Quicksilver-MFG Rapid Tooling Standard Terms & Conditions
Quotes: Based upon customer’s (buyer’s) 3D CAD data, which takes precedent over 2D CAD data which is used as a reference only. Any changes require a new quote. Pricing assumes all quoted part quantities will be ordered. Any change in quantities ordered by Customer or Buyer (hereafter referred to as Customer) may affect the price. 30 day validity to quotes. Prices are based on wages and cost of raw materials present at the date of quotation and, therefore, are subject to changes reflecting increased costs on written notice. All quotations are subject to change or withdrawal by Quicksilver-Mfg(hereafter referred to interchangeably as either “Quicksilver”, or “Seller”). at any time prior to final acceptance of Buyer’s order, as herein provided. Due to market fluctuations of raw material, Seller reserves the right to adjust pricing to accommodate increased costs.
We do not share any information with any party outside of Quicksilver Manufacturing.
Starting Job: The quote and these terms and conditions, contain the entire terms and conditions relative to an order from customer and Quicksilver. Quicksilver’s receipt of a purchase order, email, or written document from Customer instructing Quicksilver to proceed with the production of its quoted manufacturing of parts serves as a confirmation that the Customer has read, agree to, and approve to be bound by the Quicksilver terms and conditions listed on this page. Any terms, conditions or writing contained in a purchase order or writing addressing the subject matter of this transaction, shall be for the customer’s internal purposes only and the terms and conditions contained therein shall have no force or effect. Quicksilver objects to any differing or additional terms or conditions contained in any request of quote, purchase order or other writing or document of the customer, and no such difference in terms shall be binding or have effect on Quicksilver Once order has been accepted by Quicksilver, in the event that the customer requests changes to their order, Quicksilver must agree to this specific change in writing. Due to the change, any subsequent delay in delivery or additional charges to the original price is the responsibility of the customer.
Shipping & Delivery: Expedited delivery potential is a consideration at time of order. Any delivery time statements represents Quicksilver’s intention or typical delivery time, but may differ from actual delivery time. Any parts run over the initial first shot sample quantity will be run at the customer’s risk. Shipments are made using FedEx or UPS, typically using the customer’s account number for quickest delivery possible. Delivery terms for all shipments and goods are Ex Works from Origin of production facility, therefore delivery failures are not Quicksilver’s responsibility.
Storage of Parts: We will store parts as a courtesy for 1 month free of charge. Any completed parts that the customer need us to store longer than 30 days will be charged a minimum of $75 per week.
Injection Molding, Tooling and Parts: Tooling is created based upon the customer’s 3D CAD data. The customer is responsible for ensuring that their chosen injection molding material meets the performance and property requirements for their part. The Seller’s quoted material, matches or is equivalent generic version of the brand name material requested by customer. Unless otherwise agreed upon in advance during the quotation period, the Seller will obtain commercial match for material color and purchase in batch lots. Seller does not guarantee “exact” matching of color spectrum or name brand material specifications requested by the Buyer. Seller does not manufacture raw material, subsequently, material manufacturers and distributors are liable for material composition and performance, not Seller. Customer is encouraged to provide their own material to seller if wanting assurance of performance and material composition. Due to the dynamic nature of the injection molding process and the instable behavior of plastic, tolerances of part accuracies cannot be guaranteed but rather attempted to meet .005” tolerance on a best effort basis. Unless otherwise stated, molded parts will be of general commercial quality as set forth in The standards and Practices of the Society of Plastics Industry. Some dimensional variance from design specifications is expected. Molded parts shall be deemed acceptable if they are made to, and are unchanged from approved samples with respect to dimensional variations from the original specifications. Quicksilver assumes no responsibility for incorrectly designed parts, and subsequent behavior of plastic, which includes, but is not limited to: parts with thick cross sections that produce sink marks, parts that do not mate together, incorrectly provided CAD data, inaccuracy, short shots, gaps due to too thinly designed features and wall thickness, or warpage. The manufacturer of the plastic material used for injection molding has a shrink rate that they determine. Their published shrink rate could cause the post cured injection molded part to drift out of tolerance. All products are sold “as is” and Seller disclaims all representations and warranties in connection with the parts or sub-assemblies provided. This includes, but is not limited to, any and all warranties of merchantability, warranties of fitness for a particular purpose and warranties as to quality or correspondence with a description or sample. Seller shall not be liable for damages in any way shape or form resulting from the Buyers (or customers of buyer) use of product. In no event shall seller be liable for any consequential, special, or incidental damages. Design for Manufacturability (DFM) suggestions by Seller personnel are for ease of the manufacturing process only, not the end use of the device. Seller DFM suggestions are in no way a guarantee of accuracy, or aesthetic success. Seller DFM are options presented to customer, purely for their approval or change, without warranty by Seller. Our standard DFM only includes Gate location, main parting lines, and ejector pin locations. Not hand loads or slide positioning (that could create witness lines). Hand load locations or slide locations will to be at the discretion of Seller in order to manage proper material flow and reduction of shrink or warp issues. Seller assumes no responsibility for the design of the goods for their intended use. All design suggestions should be reviewed and approved by the customer prior to beginning tooling.
