Generalized Terms and Conditions

  1. Customer’s Acceptance must be in writing.  Unmodified Purchase Order specifying previously completed and accepted items are acceptable in lieu of repeated written drawings or other agreements.  No modification of an order will be binding upon Plastic Works unless the same is evidenced in writing and signed by an authorized Plastic Works representative. Any such change may result in additional charges at Plastic Works’ discretion.  The Customer must approve such charges in writing prior to finalization of any change order.  Any change order may result in a delay of the original completion date estimate at the discretion of Plastic Works.  The Customer’s receipt of this acknowledgment without prompt written objection thereto shall constitute an acceptance by Customer of all the terms and conditions set forth herein. 
  2. Force Majeure: Plastic Works shall not be liable for delays in shipment or impossibility of performance due to fires, strikes, acts of God, accidents, delays in transportation, inability to procure supplies and raw materials, or other contingencies beyond its control. 
  3. Returns and Claims for Defects: Custom orders are not refundable.  In the event shipping charges are authorized by Plastic Works (whether paid by Plastic Works or the customer), such are not refundable and returns must be shipped at Customer’s expense. Upon completion of manufactured parts, Plastic Works will contact Customer and make available Customer’s goods for inspection prior to any arranged shipment.  All claims for defects must be made prior to shipment.  Customer’s authorization to ship or removal of goods from Plastic Works’ facility will constitute acceptance of the goods as satisfactory in all respects.  Customer’s authorization to ship without inspection waives Customer’s rights to any claim for defect.  Plastic Works will honor any claim that its manufacturing did not meet agreed specifications after shipment, only on a case-by-case basis with the following conditions:
    1. Claims for defective materials must be made within thirty (30) days after shipment of materials to Customer. 
    2. Materials in question must be returned to Plastic Works for inspection at Customer’s expense. 
    3. Plastic Works has sole discretion to determine whether any existing defect resulted from a post manufacturing problem including but not limited to problems in transportation, use or misuse, Customer modification or alteration, or subsequent manufacturing by additional Customer contractors. Plastic Works assumes no responsibility for and any warranty of merchantability or fitness for a specific use will be deemed to be void with respect to any goods found defective due to such post manufacturing events.
  4. Plastic Works accepts no responsibility for Customer specifications being insufficient for any intended use.  All specifications are the responsibility of the Customer. Material that is found defective may be replaced, repaired or credited at Plastic Works’ sole option. IN NO EVENT SHALL PLASTIC WORKS’ LIABILITY EXCEED THE INVOICE VALUE OF THE DEFECTIVE MATERIAL AND PLASTIC WORKS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
  5. Patent, Trademark, and Copyright Indemnity: Customer agrees to defend at Customer’s expense and pay costs and damages awarded in any suit brought against Plastic Works for the infringement or contributory infringement of any patent, trademark or copyright: a) by any article made or furnished hereunder to Customer’s specifications or plans; b) by the use of such article; or c) by the performance of any process if Customer has actively induced performance or such process. Likewise, Plastic Works shall indemnify and defend Customer against any judgment for damages and costs awarded in any suit brought against Customer on account of infringement of any patent for the articles supplied by Plastic Works which are not specified by Customer. Plastics Works and Customer agree to promptly notify the other of the commencement of any such suit.
  6. Transportation and other charges: Shipping or pickup must be arranged by Customer unless agreed to in writing as a courtesy by Plastic Works and at Customer’s expense.  All courtesy shipments arranged by Plastic Works are subject to the terms herein. Any shipping charges incurred are not refundable and returns (see Paragraph 3) must be shipped at Customer’s expense, FOB Crompond, NY. Plastic Works will assist in any reasonable effort to recover damages due to transportation; however, responsibility for making and pursuing such claims lies with Customer and Plastic Works must be informed of the claim within 30 days of the shipment date if assistance in such claims is required. 
