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TERMS OF SALE
P.M. Research, Inc. is a small business concern. P.M. Research, Inc. manufactures a line of radome and leading edge protective masks (sometimes referred to as boots) and leading edge tapes. These products are a commercial item. These products are manufactured as our off-the-shelf products only. We can make most sizes and shapes that you require. We do not manufacture your products to your specifications under contract or subcontract. Your drawings should simply specify our Product ID for our off-the-shelf items.
Our products are considered as paint or tape since they are in reality tape whether two dimensional or formed into a three dimensional shape. Since our products are not structural in nature, but more of a cosmetic nature and are of the nature of paint and tape, they are not required to be FAA approved. We are not required to have a STC and we are not required to be PMA approved.
Therefore, we do not fall into the normal category of vendor you are used to dealing with and for whom your terms and conditions may be written. For this reason, we offer these terms of sale to make both of our jobs easier and to facilitate a fast response to your needs.
1. INSPECTION AND QUALITY: Because of the proprietary nature of our products, we do not allow in-house inspections or inspection of our quality control files. We have no problems with quality self-audits or quality audits at our facility, but audits of our facility are a different matter. We provide nothing but high quality products and our products are manufactured to our own quality standards. Our quality control system does meet MIL-1-45208A and MIL-STD-45662A. We are approved by many leading aerospace companies.
2. PACKAGING: We pack our products in accordance with good commercial practices and a packing list is included with the shipment.
3. SHIPPING: We ship per your requested carrier if our area is serviced by your requested carrier. If not, we will offer you options or ship the best way.
4. F.O.B. TITLE AND RISK OF LOSS: F.O.B. point is our dock, Wellsville, New York, and title and risk of loss pass to buyer upon delivery to carrier.
5. INVOICING: Invoicing will be done the same day as shipment.
6. WARRANTIES: We make no warranties. All statements, technical information and recommendations herein are based on tests and actual use reports we believe to be reliable, but the accuracy or completeness thereof is not guaranteed, and the following is made in lieu of all warranties, expressed or implied, including the implied warranties of merchantability and fitness for purpose: Seller’s and manufacturer’s only obligation shall be to replace such quantity of the product proved to be defective. Before using, user shall determine the suitability of the product for its intended use, and user assumes all risk and liability whatsoever in connection therewith. Neither seller nor manufacturer shall be liable either in tort or in contract for any loss or damage, direct, incidental, or consequential, arising out of the use of or the inability to use the product. No statement or recommendation not contained herein shall have any force or effect unless in an agreement signed by officers of seller and manufacturer.
7. TOOLS: We manufacture and retain title and all rights to all tools and equipment.
8. MATERIALS: We do not use any buyer supplied materials in our products.
9. CONFIDENTIAL OR PROPRIETARY INFORMATION AND PROPERTY: We treat every customer’s information as confidential with the exception of normally available information such as name, address, etc.
10. COMPLIANCE WITH LAWS: We make every effort to comply with Federal, State and Local laws and regulations that apply to us.
11. PATENTS AND COPYRIGHTS: P. M. Research, Inc. will indemnify the Buyer and its officers, employees and agents and customer against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright arising out of the performance of this contract, provided the Seller is reasonably notified of such claims and proceedings.
12. HAZARDOUS MATERIAL: When used as directed, our material is not hazardous.
13. ON-SITE WORK: We perform no work on customers’ premises.
14. ANTI-KICKBACK: We do not engage in kickback or gratuity dealings. We may, on occasion, offer small advertising items of insignificant value such as business cards, pens, ball caps, calendars, and other similar small items.
15. CANCELLATION: Upon written notice of order cancellation, the prices of all unshipped products shall be adjusted according to the percentage of completion of those products and at the sole discretion of P. M. Research, Inc.
16. APPLICABLE LAW: This invoice, the fulfillment of this Purchase Order indicated on the front hereof, and any future Purchase Orders shall be governed by and construed in accordance with the laws of the state of New York.
17. ACCEPTANCE: These are the only Terms and Conditions applicable to the Purchase Order indicated on the front hereof, and all future Purchase Orders. We look forward to serving you.