JB MACHINE LLC
Terms and conditions
The following Terms and Conditions are intended to help ensure projects proceed smoothly and efficiently. These policies have been developed through experience to help prevent misunderstandings, delays, or unexpected issues for either party. Any exceptions to these Terms and Conditions must be agreed to in writing on a job-by-job basis.
1: Quotes.
Quoted pricing and scheduling are subject to availability and are accepted on a first-come, first-served basis.
2: Lead times.
Unless otherwise agreed to in a signed written agreement, all delivery and completion dates are estimates and are not guaranteed.
3: Payment terms.
JJB Machine LLC does not offer payment terms or Net 30 billing. Deposits, C.O.D., or payment in full are required unless otherwise agreed to in writing. Submission of work, purchase orders, materials, drawings, or electronic files constitutes acceptance of these payment terms and conditions.
4: Order placement.
Orders cannot be canceled once materials have been purchased or production has begun.
5: Force Majeure.
Neither party shall be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, actions of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.
6: Customer Specifications and Manufactured Parts
Because the parts are manufactured to customer-provided specifications, JB Machine LLC makes no warranty, representation, or condition that: (1) the parts are fit for any particular purpose, (2) the parts are merchantable, or (3) the parts are free from defects or errors.
7: Release of Liability.
You acknowledge and agree that all parts are manufactured according to specifications provided by you. Accordingly, JB Machine LLC shall not be liable for any damages, losses, or claims arising from the design, application, use, or manufacture of any part produced in accordance with those specifications, including defects resulting from customer-provided designs or information.
You further agree to release and hold harmless JB Machine LLC, its affiliates, officers, employees, agents, and representatives from any and all claims, liabilities, damages, losses, or actions, including but not limited to personal injury, death, or property damage, arising directly or indirectly from the use, application, or performance of such parts.
8: Pricing, Quotes, and Order Changes.
All pricing is based on the information provided at the time of quotation. Quotes are valid for five (5) days unless otherwise stated. Pricing is dependent on total quantities, batch sizes, delivery schedules, material costs, and project requirements. Any changes to these factors may result in revised pricing.
9: Tools, Dies, Gauges, and Fixtures
Tools, dies, gauges, fixtures, and related manufacturing aids are considered an integral part of the manufacturing process and may be included in engineering or tooling charges. Unless otherwise agreed to in writing, payment by the buyer, whether separately itemized or not, does not convey ownership rights or the right to remove such items from JB Machine LLC’s facility.
10: Patents
Products are manufactured in accordance with buyer-provided specifications and designs. Accordingly, the buyer agrees to defend, indemnify, and hold harmless JB Machine LLC from any and all claims, damages, liabilities, actions, or suits arising from the actual or alleged infringement of any patent, trademark, copyright, or other intellectual property rights in the United States or elsewhere.
6: Entire Agreement
This document constitutes the entire agreement between the parties relating to the subject matter herein and may not be modified except by a written agreement signed by both parties. This agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, representatives, and assigns. Any attempted modification not made in writing and signed by both parties shall be void and unenforceable.
7: Production Estimates
Production estimates are based on JB Machine LLC’s analysis and understanding of the work to be performed and assume normal production conditions, material quality, and customer-provided specifications and documentation. Production estimates are provided for planning purposes only and are not guaranteed.
Any quoted tolerances are based on the assumption that all customer-supplied materials, parts, drawings, and prior processing operations meet applicable specifications and quality standards. JB Machine LLC shall not be responsible for issues resulting from defective materials, inaccurate drawings, or prior manufacturing operations outside its control.
JB Machine LLC’s obligations regarding production estimates and specifications shall be considered satisfied upon customer review and documented approval.
11. Hazardous Materials
Purchaser acknowledges that equipment or merchandise sold by JB Machine LLC may have been previously used or handled by parties other than JB Machine LLC. Such equipment or merchandise may contain or have been exposed to hazardous chemicals or materials that could present risks to health, safety, or property during handling, use, cleaning, repair, storage, transportation, or disposal.
Purchaser assumes all responsibility for the inspection, handling, use, and disposal of such equipment or materials and agrees to release and hold harmless JB Machine LLC from any and all claims, damages, liabilities, losses, or injuries arising directly or indirectly from the presence, handling, or use of such hazardous substances, including any claim relating to warnings or the adequacy of warnings provided.
12: Raw Materials Availability
This agreement is contingent upon the availability of raw materials required for production. JB Machine LLC shall not be considered in breach of this agreement for delays in manufacturing or delivery resulting from material shortages or supplier availability issues beyond its reasonable control. In such cases, JB Machine LLC reserves the right to cancel the order or allocate available production and materials on a prorated basis.
13. Customer Furnished Raw Material or Semi-Finished Materials
If this agreement requires JB Machine LLC to perform work on raw or semi-finished materials supplied by the Buyer, including but not limited to castings, forgings, or customer-furnished material, Buyer shall provide sufficient excess material to account for normal machining losses and processing requirements.
All customer-furnished materials shall remain the property of the Buyer. JB Machine LLC shall not be liable for material scrapped, damaged, or rendered unusable during normal machining or processing operations.
Buyer warrants that all supplied materials are suitable for the intended manufacturing operations and are free from defects in material and workmanship. If defects are discovered during processing, Buyer shall promptly provide replacement materials at no cost to JB Machine LLC. Buyer shall remain responsible for payment for all labor, machining, setup, and processing performed prior to discovery of the defect.
