Rapid Manufacturing Company, LLC Standard Terms and Conditions of Sale

(Terms and Conditions and notes included in quotations may supersede these terms)

Rapid Manufacturing Company, LLC is wholly devoted to quick lead times and quality parts. Our ability to continue to deliver quickly and competitively is dependent, in part, upon receiving accurate information in a timely manner from our customers.  Our Standard Terms and Conditions exist to support our clients and reasonable expectations and support once fabrication has begun.

All quotes, credit card orders, purchase orders (submitted or received), and invoices (submitted or received) fall under the following Terms and Conditions:

Quoted Lead Time

Lead times quoted are estimated and not guaranteed. Lead times may vary due to material availability and workload increases. Lead times are confirmed once order is received.

Pricing

All prices are based off information provided to us during the RFQ process. Prices are valid for 30 days unless otherwise requested. Quoted prices are all-inclusive, meaning all units must be purchased to obtain the bulk rate. Rapid Manufacturing Company, LLC reserves the right to requote based upon changes, including but not limited to reduced quantities, changes in materials, color, finishing and/or process, etc.

Purchase Order

All purchase orders are reviewed against our quotes for accuracy. Rapid Manufacturing Company, LLC is not responsible for changes made on Purchase Orders that are not reflected already in the quote. This includes, but is not limited to, changes in quantities, materials, color, finishing, requests for documentation (including inspection), material certifications, CoC or others.

Additional Quantities

Customer agrees to accept additional quantities outside of purchase order when created by Rapid Manufacturing Company, LLC at no cost.

Customer Supplied Data

Rapid Manufacturing Company, LLC is not responsible for errors in customer provided data. Errors including but not limited misrepresented dimensions, mismatches in drawing and CAD, last minute changes to customer provided data, and broken or corrupted files, etc.

Customer Caused Delays

Rapid Manufacturing Company, LLC is not responsible for missed Lead Times or deadlines due to customer caused delays and/or holds. These delays include, but are not limited to, material changes, questions regarding customer provided data, hardware sourcing issues and/or customer requested holds. In these events, Rapid Manufacturing Company, LLC will work to provide a new delivery date which should be reflected in an updated Purchase Order by the client.

Expedited Charges

Rapid Manufacturing Company, LLC can sometimes quote for expedited lead times at the client’s request. When expedited services are requested, additional labor charges and costs may apply from added labor, machine time and additional partner costs. If an expedite request occurs during a job in process, the Buyer agrees to assume the added costs.

Order Cancellations

Orders may be cancelled at any time, though the Buyer assumes immediate liability for materials, labor, and processing already completed. Such charges may include but shall not be limited to acquired raw materials, unamortized tooling, engineering, cost, finishing, etc.. Such charges will be determined at the time of cancellation by Rapid Manufacturing  Company, LLC.

Quality Claims

Rapid Manufacturing Company, LLC warrants that all materials are made to customer provided CAD/Drawings except in circumstances when noted or where tolerances are unachievable. Claims to material shortages must be made within five days after receipt of order. Claims to re-work or correct materials must be made within two weeks of delivery. In order to receive credit for out of spec or faulty parts, the Buyer must return all pieces to Rapid Manufacturing Company, LLC at their expense. Rapid Manufacturing Company, LLC is not responsible for errors in customer provided data, including mismatches on drawings and/or CAD files.  Rapid Manufacturing Company, LLC will make every effort to correct out of spec parts at their own expense though in circumstances where parts cannot be manufactured correctly Rapid Manufacturing Company, LLC reserves the right to charge a materials fee. Materials fees equate to roughly 50% of any Purchase Order amount.  Rapid Manufacturing is not responsible for costs incurred by the Customer based upon delays in shipping or in the delays in supply chains, assembly delays or other costs not under the control of Rapid Manufacturing Company, LLC.

Warranty

There are no express or implied warranties of merchantability, quality of fitness for any particular purpose, which extend beyond those specifically stated in this Terms and Conditions of Sale.

Partners

Rapid Manufacturing Company, LLC reserves the right to partially or wholly use partners domestically or overseas for any aspect of customer quoting and/or fabrication including, but not limited, to materials, hardware, finishing, painting, inspection, fabrication, re-work and shipping. In situations where unexpected costs occur, either for services or handling (i.e. plating, welding, shipping), the client will be notified and charged accordingly on invoice.

Shipping / Delivery Methods

Rapid Manufacturing Company, LLC is not responsible for damages or delays caused during shipping or production due to the following reasons: accidents, equipment breakdowns, labor disputes, embargoes, acts of God, supplier delays, government restrictions, riot or carrier delays. Bulk packaging is standard. The Buyer shall bear the expense of unforeseen packaging or handling costs.

Taxes

All sales and/or use taxes and custom duties imposed by Federal, State, County or Municipal Authority upon seller’s transfer and delivery of merchandise shall be paid by the Buyer unless collected by Rapid Manufacturing Company, LLC during invoicing.

Limited Liability

Rapid Manufacturing Company, LLC liability is limited to the amount of each individual Purchase Order or Credit Card Payment. Under no circumstances will Rapid Manufacturing Company, LLC be liable for consequential or special damages arising from late delivery, any defect, or use of Rapid Manufacturing Company, LLC products.

Recovery of Costs

If any legal action or other proceeding is brought for the interpretation or enforcement of this agreement, or because of an alleged breach, default, or other dispute in connection with any provisions of this agreement, only Rapid Manufacturing Company, LLC shall be entitled to recover reasonable attorney’s fees, whether for negotiation, trial, appellate, bankruptcy or other services and other costs incurred in the action or proceeding, in addition to any other relief to which it or they may be entitled to.

Governing Law

In situations where legal actions take place, ALL actions, filings, and proceedings must occur in the Rapid Manufacturing Company, LLC shall be Eau Claire county, Wisconsin.

Force Majeure

Should any party’s obligations and covenants herein, whether expressed or implied, be suspended at any time or from time to time by reason of any federal, state, county or municipal laws, rules, regulations, or executive orders asserted as official by or under public or quasi-public authority claiming jurisdiction, or if compliance with any provisions hereof be hindered by or conflict with any such laws, rules, regulations or orders, or if any party shall be prevented from performing or complying with any of its obligations or covenants herein by reason of acts of God, adverse field, COVID or other pandemic, weather or inability to obtain materials on the open market or transportation thereof, wars, strikes, lockouts, riots, or other conditions or circumstances not wholly and reasonably controlled by such party (any of the foregoing constituting an event of "Force Majeure"), then this agreement shall not be terminated in whole or in part, nor shall either party be held liable for damages for failure to comply with any such obligations if compliance therewith is prevented or hindered by or in conflict with any of the foregoing eventualities.  

Entire Agreement

This Agreement constitutes the entire agreement between the parties.  No modification, variation or amendment shall be of any force or effect unless it is in writing and signed by each of the parties hereto.  This Agreement represents the complete understanding between the parties hereto and supersedes all prior negotiations, representations or agreements, whether written or oral, as to the matters described herein.