Terms of Sale

 

1. Every customer's process is slightly different; therefore, all products should be tested by the customer to determine their suitability for the intended use. Viadon will not be liable for any damage or loss arising from any of it's products. Viadon's liability is limited to replacing parts that have been proven to be defective.
2. Claims or rejections for defects of custom parts shall be made within thirty (30) days after date of delivery to Customer.  Liability of the Seller, in any event, shall be limited to the purchase price of material found to be defective.
3. Seller may at any time at its sole discretion, alter or suspend credit arrangements, refuse to make shipment or cancel uncompleted orders, when the financial condition of the Customer or the status of their account, in the opinion of the Seller, warrants such action.
4. In the event of insolvency of the Buyer of default in payment, Seller may enter Buyer’s establishment and reclaim said merchandise and Buyer will waive all right to claims for merchandise.  Repossession shall not preclude or waive right of recovery from Buyer.
5. Seller may deliver up to ten (10%) percent, more or less than the quantity specified, and the deficiency allowed or excess paid at the piece price quoted.
6. If any material is proved defective, seller’s liability is limited to replacement only and seller will not pay any claim for labor on or for damage by reason of its use.
7. We do not accept responsibility for delay in performance of an agreement resulting in whole or in part from fire, flood or other catastrophes, strikes, lockouts, or other differences with employees, war, riot or embargo delays, mill conditions, shortages of transportation, or non-delivery by our suppliers, compliance with any valid and in-effect Federal or State law, statute or regulation issued pursuant thereto, or any other causes beyond our control.
8. The terms of the agreement for the sale of goods between Viadon (“Seller”) and Buyer are expressly limited to the terms and conditions set forth below. Seller hereby gives notification of objection to any additional or different terms that Buyer has set forth and/or may propose.
9. Prices listed on quotation forms are subject to change without notice. All sales are F.O.B. our dock in Peotone, IL. All taxes, excises, fees and other charges imposed by any governmental authority upon the manufacture, sale, or transportation of the goods sold hereunder, or upon any feature of this transaction, shall be paid by the Buyer, or if required to be paid by the Seller shall be reimbursed to Seller by Buyer, and any increases after acceptance of order will be added to Seller’s prices. Buyer will pay for any and all additional expenses incurred by Seller as a result of Buyer’s changing specifications or requirements after the date the order was acknowledged by Seller.
10. New 30 day open account will apply only to those with satisfactory credit rating or those who furnish satisfactory credit references. Other options are Visa, Mastercard, American Express or Discover credit cards, payment in advance by company check, money order or wire transfer.
11. Returns can only be requested within 15 days of the product shipment/invoice date. Shipping costs will not be refunded. Contact Viadon prior to returning any product or material. If a return is accepted, you will receive a credit, to use for in house product. No cash refunds.
12. All refunds for any reason (including but not limited to products, services, etc.) will be applied as a credit to customer accounts. All tariff surcharge fees are non-refundable unless product is defective. Claims for tariff refunds on defective parts must be made within 30 days of when Viadon ships parts; Viadon will have sole discretion for determining if parts are defective.
13. All returned items must be unused and in new condition (unless proven to be defective). Viadon will make the sole determination if items being returned are clean, unused, and are suitable for resale. Any credit (full or partial) considered for returned items will be at Viadon's sole determination.
14. If a Certificate of Conformance is required, then the request must be made at the time the Purchase Order is sent. Requests for C of C's after orders have shipped out will be reviewed on a case-by-case basis and may not be available. Any C of C request 30 or more days after an order has shipped may be incomplete or inaccurate. Viadon will not be held accountable for incomplete/inaccurate information on C of C's that are requested after 30 days. C of C's are not available on commodity type items like caps, plugs and hooks.
15. Any item that is presently on warehouse shelves and is ready for shipment at the time order is placed will be considered 'stock'. This does not include tape rolls or die cuts (except for pre-existing slit / die cut materials). All slit rolls of tape, die cuts, or any other item that is not currently in stock at our facility in Peotone, IL at the time you place your order is considered to be custom ordered and is therefore not returnable under any circumstance.
16. Items exported out of the USA cannot be returned.
17. Tooling shall remain in the possession of Viadon and/or its authorized agents unless otherwise specified and agreed upon, and will be maintained during that time with the following exceptions: 1) When a tool has produced in excess of 50,000 pieces per cavity (estimate, and subject to change) and/or 2) a tool that has not produced parts for longer than a period of twenty-four (24) months from date of last production. In either situation, a rebuild or refurbish of the tool may be required to return it to production capability; this will be done at the expense of the buyer before additional pieces are produced. Tools that have not been used for production for over thirty-six (36) months will be considered abandoned.
18. Viadon reserves the right to discontinue providing any product (stock or custom) at any time.
19. It is our policy to add shipping insurance to ALL shipments over $100 – whether Prepay & Add or Collect. If you wish to decline insurance and have us use $0 declared value, Viadon requires receipt of a signed waiver form on file before shipping any packages in this manner. We will not reimburse for insurance charges if we do not have a signed ‘Package Insurance Waiver & Release of Liability’ form on file for your company.
20. Upon request and verification of valid account, Viadon will ship on the customer’s freight account. A valid freight account number must be provided at the time of order. If we are unable to use the freight account number for any reason, Viadon reserves the right to prepay and add the shipping charges to the customer’s invoice. If the package/freight carrier charges Viadon for any additional shipping fees, customer remains liable for all additional fees. Undeliverable fees, address correction fees, shipping charges for returning an undeliverable package and shipping charges for resending the shipment to the correct address are some - but not a complete list - of the additional shipping fees that may be incurred due to an incorrect/incomplete address, invalid/incorrect account number, or an undeliverable package. Please note the additional fees listed above may be incurred for both Collect and Prepay & Add shipments. Viadon reserves the right to invoice and bill customers for these additional charges. All damage/loss for shipments via 3rd party or collect accounts are the sole responsibility of the customer.
21. In the event of cancellation or deferral of deliveries on an order, Buyer assumes immediate liability for any completed part of the order, any material or tooling work performed, and may be asked for immediate payment of the charges involved.
22. In the case of delinquent or unpaid accounts with no response from the customer by any means (not limited to, but including phone, email, letter, etc.), at the sole discretion of the management of Viadon, all molds and tools become the property of Viadon.