14: Orders Placed on Hold
Any order received by JB Machine LLC may be placed on hold if there are discrepancies between the order and the original quotation, including but not limited to pricing, quantities, delivery requirements, specifications, materials, drawings, or instructions that were not previously agreed to in writing.
If an order is placed on hold, JB Machine LLC will notify the Buyer by phone, email, text message, and/or other reasonable means of communication. No work will be performed until the discrepancy has been resolved and the hold status has been removed.
JB Machine LLC shall not be responsible for delays, missed delivery dates, or schedule impacts resulting from an order being placed on hold due to unresolved discrepancies or delayed customer response.
15. Service Modifications, Termination, and Severability
a. JB Machine LLC reserves the right, at its sole discretion, to modify, suspend, or discontinue any service, quotation, production schedule, or work activity at any time, with or without notice. JB Machine LLC shall not be liable for any losses, damages, or delays resulting from such modification, suspension, or discontinuation of services.
b. Purchaser acknowledges that these Terms and Conditions constitute the complete and exclusive agreement between the parties and supersede all prior written or oral agreements, understandings, or communications. Any additional or conflicting terms contained in the Purchaser’s purchase order, acceptance, or other documents are hereby rejected unless expressly agreed to in writing by JB Machine LLC.
This agreement may only be modified or rescinded by a written document signed by an authorized representative of JB Machine LLC. If any provision of these Terms and Conditions is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. JB Machine LLC Intellectual Property and Proprietary Rights
a. You acknowledge and agree that the content, materials, software, graphics, text, programming code, and other information contained on jb-machine.com are the property of JB Machine LLC and are protected by applicable copyright, trademark, and intellectual property laws.
Unless otherwise authorized in writing by JB Machine LLC, materials from the website may not be copied, reproduced, distributed, modified, transmitted, published, stored, or used for commercial purposes. This restriction includes, without limitation, website design elements, source code, software programming, HTML, images, graphics, documents, and other proprietary information contained on the website.
17. Prohibited Use
a. As a condition of accessing and using jb-machine.com, you agree not to use the website or its services for any unlawful purpose or in any manner that violates these Terms and Conditions.
You further agree not to use the website or services in any way that could damage, disable, overburden, impair, or interfere with the operation of the website, JB Machine LLC servers, associated systems or networks, or the use and enjoyment of the website by any other user.
18. Dispute Resolution – Mandatory Arbitration and Class Action Waiver.
a. Arbitration Agreement: You and JB Machine LLC agree that any claim, dispute, or controversy arising out of or relating to these Terms and Conditions, jb-machine.com, services provided by JB Machine LLC, or any related transaction shall be resolved exclusively through final and binding arbitration or in a court of competent jurisdiction for matters eligible for small claims court.
Arbitration shall be conducted by a single arbitrator, and not by a judge or jury. The arbitrator’s authority shall be governed by this agreement, and judicial review of arbitration awards shall be limited as permitted by applicable law.
b. Class Action Waiver: You and JB Machine LLC agree that all claims shall be resolved solely on an individual basis. Neither party shall participate in any class action, consolidated action, representative proceeding, or collective arbitration against the other.
Both parties expressly waive any right to participate as a plaintiff, claimant, or class member in any purported class, consolidated, or representative proceeding relating to disputes covered by this agreement.
c. Severability: The class action waiver contained herein is an essential part of this arbitration agreement and may not be severed. If the class action waiver is found to be unenforceable, the arbitration provisions shall be deemed void to that extent; however, all remaining Terms and Conditions shall remain in full force and effect.
d. Arbitrator Authority: The arbitrator may award any remedy or relief that would otherwise be available in a court of competent jurisdiction, subject to the limitations contained in these Terms and Conditions. The arbitrator shall not have authority to award relief extending beyond the individual parties involved in the dispute. Attorneys’ fees and costs may be awarded to the prevailing party where authorized by applicable law.
e. Survival: These arbitration provisions shall survive the termination, completion, cancellation, or expiration of any agreement, order, service, or relationship between the parties.
19. Jury Trial Waiver
a. Jury Trial Waiver: You and JB Machine LLC knowingly and voluntarily waive any right to a trial by jury in any dispute, claim, or legal proceeding arising out of or relating to these Terms and Conditions, products, services, or transactions with JB Machine LLC.
If the arbitration provisions contained herein are found unenforceable or otherwise inapplicable, any such claims shall be resolved by a judge sitting without a jury.
20. Used Equipment and Tooling Disclaimer of Warranty.
All property and equipment are sold “AS IS, WHERE IS,” with no warranties or guarantees of any kind, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
JB Machine LLC makes no representations regarding the condition, operation, or suitability of any property offered for sale. All sales are final upon removal or delivery of the property.
21. Limited Description Warranty
JB Machine LLC warrants only that the property offered for sale will substantially conform to its written description. Any claim regarding misdescription must be made prior to removal or delivery of the property.
If JB Machine LLC determines that the property does not substantially conform to the description provided, JB Machine LLC may, at its sole discretion, retain the property and refund the purchase price paid by Buyer.
JB Machine LLC’s total liability for any claim relating to the sale of property shall not exceed the actual purchase price paid by the Buyer.