All deposits paid to QCMI Corp for tooling are non-refundable unless QCMI Corp fails after three attempts to provide the Customer with a sample that complies with the specifications provided to QCMI Corp. After the Customer reviews and approves the sample provided by QCMI Corp, all deposits paid by the Customer to QCMI Corp are non-refundable should the Customer decide to cancel the order for whatever reason.
The Customer understands and agrees that on all orders for fasteners and other smaller parts, the quantity will be in accordance with Industry Standards which is +/- 10%.
The QCMI Corp warrants to the original Customer that the products manufactured by QCMI Corp are free of defects in material and workmanship. If Customer notifies QCMI Corp within ten (10) days of any such defects (the “Warranty Period”), and returns the products to QCMI Corp at Customer’s sole expense, QCMI Corp shall, at its option, repair the products or replace them with products of comparable value. In either case, the Warranty Period for the repaired or replaced products shall extend after the date of repair or replacement for a time equal to the original Warranty Period which is ten (10) days. If Customer does not notify QCMI Corp of such defects, whether patent or latent, within the Warranty Period, QCMI Corp shall have no further liability or obligation to Customer therefore. In no event shall QCMI Corp liability under this warranty exceed the original purchase price of the products which are the subject of a proper notice of defects.
Notwithstanding any provisions of such Limited Warranties, your sole remedy against QCMI Corp for breach thereof shall be the repair or replacement of the defective material or workmanship, at the QCMI Corp’s option, without charge (except for labor costs), F.0.B. at QCMI Corp’ factory. IN NO EVENT SHALL QCMI CORP BE LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE PRODUCT OR FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. EXCEPT FOR THE FOREGOING AND THE LIMITED WARRANTIES DESCRIBED, QCMI CORP MAKES NO EXPRESS WARRANTY WITH RESPECT TO ANY PRODUCTS SOLD UNDER THIS CONTRACT AND SPECIFICALLY EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
In the event of any breach of the warranties set forth elsewhere in this contract, Customer’s remedies set forth elsewhere are the sole and exclusive remedy of Customer. In no event shall QCMI Corp’s liability for direct, incidental, consequential or other damages exceed the original purchase price of the goods.
The governing law for the sales transaction between QCMI Corp and the Customer shall be the Commonwealth of Pennsylvania and the rights and obligations of the parties shall be governed by, enforced under, and interpreted in accordance with the substantive law of the Commonwealth of Pennsylvania without regard to its principles of conflict of law.
The parties agree that any dispute, controversy or claim arising under or in connection with the transaction between QCMI Corp and the Customer or either parties performance, shall be decided in the Court of Common Pleas of Snyder County and for such purposes, each party hereby submits to the personal jurisdiction of the Court of Common Pleas of Snyder County sitting in the Commonwealth of Pennsylvania and agrees that service of process may be completed and shall be effective and binding upon the party served if mailed by certified mail, return receipt requested, postage prepaid and properly addressed to the party. Each party waives any objection to personal jurisdiction of such courts and agrees that it shall be barred from asserting any such objection, as long as any process is served in accordance with the foregoing. Each party hereby agrees to and does hereby waive any right to assert or move for transfer of venue to any court outside of the Court of Common Pleas of Snyder County of Pennsylvania. Each party further acknowledges and agrees that this paragraph has been a negotiation of arm’s length with the assistance of counsel or that either party could have received the assistance of counsel and it is fully legally effective and constitutes a voluntary agreement of the parties.