Unless specified otherwise on Quicksilver quote, a surface finish of SPI-CI (no cutter marks, and smooth) will be the standard tooling core and cavity surface finish. Due to our proprietary approach, all tooling is assumed to be used in the Quicksilver designated facility’s equipment, unless requests are made by customer and agreed to by officer of Quicksilver. The tooling may or may not be compatible with other injection molding equipment. Molds, or mold inserts (depending on the type of tooling as outlined in the quote and agreed to by the Buyer), are the property of the customer and may be removed from Seller facilities if transferable tooling option was agreed upon and declared on the quote, during the quotation period, and assuming all financial obligations from the Buyer to Seller have been met. If the mold is removed from Seller facilities before a time period of 12 months additional fees will apply unless previously addressed in the quote and scope of business. If the mold sits unused at Seller facilities for longer than 12 months the mold may be subject to additional storage fees. If after 18 months from original tooling order, customer does not contact seller to request storage arrangements, which are subject to additional fees, the mold will become considered property of the seller. The seller in turn reserves the right to dispose of tool. Due to the inability for Quicksilver to control quality controls once tool leaves the original tooling location, Quicksilver does not guarantee or warranty the performance, or accuracy of tools once moved from originally produced location. If customer has special tooling requirements, they need to request that prior or during the quoting evaluation process and is subject to approval by Quicksilver officer. If customer supplies material to Quicksilver, the timely delivery and sufficient quantity and quality of this material is the exclusive responsibility of the customer. Any delays in delivery or poor quality of material is the customer’s responsibility.
Indicated tooling lead time is from approval of the DFM and mold design to T1 first article shipment. Lead time to stable validated production runs will be longer than T1 tooling times and are depended on timely responses and approval from the customer for the provided sample parts. Due to the inherent thermoplastic nature of injection molding, part dimensions may need to be adjusted in the mold after the T1 trials. This will take additional time to adjust the tool, shoot and ship T2 parts, and receive subsequent customer parts before beginning production. Lead time is subject to change based upon work load of the shop at time of order. Any changes to part design or tolerances will also affect tooling lead-time as well as the price of the tool. Seller will provide 5 samples from the tool to the customer for approval. Samples are Ex-work production facility, and all shipping charges will be the responsibility of the customer. Unless otherwise indicated in the quote, full first article inspection (FAI) report is not included with the price of the tool and is the responsibility of the customer. Tooling includes basic validation to confirm up to 5 critical to quality (CTQ) dimensions only to meet customer specifications. If no CTQ’s are specified on the control drawing during the time of quote, Seller may pick up to 5 dimensions for part validation. If no direction is provided by Customer as to what the priority of the 5 most CTQ dimensions to measure are, the Seller will determine which 5 to inspect.. No scientific molding studies or statistical process control studies will be performed unless otherwise specified. Before beginning production, the customer will sign off in writing that they approve of the tool for production. Samples from the approved run will be considered “golden” samples and will be used when evaluating the legitimacy of any returned merchandise authorization (RMA )request. Any additional expenses incurred by Seller in fulfilling the order above and beyond the scope of the quote and the PO will be the responsibility of the customer. If Buyer is providing seller with raw material, inserts, or any components needed in the manufacture and fulfillment of buyers order, these raw materials, inserts, or components must be provided with 10% excess of what Seller calculates is needed for fulfillment of the order.
