Terms and conditions

JB MACHINE LLC

Terms and conditions

The following standard Terms and Conditions are in place to insure that your project will go as smooth as possible.  They have been developed from experience and are designed to prevent surprises to either party.   Any exceptions to these Terms and Conditions must be specifically noted on a job-by-job basis.

1: Quotes.       

All quotes will be accepted on a first come first serve basis

2: Lead times.

Unless agreed otherwise in a signed writing or noted, all delivery and completion dates given are estimated dates.

3: Payment terms.

JB MACHINE LLC does NOT offer any payment terms NO NET 30- Deposits / C.O.D / Pay in full only  – Dropping off work – issuing a purchase order -dropping off material , prints physical or electronic, you are now a customer of JB Machine LLC and accept these terms for payment

4: Order placement.          

 Once an order is placed and material is purchased an order cannot be canceled

5: Force Majeure.

Neither party shall be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargo’s, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

6: Parts.       

 Because the parts are based on your specifications, JB Machine LLC makes no warranty, representation, or condition that: (1) The parts are fit for any particular purpose, or merchantable, or(3 ) the parts are defect or error free.

7: Release of Liability.

You acknowledge and agree that the parts and their manufacture are based on specifications provided by you. Accordingly, you agree that under no circumstance will JB Machine LLC be liable for any damages or liability resulting from any part, including any parts defect resulting from the manufacture or a part in accordance with the specifications. You hereby release JB Machine LLC and its affiliates, and their officers, directors, employees, agents, and consultants and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that is either directly or indirectly related to or arises from your Part(s).

8: Pricing.

All prices are quoted based on the totality of the information provided to us at the time of quoting.  Prices are valid for 5 days.  Quoted prices are sensitive to total quantities, delivery frequency and batch size.  Any changes to total quantities, batch sizes or delivery requirements from what was quoted may affect the price.

9: Tools, Dies        

Tools, dies, gages, fixtures are an integral part of the manufacturing process and included in engineering charges. As a proprietary item, payment by the buyer, whether separately quoted or not, conveys neither ownership nor the right of removal from the seller’s plant.

10: Patents

 The products hereunder are manufactured in accordance with the buyer’s specifications and design. Accordingly, buyer shall defend and save harmless vendor from all damages, claims, actions or suits based upon actual or alleged infringement of any patent registered in the U.S. or elsewhere.

6: Entire Agreement

 This document contains the entire agreement of the parties relating to this subject matter, may not be changed or modified except by instrument in writing executed by the parties, and is binding upon the heirs, successors, personal representatives and assigns of the parties. Any other attempted modification shall be void and not admissible in evidence in any action arising from this agreement.

7: PRODUCTION ESTIMATES

    Production estimates are based on Seller’s analysis and understanding of the work to be performed and assume various production factors including normal working conditions and the use of materials which conform to: (i) the specification contained herein, (ii) the specifications and supply of goods (iii) the standards of the It is therefore EXPRESSLY UNDERSTOOD THAT PRODUCTION ESTIMATES ARE NOT GUARANTEED.

    Work tolerances, if any, to be obtained by the Goods are based on Seller’s assumption that the material to be processed will have been properly processed through all previous operations, inspections and will be of quality standard, which will not impede achievement of the quoted    Seller’s obligation with respect to production estimates shall be fully and completely satisfied when Customer has provided documentation of approval.

11. Hazardous Materials

a. Purchaser understands that the equipment or merchandise sold hereunder have been used by persons other than CNC Machines LLC. Purchaser is warned and acknowledges that such equipment or merchandise may bear or contain hazardous chemicals or other hazardous materials which may be or may become, by chemical reaction or otherwise, directly or indirectly hazardous to life, to health, or to property (by reason of toxicity, flammability, explosiveness or for other similar or different reasons during use, handling, cleaning, reconditioning, disposal or at any other time after the article leaves the possession and control of JB Machine LLC). Purchaser does hereby discharge JB Machine LLC from any and all liability directly or indirectly resulting from the presence of the aforesaid chemicals or materials, including and not limited to any and all liability directly or indirectly resulting from the failure of JB Machine LLC to give more specific warning with respect to individual articles or substances or from the inadequacy of any warning.

12: Raw Materials Availability

This contract is contingent upon the availability of raw materials required for the manufacture of the goods. JB Machine LLC shall not be deemed in breach of this agreement for delay in manufacture or delivery where such raw materials are unavailable. In such cases, JB Machine LLC may, at its option, cancel this agreement or deliver to you its pro-rata share of production.

