to cancel any part of the order, liquidated damages will be billed and paid for as follows:
A. Any work scheduled for completion within thirty (30) days will be paid for in full and shipment of the equipment will be accepted.
B. All work in process and any raw materials of supplies used, or for which commitments have been made by us in connection with the order(s) involved, will be paid for on the basis of our full costs, plus 25%.
Re-Negotiation
1. American Laser Spares will only agree to any re-negotiation when or if it should prove to be necessary and to the extent and in the manner required by Federal Law. All quotes are based on American Laser Spares equipment Standards, unless a customer machine equipment standard has been issued to American Laser Spares
2. If no machine equipment standard were issued previous to the purchase order, the customer will then be responsible for any expenses incurred to American Laser Spares for any equipment variation.
Terms of Payment
1. Unless otherwise specified, payment terms are net thirty (30) days from the date of shipment. Any amounts not paid within the thirty (30) days shall be charged a handling fee of 3% for each month (or portion thereof) any such payment is late.
2. On all orders over $25,000.00, progress payments may be requested and negotiated. The account must be current before shipment of the equipment will be authorized.
3. In the event that American Laser Spares incurs any expenses in collecting sums due to it (including, but not limited to, reasonable attorney fees, court costs, expert fees, collection agency fees, travel costs, bonds, or otherwise) all such expenses will be paid by customer to American Laser Spares upon demand and shall be secured by all other terms and conditions hereof.
4. In the event American Laser Spares must bring legal action to enforce collection of any amounts owed to it, Customer consents that such legal action may be brought in the appropriate court of Oakland County, Michigan and the customer consents to the jurisdiction of said court and venue therein. For all purposes hereunder, this Agreement shall be construed under the laws of the State of Michigan.
Security Interest
Customer agrees that until full and final payment is made, American Laser Spares, is granted and retains a security interest in the machine(s) or equipment in an amount equal to payments owed and Customer further agrees and consents that should payments not be made in accordance with these Conditions of Sale or the schedule of payments agreed to by Customer in any subsequent Release to Ship, that American Laser Spares, is authorized to file any and all appropriate UCC Financing Statements or Documents necessary to perfect its Security Interest in the machine(s) or equipment.
Warranty for Laser Consumables
All American Laser Spares machines are guaranteed to the original purchaser, at the original place of shipment, for one full year from date of installation, but no longer than thirteen (13) months from date of completion of build at our facility. Any part that fails through normal use will be replaced free of charge during this period by a qualified field engineer. Travel and Living expenses will be invoiced as incurred. A Purchase Order will be required for each warranty and/or service call.
Internal laser optics and external beam delivery optics are warranted for a period of thirty (30) days from date of installation not to exceed ninety (90) days from date of shipment from source manufacturer.
All consumable items are specifically excluded from this warranty.
Systems that are used to process metals or other highly reflective materials must have a back reflection optical isolator (ATFR) fitted in the laser or beam path. Failure to fit such a device may result in beam delivery optical damage or laser cavity failure. Damage as a result of back reflection will void this warranty. Use of laser gas not supplied by source manufacturer will void warranty.
Consumable items are not covered under this warranty. (Please refer to this letter for detailed information regarding the warranty of the equipment.) Any deviation from this policy must be agreed to by both parties in writing to alter it.
American Laser Spares will not be held responsible for any claims of any kind based on down time, overhead, labor, damage to machinery, loss of production, or profit through the use of our equipment. All equipment is to be operated and maintained by adequately trained personnel, as well.
JIC, NEMA & OSHA Compliance
All American Laser Spares machines are designed to meet or exceed the standards of the Regulatory Agencies. Provisions are made and no machine can be released for shipment unless it complies with the standards specified and as we interpret them to be required. To do otherwise will require a letter from the user (customer), stating they will accept full responsibility for non-compliance, as a result of a difference in interpretation of these rules. This letter must be signed by an officer of that corporation.
Title
Title of ownership is deemed when American Laser Spares is paid in full. Any damage claims or risks will be assumed by the buyer of the equipment when installation sign off is completed.
Service and Installation
All service work on standard and special machines, not covered by our warranty start-up agreement, or after warranty period has expired, shall be charged for at the prevailing rate outlined above under “Standard additional on-site assistance rates” plus all expenses, transportation, material, and parts used.
Engineering
On special machines, American Laser Spares reserves the right to make changes deemed by our engineering department to be justified. Any change conflicting with customer specifications will be approved between the parties involved before it is done. All charges due to a change in the customer’s specification by the customer will be negotiated and a price resulting in a supplemental purchase order will be approved before proceeding any further on the project.
Detailed Drawings
Nothing in our proposal shall be interpreted as an understanding or agreement that detailed or shop working drawings will be furnished on any part of the equipment offered. Any deviation of this rule must be negotiated and agreed upon by both parties prior to the receipt of an order.
Rights Reserved
American Laser Spares reserves the right to use photographs of any and all equipment we manufacture for advertising purposes, unless agreed to otherwise.
Testing
All materials or parts necessary for testing the machine(s) at our facility will be furnished by the customer, without cost to us. The materials and parts must be to print tolerance and of the grade specified. If quantity-of -pieces are to run over an amount deemed reasonable, an extra charge will be submitted and approval received before proceeding. Any special test equipment required to meet a specific specification not covered under JIC, UL, NEMA, CSA, etc., must be furnished or the rental paid in addition to the quoted price of the machine order.
Buyoff
A Preliminary buyoff including safety, maintenance, and engineering, will be conducted at American Laser Spares location in Brighton, Michigan. This buyoff is not to exceed 10 working days past the time the customer has been notified that the said machine(s) is ready for Preliminary buyoff.
If in fact the Preliminary buyoff does exceed the 10 working days, due to customer delays, the customer will be notified that any money that may be due under Preliminary buyoff on the submitted contract will be owed to American Laser Spares no later than 30 days from the notification date. Any amounts not paid within the thirty (30) days shall be charged a handling fee of 3% each month (or portion thereof) any such payment is late.
The said machine(s) will be released for shipment after receipt of preliminary payment and signed release to ship form is received. The customer may also be charged a storage fee on the equipment that remains on ALE floor past the 10 working days, that would equal $5.00 per square foot of floor space the equipment occupies, (this includes a reasonable amount of space required around the machine needed to operate it), to be charged per day, and paid before removal of equipment.
At this point:
1. All modifications will be discussed.
2. The machine will meet all customer expectations before shipment.
3. The final buyoff will be conducted on the customer’s floor.
4. Any machine modifications requested on the customer floor will be charged at our standard on-site labor rate of $190/hr.