In the event of the request for a RMA for non-conforming material or parts, samples of the non-conforming material must be returned without any credit or debit given to Seller for confirmation of the non-conformance before approval of the RMA can be given. Customer agrees to give Seller first right of refusal for fixing and repairing any rejected parts. Shipping of the samples is the responsibility of the customer. No credit or debit of any kind will be given without confirmation by Seller or an authorized 3rd party of the non-conformance. In the event that an RMA is issued, Seller will cover all costs associated with returning or scrapping the non-conforming material. Seller reserves the right to provide no cost replacements as deemed appropriate in lieu of customer account credits. If no RMA is requested within a period of 30 days from shipment, material will be considered conforming and accepted by the customer and will not be eligible for an RMA.
Tooling payment will be 50% down up front and 50% due at shipping of T1 samples. Production orders will be paid net 30 from time of shipment from factory.
If buyer needs to terminate or cancel an order, Buyer will reimburse Seller for all material purchased and labor cost already incurred for fulfilling the order plus a reasonable profit margin.
Limitation of Liability: Any failure to deliver, manufacture or delay in delivery or manufacturing of goods due to any acts of God, fire, national/international holidays,accidents, embargoes, terrorism acts, customs or quality inspection, riots, blackouts, storms, strikes, or labor shutdowns, other concerted acts of workers, carrier negligence, casualties or accidents or any other circumstances that hinder delivery of manufactured product obligations is not the liability of Quicksilver. Quicksilver reserves the right to cancel or delay customer’s job without liability to the customer. In no way, shape, form will Quicksilver be liable for any incidental, consequential or punitive damages of any kind, whether for negligence, on the basis of strict liability, breach of any warranty, or any other term or condition’s breach. Customer agrees to indemnify Quicksilver, it’s employees, agents, and representatives from any and all claims, damages, liability, attorney expenses, court fees, litigation costs arising from any legal action, law suit or claim, regardless of form, pertaining to any omission by customer relative to their performance hereunder or any breach of this agreement by customer, and any third party claim which is derived from this agreement or the sale of goods hereunder. Customer agrees to indemnify Quicksilver from any claim involving the parts violation of any patent or property rights. Quicksilver makes no expressed or implied representation or warranty with respect to any goods and services, including fitness, warranty of merchantability for non infringement or particular purpose. Quicksilver assumes no responsibility for any parts they produce in regards to their design. The customer holds all responsibility for the performance of the manufactured parts. Quicksilver assumes no responsibility for any of it’s personal design modification recommendations. All analysis, simulation, advice pertaining to design is done to meet the requirements of the molding facilities particular manufacturing process.
Any dispute that cannot be resolved by mutual agreement of the parties, shall be settled by arbitration in New Hanover County, North Carolina. The rights of the Customer and Quicksilver are to be governed by the laws of the State of North Carolina. Breach of contract actions pursuing damages must be commenced within 3 months of the breach action occurrence. This agreement and these terms and conditions constitute the entire agreement between Quicksilver and Customer
In the event that Buyer is purchased, all purchase orders and the relevant terms and conditions will remain in effect until all obligations from Seller to Buyer and from Buyer to Seller have been satisfied. This Agreement shall be binding on each party’s successors, executors, administrators, assigns and legal representatives
CNC Prototype Terms and Conditions
These terms and conditions, shall apply to buyer (“customer”) and your purchase of parts (“parts”) from the seller Quicksilver (“Quicksilver”). Any terms contained in the Customer’s order which are inconsistent with Quicksilver’s terms and conditions hereof, shall be for the buyer’s internal purposes only and shall not be binding upon Quicksilver, without Quicksilver ownership’s written consent.
Quotation prices and terms are valid for 30 days of quoted date. Prices are in US dollars to be paid by check, credit card or electronic bank transfer. Customer may not cancel or change order after accepted by Quicksilver unless agreed to by Quicksilver ownership. Customer must reimburse all time, and materials used for work completed prior to cancellation. Quicksilver reserves the right to change quoted price and delivery schedule based upon receipt of final data, and requirements.
Due to the experimental nature of prototyping and product design, the Customer agrees not to withold payment, or hold Quicksilver responsible for the failure of designs to perform. Customers are responsible for ensuring that the properties and performance of the material meet the part requirements. When the Customer submits conflicting 2d control drawings and 3d solid CAD files, the 3d solid CAD data takes precedence. General tolerances for CNC machined orders are +/-0.005″ for plastic Parts, and +/-0.002″ for metal Parts. Tolerances are not guaranteed.
Delivery can vary with the size of order and backlog at the time of order. Quoted delivery estimates are based on the current backlog, and are subject to change. In the event of a delay, delivery will be extended for a period equal to the time lost by such a delay.
