Soffware® Terms and Conditions
A Division of Sinclair & Rush, Inc.
123 Manufacturers Drive
Arnold, MO 63010
Minimum Order Quantities
Most stock items have a one case minimum order requirement. Each category may have different minimum requirements. Package quantities and minimums are subject to change without notice.
Payment Options and Credit Terms
Credit terms are Net 30 days, subject to credit approval. A completed and signed credit application is required to establish credit terms. The credit application may be printed by clicking here, filled out and returned via fax to 636-282-6881. For questions in regards to applying for credit, please direct inquiries to ph: 636-282-6805 or email@example.com. Customers who have not purchased in two or more years will be required to re-apply for credit. Orders paid by credit card will be charged immediately regardless of scheduled ship date.
All products ship FOB: Point of Shipment. Buyer to specify carrier in writing. If Buyer does not specify carrier in writing when order is placed, Seller reserves the right to select a carrier at Seller’s discretion and shipment will be invoiced to buyer. Unless notified otherwise in writing at time of purchase order placement, all orders with an order value of less than $500 will automatically ship UPS Ground Prepay & Add. Seller is not responsible for the delay of any freight carrier or safe carriage of goods. Risk of loss passes upon delivery of goods to the carrier and Buyer must file any claim for damage in transit with the carrier. Goods are insured by standard carrier coverage only. Shipment of product may dispatch from multiple facilities resulting in separate freight charges.
Cancellation requests must be approved by a seller sales representative. This approval must be issued in writing and a $50 fee may apply. In the event of cancellation or deferral of deliveries on an order, buyer assumes immediate liability for any completed part of the order, any material ordered or tooling work performed.
Returns are only accepted with a Return Authorization Number supplied by an agent of seller and are subject to a $50 per carton restocking charge. Returns will not be accepted more than two months after the order ship date.
Sales Tax and Tax-Exempt Status
Only customers with a ship to address in Missouri or New Jersey are charged sales tax. If buyer’s account is tax exempt, the tax code is not changed until seller has an exemption certificate physically in hand.
Samples and Pre-Approval of Samples
Please visit our Request for Quote form or contact a sales representative at 1-800-745-8012 to order samples before placing your order. Typically samples are provided at no charge. Seller strongly recommends customer evaluation of sample products prior to order placement.
Insuring the product works for any given application is ultimately the responsibility of the purchaser. If buyer does not request or declines samples for evaluation, request to return any order, unless defective, will be respectfully declined.
Stock items typically ship within 24 hours of order being received and released from credit hold (if applicable). Production items are subjected to lead time which is specific to the type of product ordered. Standard lead time for each item requested is included on quotations. Lead time will begin for each item ordered when purchase order has been acknowledged, credit has been established and final sample has been approved. Delivery dates specified are desired and not promised dates. Seller will make all reasonable efforts to adhere to the delivery dates provided by the Buyer.
Due to manufacturing processes, Seller reserves the right to ship and bill up to 10% over or below the quantity ordered and order will be considered complete.
Prices stated on the website or in a quotation are subject to change without notice. The most recent quotation for any Product supersedes all prior quotations for same Product. All prices are quoted and payable in U.S. dollars only.
All orders are invoiced at time of shipment.
All tooling remaining in Seller possession will receive normal maintenance for the production of parts unless:
• In either event, it may be necessary to refurbish or rebuild the tool at Buyer’s expense before additional parts can be produced. If 18 months have passed without an order from the customer, tooling will be considered abandoned.
- A tool has produced more than 500,000 parts per mold or cavity, or
- A tool which has no production activity for more than one year.
What is Prop 65 labeling and how does it affect me?
Sinclair & Rush products are compliant with California Proposition 65 due to our decision to provide the appropriate warning label on our applicable products. If you utilize certain Sinclair & Rush products and do not choose to label your product according to California Proposition 65 requirements, you may find your products are not compliant with California Prop 65. For further information please review the following link or contact your salesperson for further assistance.
Prop 65 Information
Typographical and clerical errors are subject to correction.
In lieu of all other warranties, express or implied, seller warrants to the original customer that all products shall be free from defects in material or workmanship at the time of shipment. Customer’s sole and exclusive remedy is limited to either (a) repair or replacement of the defective part or product or at seller’s option, (b) return of the product and refund of the purchase price. Seller shall have no obligation or liability under this warranty unless it shall have received prompt written notice specifying such defect no later than one (1) year from the date of shipment.
SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED HEREIN.
Limitations on Liability
To the maximum extent permitted by applicable law, (1) IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES MEASURED BY, OR PREMISED ON, LOST PROFITS, REVENUES, SAVINGS OR LOST BUSINESS OPPORTUNITY, LOSS OF USE OF ANY PRODUCT, EQUIPMENT OR OTHER PROPERTY OR ASSET, COST OF CAPITAL, COST OF ANY SUBSTITUTED EQUIPMENT, PRODUCT OR SERVICE, DOWNTIME, INJURY TO PROPERTY, REPUTATION OR RELATIONSHIPS WITH EXISTING OR PROSPECTIVE CLIENTS, ARISING OUT OF OR RELATED TO THIS ORDER OR THE PRODUCTS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND (2) THE TOTAL CUMULATIVE LIABILITY OF SELLER ARISING OUT OF OR RELATED TO THIS ORDER AND THE PRODUCTS, SHALL NOT EXCEED THE TOTAL PRICE PAID BY THE CUSTOMER IN RESPECT OF THE PRODUCTS GIVING RISE TO THE CLAIM, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIMS OR SUITS SHALL NOT EXPAND THIS LIMITATION.
Orders shipping directly or indirectly to California may require Proposition 65 warning labels. Customer acknowledges that it is familiar with the provisions of California’s Proposition 65 and Customer expressly assumes all responsibility regarding compliance with Proposition 65.
Customer agrees that it will hold seller and its suppliers harmless from all liability, claims, and demands for alleged Proposition 65 violations, including all costs and expenses (including, without limitation, reasonable attorneys’ fees) associated with defending any legal claims due to Proposition 65 violations.