  7. Expiration of Quotations: Estimates and Quotes are valid for 30 days and do not include sales tax or shipping.  All prices reflect quantity quoted.  Orders for quantities less than quoted may result in a higher price.  On occasion, Plastic Works will inform a customer that pricing is too volatile or variables too complex to warrantee.  While such instances are rare, these estimated prices may vary as agreed to by Customer.  Examples include but are not limited to refurbishing charges quoted on the basis of an hourly rate, quotes that include volatile raw material pricing, and prototype fabrication that may encounter unforeseen challenges.
  8. Engraving and Graphics: Engraving and graphic related orders require Customer supplied high resolution graphic files compatible with our systems.  All specifications for engraving are the responsibility of Customer.  Customer must supply the font name and point size of any text to be engraved along with the exact spelling, capitalization and punctuation.  If the font is not a standard font engraved by Plastic Works, Customer must provide the font file and by doing so, Plastic Works will imply that Customer has the right to transfer the file for its use in the engraving or graphic generation.  Any violation of any copyright or trademark will fall under the terms outlined in paragraph 4.  Plastic Works does not provide technical support in generating font and graphics required for engraving and graphics.  Explicitly, Plastic Works does not download fonts from Customer provided links nor convert files to the necessary formats for graphic rendering or engraving.
  9. Completion Time Estimates: Manufacturing time estimates are good faith estimates and not a contract for delivery.  Manufacturing backlogs change daily and Plastic Works makes no warrantee on delivery time.
  10. Late Payments: A 30-day grace period is allowed prior to assessment of any late payment fees and interest.  After 30 days, a one-time $25.00 late fee is assessed and monthly interest at an annual rate of 18% is applied to any outstanding balance.  The interest is calculated based on the original order date and includes any prior unpaid interest assessments. 
  11. Customer Items Left or Stored with Plastic Works: During the course of quote or order processing and preparation, the customer may leave items in the possession of Plastic Works.  Such items are referred to herein as customer owned items (COIs) and include but are not limited to customer originated goods left for measurement or duplication, or finished goods partially or fully paid for by the customer. The customer leaves such items with Plastic Works at the customer’s own risk.  Reasonable care will be taken to hold COIs in good condition; however, Plastic Works assumes no liability for such items.  Plastic Works will hold COIs for 30 days free of charge (grace period) per the following conditions.  
    1.  In the event that these items are left for the purpose of quotation preparation and the customer leaves a fax number or email address, the 30-day free storage period begins after the customer has been presented with the quotation by fax or email.  If the customer does not provide a fax or email address, the 30-day period begins the day the items are left.  
    2. In the event COIs are left for an order placed, or items left per paragraph a) above lead to an order within the 30-day period described per paragraph 10.a, the 30 day period begins once the customer is informed that the order is complete.  
      1. Communication of order completion will be in the form of a phone call.  A minimum of 3 attempts will be made to reach the customer, customer representative, or voice mail.  If the customer cannot be reached by the last attempt, the 30-day period will commence.
    3. Completed orders will be stored for a 30-day period free of charge.  The customer will be informed of the completion of the order or as described in paragraph 11 a) and the 30-day period will commence
    4. The customer will be charged the current rate for storage once the 30-day grace period completes.  Charges are for one month increments and are due in advance the first day the grace period completes and monthly thereafter.
    5. Plastic Works reserves the right to choose off-site storage for COIs left for more than the grace period.  In such cases, the customer agrees to allow sufficient notice for Plastic Works to retrieve the COI(s), consistent with the current policies of the off-site storage facility and Plastic Works.  All storage fees associate with the item(s) must be paid before the item(s)’ return to the customer.  Plastic Works reserves the right to charge fees in addition to any off-cite storage fee to reimburse expenses incurred by Plastic Works in retrieving and tracking such items.
    6. Plastic Works reserves the right to dispose of any COIs left with 30 days of unpaid storage fees.  The method of disposal includes but is not limited to reselling to defray unpaid charges, recycling, or destruction.
  12. Change Notification: Plastic Works reserves the right to change these Generalized Terms & Conditions at any time without notice.

revised 03 Novvember  2021