Terms and Conditions
QuantitiesSomma Tool Company reserves the right to over-ship or under-ship any given parts order by a factor of ten percent (10%) of the order quantity. Invoice shall reflect the exact number of parts produced and shipped.
CancellationCancellation requests from the Buyer require the written consent of Somma Tool Company. The Buyer shall be liable for reasonable costs and expenses incurred by Somma Tool Company prior to notice of cancellation.
Warranty and Liability DisclaimerIf Buyer claims delivery of products is not as ordered, he must notify Somma Tool Company within fifteen (15) days of receipt of shipment. If such claim is sustained, Somma Tool Company shall, at its option, repair, replace, credit or complete order. Charges for repair or inspection of products by Buyer without prior authorization cannot be honored. Seller will not be responsible for any claim for shortage not reported within that period. If any given products delivery contains both conforming and non-conforming products, the Buyer’s remedy shall only apply to those products that are non-conforming and Buyer shall not be entitled to reject the entire order. Buyer shall not return any non-conforming products to Somma Tool Company unless so directed and authorized by Somma Tool Company in writing, with an "RMA" number, and Buyer shall be solely responsible for any transportation expenses associated with any unauthorized return. Somma Tool Company’s liability for non-conforming products shall be limited in amount to the amount charged by Somma Tool Company for the products determined to be nonconforming.
Somma Tool Company shall have no liability whatsoever for any actual, special, incidental or consequential damages or loses (including no recall or line stoppage liability) which may be suffered by Buyer. Somma Tool Company’s liability shall in no case exceed the purchase price of the product or products that gave rise to the claim.
The foregoing states Somma Tool Company’s entire and exclusive liability.
Standard Conditions of Sales and Order AcceptanceAll Buyer orders are expressly limited to the acceptance of these Terms and Conditions and any terms contained in any purchase order or other purchase document from Buyer, whether in addition to or in replacement of any of these Standard Terms and Conditions, shall be of no effect and are hereby rejected by Somma Tool Company in their entirety.
Standard Product ReturnsSomma Tool Company’s standard products may not be returned without prior written authorization and must be accompanied by an assigned Return Merchandise Authorization (RMA) number. Products returned without prior written authorization and not clearly marked with our assigned RMA number will not be accepted. Expenses that result from the return of goods must be borne by the Buyer. Returned goods are subject to restocking charges.
Resale ItemsProducts manufactured by others but furnished by Somma Tool Company are limited to the original manufacturer's warranty and return policy and Somma Tool Company shall not be liable under any circumstances for defects in such products.
Buyer SpecificationsIn the event that Buyer provides specifications for parts to be manufactured by Somma Tool Company, Buyer warrants to Somma Tool Company that Buyer has all legal or other rights necessary to utilize such specifications and shall indemnify and hold harmless Somma Tool Company from and against any and all liability, damages or costs (including attorneys fees and costs) incurred by Somma Tool Company as a result of the use of such specifications including, but not limited to, any claims by third parties for infringement of patent or other intellectual property rights.
Delivery Dates and SchedulesThe promised delivery date is the best estimate possible of when the products will be shipped. Somma Tool Company shall not be liable for any loss, damage, incidental or consequential damages due to delays or non-delivery.
ShippingAll shipments will be shipped F.O.B. Waterbury, CT.
VenueBuyer agrees that any claim, dispute or controversy arising out of or relating to this transaction shall be made or brought solely and exclusively in the state or federal court having jurisdiction over Waterbury, CT, which is in New Haven County, CT. Buyer hereby consents to personal jurisdiction in said forum.
TermsAll prices are Net 30, no cash discount is allowed unless otherwise indicated. All past due accounts shall be assessed a service charge equivalent to 1-1/2% per month (18% annual rate). In the event that Somma Tool Company hires an attorney to assert any of its rights or defenses in connection herewith or to collect amounts due, Buyer agrees to be responsible for all of Somma Tool Company’s legal fees and expenses as well as costs of collection.
Credit ApprovalShipment and delivery of goods and performance of work shall at all times be subject to the approval of Somma Tool Company’s credit department and Somma Tool Company may at any time decline to make any shipment or delivery or perform any work except upon receipt of payment or upon terms and conditions or security satisfactory to Somma Tool Company.
All sales shall be subject to the Terms and Conditions set forth. Terms and Conditions are subject to change without notification. If state or federal regulations override one or more parts of these terms the remainder shall remain in effect.