ISO 13485:2016 Certified
IATF 16949:2016 Certified
a.) Quotes for services
A quotation issued by PDCI for die cutting or other services to be performed is premised upon PDCI’s interpretation of Buyer’s written plans and specifications. PDCI makes no representation as to the accuracy of this interpretation. Buyer accepts all responsibility for determining the materials and services required.
b.) Quotes are not transferable
A quotation issued by PDCI is not transferable. Quotations are based on various market factors and business considerations and may not be used by any other buyer or any other person or entity without PDCI’s express written consent.
c.) Quotes are not offers to sell
A quotation issued by PDCI is not an offer to sell. All purchase orders are subject to the prior approval of PDCI’s credit department, and no purchase order is accepted until acknowledged in writing by an authorized representative of PDCI.
d.) Quotes expire after thirty days
A quotation issued by PDCI expires at 5:00 p.m. PST, thirty (30) days after the date the quotation was issued. A purchase order responding to a quotation must be placed and accepted within thirty (30) days of the quotation for the stated prices to apply. Notwithstanding, PDCI reserves the right to withdraw or amend a quotation, and to adjust the stated prices, upon written notice to Buyer.
If Buyer subsequently cancels an order, PDCI may at its option invoice Buyer for its reliance costs, rather than the full contract price.
6. RISK OF LOSS
Products are sold F.O.B. at PDCI’s place of business. Buyer assumes responsibility for all costs of transporting the Products and/or damages incurred in transportation. If PDCI assists Buyer in this regard, the Parties agree that such assistance is gratuitous, and PDCI shall have no obligation or liability arising therefrom. Risk of loss passes to Buyer when PDCI delivers the Products to Buyer at PDCI’s place of business.
8. SECURITY INTEREST
PDCI shall retain a security interest in the Products, the accounts receivable related to the Products and the proceeds from the sale of the Product as security for Buyer’s performance of its obligations. Buyer hereby authorizes PDCI to create and file a financing statement. Buyer agrees to execute and deliver such other documents as necessary to create, perfect or enforce such security interest.
10. DISCLAIMER OF WARRANTIES
PDCI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS OR PDCI’S SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO PERSON, INCLUDING BUYER, IS AUTHORIZED BY PDCI TO MAKE ANY WARRANTIES OR ASSUME ANY LIABILITY FOR PDCI WITH RESPECT TO THE PRODUCTS OR SERVICES. ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHALL NOT BE RELIED ON BY BUYER. UNDER NO CIRCUMSTANCES SHALL PDCI BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF PDCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. ADDITIONAL TERMS
These Terms and Conditions shall be interpreted in a manner to be effective and valid, but if any provision is held by a court of competent jurisdiction to be prohibited or invalid, then such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating or affecting the remainder of such provision or the remaining provisions of these Terms and Conditions.
b.) Binding Effect
These Terms and Conditions shall be binding upon and will inure to the benefit of each Party and their respective successors and assigns.
c.) Governing Law
These Terms and Conditions, and any other terms and conditions applicable to any purchase by Buyer of Products or services from PDCI, shall be governed by and construed according to the laws of the State of California.
In any dispute, claim or controversy between the Parties as to the legal effect of these Terms and Conditions, or any legal action or proceeding brought by one Party against the other arising out of any purchase by Buyer of Products or services from PDCI, the Parties expressly consent to the personal jurisdiction of the state courts located in Alameda County, California, and agree that the prevailing Party shall be entitled to a reasonable award of attorneys’ fees and costs.
In any dispute, claim or controversy between the Parties as to the legal effect of these Terms and Conditions, including the determination of the scope or applicability of this agreement to arbitrate, or any legal action or proceeding brought by one Party against the other arising out of any purchase by Buyer of Products or services from PDCI, said dispute, claim or controversy shall be determined by arbitration in San Francisco, before one arbitrator, to be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.