News - "Strategic Machining" feature article in August 2016 MoldMaking Technology Magazine about SouthCoast Mold.
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South Coast Mold, Inc.: Terms & Conditions of Sale

South Coast Mold, Inc. is herein referred to as the “Seller” and the customer or person or entity purchasing products (“Products”) from Seller is referred to as the “Buyer”. These Terms and Conditions, any price list or schedule, quotation, acknowledgment or invoice from Seller relevant to the sale of the Products and all documents incorporated by specific reference herein or therein, constitute the complete and exclusive statement of the terms of the agreement governing the sale of Products by Seller to Buyer. Buyer’s acceptance of the Products will manifest Buyer’s assent to these Terms and Conditions. Seller reserves the right in its sole discretion to refuse orders

1. PRICE - All prices specified herein are exclusive of any costs of any sales, use, value added, excise, gross receipts, business and occupation or similar present or future taxes imposed by any governmental body on the sale, delivery, use or other handling of the Products or in connection with any transactions contemplated herein. Shipping and handling charges are also exclusive of the price.

2. CHANGE AND CANCELLATIONS - Buyer may request changes or additions to the Product consistent with Seller’s specifications and criteria. In the event such changes or additions are accepted by Seller, Seller may revise the price and dates of delivery. Buyer may cancel orders only upon reasonable advance written notice and upon payment to Seller of Seller’s cancellation charges which include, among other things, all costs and expenses incurred, and, to cover commitments made, by the Seller and a reasonable profit thereon. Seller’s determination of such termination charges shall be conclusive.

3. TERMS OF PAYMENT - Unless otherwise specified by Seller, terms are net thirty (30) days from date of Seller’s invoice in U.S. currency. Seller shall have the right, among other remedies, either to terminate this agreement or to suspend further performance under this and/or other agreements with Buyer in the event Buyer fails to make any payment when due, which other agreements Buyer and Seller hereby amend accordingly. Buyer shall be liable for all expenses, including attorneys’ fees, relating to the collection of past due amounts. Buyer may also be subject to late payment interest equally one and one-half percent (1-1/2%) per month computed from the date payment was due. Should Buyer’s financial responsibility become unsatisfactory to Seller, cash payments or security satisfactory to Seller may be required by Seller for future deliveries and the Products theretofore delivered. If such cash payment or security is not provided, in addition to Seller’s other right and remedies, Seller may discontinue deliveries.

4. SHIPMENT AND RISK OF LOSS – Shipping and delivery dates are estimates only and in no event shall South Coast Mold, Inc. be liable for any delay in delivery or assume any liability in connection with shipment. All shipments are F.O.B. point of shipment. Risk of loss or damage and responsibility shall pass from Seller to Buyer upon delivery to and receipt by carrier. Any claims for shortages or damages suffered in transit are the responsibility of Buyer and shall be submitted by Buyer directly to the carrier. Shortages or damages must be acknowledged and signed for at the time of delivery. While Seller will use all reasonable commercial efforts to maintain the delivery date(s) acknowledged or quoted by Seller, all shipping dates are approximate and not guaranteed. Seller reserves the right to make partial shipments. Seller, at its option, shall not be bound to tender delivery of any Product for which Buyer has not provided shipping instructions. If the shipment of the Product is postponed or delayed by Buyer for any reason, Buyer agrees to reimburse Seller for any and all storage costs and other additional expenses resulting there from.

5. FORCE MAJEURE - Seller shall not be liable for delays in performance or for non-performance due to acts of God; acts of Buyer; war; fire; flood; weather; sabotage; strikes or labor disputes; civil disturbances or riots; governmental requests, restrictions, allocations, laws, regulations, orders or actions; unavailability of or delays in transportation; default of suppliers; shortages of labor, fuel, raw material or machinery; or technical failure where Seller has exercised ordinary care in the prevention thereof; or, unforeseen circumstances or any events or causes beyond Seller’s reasonable control. Deliveries or other performance may be suspended for an appropriate period of time or canceled by Seller upon notice to Buyer in the event of any of the foregoing, but the balance of the agreement shall otherwise remain unaffected as a result of the foregoing.

6. PRODUCT TITLE – Product ownership (title) will remain with Seller until paid-in- full by Buyer. Upon full and complete payment, Buyer shall take product title.

7. RETURNS – The return/claim period is thirty (30) days from the date of shipment. No returns will be accepted without authorization from Seller. Products that have been altered by Buyer are not returnable.

8. LIMITATION OF REMEDY AND LIABILITY - The sole and exclusive remedy for breach of any warranty hereunder shall be limited to repair, correction or replacement (section 7). Seller shall not be liable for damages caused by delay in performance and in no event, regardless of the form of the claim or cause of action (whether based in contract, infringement, negligence strict liability, other tort or otherwise), shall seller’s liability to buyer and/or its customers exceed the price to be paid by buyer for the specific products provided by seller giving rise to the claim or cause of action. Buyer agrees that in no event shall seller’s liability to buyer and/or its customers extend to include incidental, consequential or punitive damages. The term “consequential damages” shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use or revenue, cost of capital or loss or damage to property or equipment.

9. INTELLECTUAL PROPERTY – Any intellectual property generated by South Coast Mold, Inc. shall remain its property. This includes, but not limited to, patents, trademarks, copyrights, proprietary knowledge, trade secrets, technical know-how, designs, concepts, drawings, sketches, images, pictures, files, prototypes, etc. It is expressly forbidden that Buyer shares with any third party the aforementioned intellectual property without written consent.

10. CONFIDENTIALITY - Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other's business which comes into that party's possession and shall not use such information and material. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by a party of this clause.

11. GENERAL PROVISIONS - These Terms and Conditions supersede all other communications, negotiations and prior oral or written statements regarding the subject matter of these Terms and Conditions. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon the Seller unless made in writing and signed on its behalf by a duly authorized representative of Seller. No conditions, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain, or supplement these Terms and Conditions shall be binding unless hereafter made in writing and signed by the party to be bound, and no modification or additional terms shall be applicable to this agreement by Seller’s receipt, acknowledgment, or acceptance of purchase orders, shipping instruction forms, or other documentation containing terms at variance with or in addition to those set forth herein. Any such modifications or additional terms are specifically rejected by Seller. No waiver by either party with respect to any breach or default or of any right or remedy, and no course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver be expressed in writing and signed by the party to be bound. All typographical or clerical errors made by Seller in any quotation, acknowledgment or publication are subject to correction.

12. APPLICABLE LAW - The validity, performance, and all other matters relating to the interpretation and effect of this agreement shall be governed by the laws of the state of California. Buyer and Seller agree that the proper venue for all actions arising in connection herewith shall be only in California. No action, regardless of form, arising out of transactions relating to this contract, may be brought by either party more than two (2) years after the cause of action has accrued.