13. Customer Furnished Raw Material or Semi-Finished Materials

In the event the contract requires JB Machine LLC to perform work on raw material or semi-finished materials supplied by Buyer (such as castings and forgings) but not purchased by JB Machine LLC from Buyer, Buyer shall supply an adequate excess to allow for machining losses. All customer furnished materials are considered the property of the Buyer at all times. If JB Machine LLC scraps any such materials, it shall not be liable to Buyer for such scrapped materials. Buyer warrants that any raw or semi-finished materials shall be suitable for the

operations intended to be performed by JB Machine LLC, and shall be free of defects in workmanship and material. If found defective during processing, Buyer shall promptly deliver suitable replacements at no charge to JB Machine LLC. Buyer shall pay JB Machine LLC for all work performed to the time when the defect was discovered.

14: Orders Placed on Hold Status:

Any order received by JB Machine LLC, Inc. shall be placed on hold if there are any differences between our quoted price, delivery, quantity, instructions, or any other factor that was not agreed to in writing at the time of our quotation. When an order is placed on hold the Buyer shall be notified by JB Machine LLC., via phone, e-mail, test  and / or fax. It is important that the Buyer understand that when an order is placed on hold, JB Machine LLC. will not perform any work until the discrepancy is resolved and the hold status is removed. Therefore JB Machine LLC, Inc. is not responsible for missed deliveries if an order is placed on hold and the buyer does not resolve the issue within a reasonable amount of time.

15. Modifications and Termination of Service / Severability

a. JB Machine LLC reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of the Service for any reason with or without notice to you. All terminations will be made in JB Machine LLC sole discretion and you agree that JB Machine LLC will not be liable for any termination of your use of or access to the Service.

b. Purchaser acknowledges that these are the only Terms and Conditions of sale, and is intended by the parties as a complete and exclusive statement of the terms of their agreement. This supersedes all prior agreements, written or oral. Any variation from the terms hereof contained in the Purchaser’s acceptance is hereby rejected. The agreement of which these terms are a part can be modified or rescinded only in writing signed by JB Machine LLC. If any provision of the invoice or these Terms and Conditions is determined illegal or unenforceable, it shall not affect the enforceability of any other provision or paragraph of the invoice or these Terms and Conditions

16. JB Machine LLC Proprietary Rights

a. You acknowledge and agree that the Service and all materials on jb-machine.com contain proprietary information and data that is protected by applicable copyright, trademark and other intellectual property laws (JB Machine LLC “Proprietary Information”). All materials on jb-machine.com, including such Proprietary Information, may only be used for personal, non-commercial purposes, and you agree not to sell, transfer, reproduce, duplicate, distribute, publish, modify, migrate, store, copy or transmit any material from jb-machine.com unless and until you have obtained our prior written consent. The Proprietary Information covered by this prohibition includes, without limitation, the software programming and html and other code contained in the Web site.

17. No Illegal Use

a. As a condition of your use of and access to jb-machine.com, you agree not to use the Services for any unlawful purpose or in any way that violates these Terms. You also agree not to use the Services in any way that could damage, disable, overburden, or impair jb-machine.com or any JB Machine LLC server, or the associated networks, or interfere with any other party’s use and enjoyment of any Services.

18. Dispute Resolution – Mandatory Arbitration and Class Action Waiver.

a. Arbitration Agreement: YOU AND JB MACHINE LLC AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THESE TERMS, JB_MACHINE.COM, OR THE SERVICES (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.

b. Class Action Waver: YOU AND JB MACHINE LLC AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor JB Machine LLC may participate in a class or representative action in court as a class member if the Claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or JB  Machine LLC. To be clear, you and JB Machine LLC both waive any right to participate in any class action involving disputes between us.

c. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in of these Terms will remain in full force and effect.

d. Arbitrator Authority: The arbitrator’s authority is governed by this arbitration agreement. You and JB Machine LLC agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by these Terms (including the limitations of liability set forth in Section 17), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with JB Machine LLC. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.

f. Survival: This arbitration agreement survives the termination of these Terms between you and JB Machine LLC.

19. Jury Trial Waver           

a. You and JB Machine LLC expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section 11 is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.

20. Used Equipment and Tooling Guaranty Waiver.

All property is offered for sale ‘AS IS, WHERE IS.’ JB Machine LLC makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. Please note that upon removal of the property, all sales are final.

21. Description Warranty.

Seller warrants to the Buyer that the property offered for sale will conform to its description. Any claim for mis description must be made prior to removal of the property. If Seller confirms that the property does not conform to the description, Seller will keep the property and refund any money paid. The liability of the seller shall not exceed the actual purchase price of the property.

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