Terms & Conditions

ORDER ACCEPTANCE:

No purchase order shall be binding on Seller unless and until accepted in writing by and authorized employee of Seller. Any terms and conditions of Buyer’s purchase order or other similar instrument, which are different from, in addition to or inconsistent with Seller’s terms and conditions are expressly rejected by Seller, shall not be binding on Seller and shall not apply to this transaction, unless specifically agreed to in writing in Seller’s acceptance.
ORDER CANCELLATIONS: Buyer is responsible to pay cancellation charges related to Buyer’s order cancellation. Cancellation charges shall include as applicable the landed cost of raw materials, raw materials restocking fees, work in process, finished goods, partial or completed tooling, and miscellaneous items directly related to the cancelled order. Buyer is obligated to pay cancellation charges within 30 days of invoice date.

SHIPMENT AND DELIVERY:

Delivery will be made for each shipment of goods F.O.B. AEMT, Inc. Riverside, CA within United States of America or EXWORKS (Title transfer at seller’s dock) for Buyer’s exported product. Buyer shall examine all goods promptly upon receipt thereof. No later than fifteen (15) days after receipt, Buyer shall notify Seller of all claimed shortages or damaged goods, or if rejection is intended, shall specify all grounds therefore. Failure to give such notice shall be deemed an acceptance of the goods as of the date of shipment.

PAYMENT TERMS:

Payment terms for each shipment of goods shall be as stated on Seller's invoice in U.S. Dollars. In the event Buyer fails to make timely payment of any amount invoiced hereunder, Seller shall have the right, in addition to any and all other rights and remedies available to Seller, at law or in equity, to delay or cancel future deliveries. All costs of collection, including reasonable attorney’s fees, shall be paid by Buyer. Any obligation of Seller under this Agreement to deliver goods on credit terms shall terminate without notice if Buyer files a voluntary petition under a bankruptcy statute, or makes an assignment for the benefit of creditors, or if an involuntary petition under a bankruptcy statute is filed against Buyer, or if a receiver or trustee is appointed to take possession of the assets of Buyer. Unpaid balances on invoices for molds, tools, and molded parts covered by this quotation shall constitute a lien on any molds or tools in seller’s possession. Seller reserves the right to adjust production piece pricing in accordance with resin market fluctuations.

PART PERFORMANCE:

The technical performance of parts and materials is the responsibility of the customer, which assumes all liabilities associated with the use of the parts. The customer is responsible for all testing and approval prior to their use of the parts. Design characteristics which are deemed by AEMT to be the cause of over-molding flash, post-molding part distortion, warp or sink are the responsibility of the customer to correct through part design.

PART USE & DESTINATION:

The customer is responsible for complying with all applicable U.S. laws or laws of whichever country and/or locality said parts are associated with the direct or indirect use of the part(s) and the ultimate destination. The customer also certifies that the 3D CAD data being submitted to AEMT WILL NOT produce products that violate United States firearms laws or laws of any other international governments. AEMT cannot be held responsible or liable for violations of United States firearms laws or laws of any other international governments that are the result of the manufacturing, delivery or use of any product that was a provided design by the customer.

TOOLING:

All tooling is based on the customer supplied 3D CAD data which supersedes any conflict with 2D dimensional or geometric data. First Article quality reports on three (5) samples for the customer indicated critical dimensions are provided at no charge. Full dimensional layouts, CMM reports, or higher number of samples will be quoted as needed. AEMT will maintain and store the customer’s tooling at no cost for a period of 12 months of inactivity. After one year of inactivity, the mold(s) will be returned, at customer expense, or unless the customer initiates financial arrangements for storage with AEMT to protect and store the mold beyond the 12 months period of inactivity. All tooling will only be used to make parts for the original customer or their authorized associate during the period.

PART DESIGN ITERATIONS:

AEMT will modify tooling to support design changes at a quoted rate. AEMT reserves the right to determine the suitability of the mold modification vs. making a new mold. A set-up fee, based on the injection machine size required, is applied for each part run or tool sampling resulting from a customer driven design change to the mold.