Quicksilver assumes no liability for any damages or charges incurred by the Customer as a result of a delay. In no event will Quicksilver be liable for consequential damages. Risk of loss is transferred to Customer upon delivery to the shipping carrier. Customer needs to communicate within four days of the date of shipment, in writing, if Customer thinks any Parts in the shipment are missing, damaged, or incorrect. Unless Customer has notified, specifying the details of what is missing, damaged, or incorrect within this time frame, the Parts are deemed accepted, non refundable, and non returnable. Customer acknowledges that Quicksilver reserves the right to use subcontractors in the performance of it’s obligations for an order.
Unless documented and agreed upon by Quicksilver, payment terms are typically Net 30 for all customers in good standing with Quicksilver, as determined by the sole discretion of Quicksilver. For orders over $10,000 a 50% deposit is required, unless otherwise agreed upon. Credit card payments are subject to a 3% bank processing fee. In certain circumstances, where customer is determined by Quicksilver to be at high risk of payment default, as a security interest, Quicksilver reserves the right to not provide Parts to Customer until all sums owed to Quicksilver have been paid in full. Until payment is fully fulfilled, title to any Parts shall remain with Quicksilver as a security interest.
Shipping charges are not included in quotes. All freight estimates are subject to prevailing cost at time of shipment. Unless otherwise confirmed by Quicksilver in writing, all Quicksilver shipments are sent using Customer’s FedEx or UPS priority. If Quicksilver uses it’s own shipping means, it assumes no liability for any taxes or duties. Delivery terms for all parts are Ex Works manufacturing facility; therefore, delivery failures are not Quicksilver’s responsibility.
All parts are assumed to be prototypes, used exclusively for development testing, product evaluation, or quality evaluation. If not, Quicksilver needs to be alerted and will need to respond with a written confirmation of this condition. Quicksilver assumes no tax, duty or tariff liability, for it’s sale or shipment of Parts, other than for sales tax required for North Carolina customers.
In the event of a perceived quality problem, the request for a RMA (Return Merchandise Authorization)for non-conforming material or parts must be made by customer. Customer must return the non-conforming material or parts to Seller, without any credit or debit given, until Seller inspection and confirmation of the non-conformance approval of the RMA can be given to customer. Customer agrees to give Seller first right of refusal for fixing and repairing any rejected parts. Shipping of the non- conformance items is the responsibility of the customer. No credit or debit of any kind will be given without confirmation by Seller or an authorized 3rdparty of the non-conformance. In the event that an RMA is issued, Seller will cover all costs associated with returning or scrapping the non-conforming material or parts. Seller reserves the right to provide no cost replacements as deemed appropriate in lieu of customer account credits. If no RMA is requested within a period of 30 days from shipment, material will be considered conforming and accepted by the customer and will not be eligible for an RMA.
In the event that light assembly using helicoils or inserts is required, due to the vast varieties of these and the large minimum order requirements, we do not guarantee to match inserts, Seller reserves right to choose a similar type which is within our shop stock inventory.
Customer agrees to indemnify Quicksilver, it’s officers, employees, agents, representatives, and suppliers from and against any and all liability, claims, damages and other expenses(including reasonable attorneys fees, court costs, and litigation expenses) arising out of or relating to any claim or action, regardless of form, concerning any breach of this Agreement by Customer, any acts or omissions by Customer relating to Customer’s performance under this Agreement, and any claim of third parties arising out of this Agreement or the sale of Parts herein. This indemnification extends to Quicksilver, deeming them harmless from any claim that the Parts produced hereunder or the designs, drawing or other specifications (materials) violate any patent or proprietary rights. Customer agrees that it is Customer’s responsibility to pursue patent, copyright or other proprietary rights protection as well as ensuring that the Parts and Materials do not infringe on other third party patents or proprietary rights. Quicksilver makes no representation or warranty, whether express or implied, of any kind whatsoever with respect to any goods or services, including, but not limited to any warranty of meQuicksilverhantability, fitness for a particular purpose or non-infringement.
Any dispute that cannot be resolved by mutual agreement of the parties, shall be settled by arbitration in New Hanover County, North Carolina. The rights of the Customer and Quicksilver are to be governed by the laws of the State of North Carolina. Breach of contract actions pursuing damages must be commenced within 3 months of the breach action occurrence. This agreement and these terms and conditions constitute the entire agreement between Quicksilver and Customer.