CNC MANUFACTURED PARTS (CNC PROTOTYPE PARTS):

CNC manufactured parts are based on the customer supplied 3D CAD data which supersedes any conflict with 2D dimensional or geometric data. CNC manufactured parts are milled from a single block or multiple blocks of aluminum or molded resin and they can be used for form, fit, and function, however, are not intended as replacements for injection molded parts.

QUOTATIONS:

A quotation or “quote” is valid for a period of 30 days from the date quoted, unless AEMT informs a customer within this period, but prior to placing an order, that the quote is void. If the quote is voided, AEMT reserves the right to issue a revised quote or decline to quote. It is the responsibility of the customer to alert AEMT to all design changes that have been made after the quoted design state and acceptance of an order without such notification does not prevent AEMT from changing the price for the order. It is at AEMT discretion whether to accept, re-quote or decline an order with design changes. If AEMT deems necessary, the original quote will be voided and AEMT will issue a new quote for the revised part design, or will decline to quote. Any feature such as inserted features, over-molding, texturing, text, etc., or material not clearly identified in the customer’s request for quote, and not specifically stated on the quote, is not included in the quoted price. Furthermore, a part may be quoted with the assumption that design flaws that are not conducive to injection molding will be corrected prior to mold design. If moldability flaw(s) are present and identified during any time of processing the order, the customer will be informed. If the customer agrees, the design changes will be made, otherwise the order will be voided and the prorated down payment will be returned. AEMT will provide design change recommendations when the customer design is not conducive to industry standard and/or AEMT molding techniques. All quotes are FOB Riverside, CA unless otherwise specified.

Tooling and part quote is based on the part size and weight listed in the quote. The customer is responsible for verification of the parts listed in the quote conforming with the customer’s part design.

TITLE AND RISK OF LOSS:

Seller assumes no responsibility for any loss or damage occurring by reason of delay or inability to deliver caused by fire, strikes, accident, embargoes, delays of carriers, insurrection, riot, acts of civil or military authorities, acts of God or other acts or occurrences beyond the reasonable control of seller. Furthermore, seller assumes no responsibility for damages of any kind whatsoever on account of failure of delivery at time specified, regardless of cause. Buyer shall be responsible for maintaining insurance on all molds and tools kept in seller’s possession and acknowledges that Seller does not insure Buyer’s molds and tools. Seller shall not be responsible for safekeeping of buyer’s molds/tools.

TAXES:

All sales, use, excise, property or other taxes, whether Federal, state or local, with respect to the products or their sale or use are the responsibility of the Buyer.

CUSTOM PRODUCTION:

Custom orders can incur minimum purchases of raw material requirements. The buyer is responsible for consumption of any excess materials through future orders or one-time charges. Buyer requested deviations affecting design, raw material, acceptance criteria, packaging, and/or any variation from original agreement occurring after purchase order acceptance notification will be quoted accordingly.

INDEMNITY:

Customer shall defend, indemnify and hold seller, its officers, employees and agents harmless from and against all liability, loss and expenses of any kind, including attorney fees, arising out of any claim of infringement of any patent, copyright, trademark, or any other intellectual property right of any third party in connection with the products. Buyer will also indemnify and hold seller harmless from and against any liability, cost or expense and from any damages awarded, resulting from any product liability claim of any third party with respect to products.

WARRANTIES:

AEMT assumes no responsibility or liability for the design or designs of the products that are the result of this transaction. All designs are a result of the customer provided 3D CAD designs to AEMT for production of the customer’s goods whether they are customer-designed or a customer-approved design the customer had commissioned a third party to produce.

The customer will not hold AEMT responsible or liable for materials selected by the customer for production by AEMT. Although AEMT’s representatives may make recommendations as to which materials may be the better choice for production of a customer’s goods AEMT and/or its representatives will not express, imply or choose what materials are to be used in production of the customer’s goods; the choosing of said materials is solely the responsibility of the customer for their goods. The customer is responsible for their own due diligence and research as to which materials and designs for their goods is best to comply with government regulations regarding health and safety, CE, FCC, FDA, FMCSA, ISO, NSF, UL, and USP requirements, strength, durability and/or flexibility, or other regulations either not mentioned or implied in the present or future. This also includes specialized materials purchased by AEMT at the customers request as well as specialized materials provided to AEMT by the customer for use in the customer’s goods.

WEBSITE USAGE:

With respect to the users of the AEMT website, the use of stated AEMT website grants users a limited and non-exclusive license for the utilization of services offered by the AEMT website. AEMT reserves the right to refuse registration to anyone, for any reason. You may not upload harmful software, malware, spyware, Trojan Horses, viruses either directly, indirectly or via attachment to AEMT, or any of its subsidiary and/or related websites/web portals/applications or partners’ websites/web portals/applications. Any abuse or unwanted misuse of said website and its granted license will result in termination of any relationship with AEMT. License and accounts will be thusly discharged and terminated. Breach of the terms of this agreement or if AEMT cannot authenticate information that was provided to us by you shall result in termination of the website license and account registration. No rights or grants to the license to the AEMT website and software are expressed or implied except as specifically stated in the license agreement.

DELIVERY, RISK OF LOSS, AND FORCE MAJEURE:

AEMT shall not be held responsible or liable for diverse conditions which prevent compliance with delivery of products to customers. Furthermore, AEMT cannot be held liable for delays in delivery or damages that occur in transit or for failure to give notice regarding delivery delays. AEMT strives to keep customers apprised of delays if in the event that they occur. Delays are not reason or grounds for cancellation. Delivery transpires Ex Works upon the shipping date, and the risk of loss and title transfer to the customer upon moment of release of the shipment from AEMT to shipping service.

CONFIDENTIALITY/PRIVACY:

AEMT maintains its customers’ confidential information with the utmost care and we are diligently committed to maintaining submitted information confidential whether it be personal/company information, CAD files, quotes or orders. Additionally, it is understood by our employees that files and information submitted to AEMT are to be kept confidential as said files and information could contain proprietary information and/or intellectual property. Furthermore, AEMT agrees not to share your confidential information or confidential uploaded files with any individual or corporate entity outside of AEMT and its licensed partnerships. At the customer’s written request, AEMT will delete or erase all electronic data (CAD files) from it computer systems unless it is electronically archived and/or backed up data that cannot be accessed through normal means. All printed and electronic documents that pertain to the customer’s confidential and/or proprietary information shall also be destroyed upon the customer’s written request unless the aforementioned electronic data cannot be readily accessible. AEMT will provide confirmation to the customer that all electronic data and paper documents have been destroyed and/or erased.

IF OR WHEN WE NEED TO SHARE YOUR INFORMATION,
THIS IS HOW AND WHY:

We may share your information with:

• Service providers under contract who help with parts of our business operations, such as marketing, fraud prevention, bill collection, and technology services.
• Companies that AEMT owns, acquires, merges with or that acquire AEMT.
• Other third parties with your consent or direction to do so.
• We may share information about you if necessary to comply with laws or regulations or in response to a valid subpoena, order, or government request, or to protect the rights of AEMT or others.

DATA RETENTION:

We retain the data customers upload to us for purposes of using that data for the customer’s purposes only. This means for building injection molding tools and parts. This data is not shared with anyone except our manufacturing partners in the event AEMT utilizes said partners for manufacturing of said tooling or parts only. Nondisclosure agreements are taken very seriously and no tooling or parts information is ever shared with anyone outside the scope of our company.

PROTECTING PERSONAL INFORMATION:

AEMT uses reasonable and appropriate security measures e.g.: maintaining physical, electronic and procedural safeguards in compliance with applicable security requirements, including US federal and state regulations. We use computer safeguards e.g.: firewalls and data encryption. We secure physical access controls to our buildings and files; and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities.

GOVERNING LAW AND JURISDICTION:

These terms and conditions (and any agreement into which they are incorporated) shall be interpreted in accordance with and governed by the laws of the State of California.