Terms and Conditions
4K Solutions, LLC
Terms and Conditions of Quotation and Sale
The Terms and conditions stated below apply to all quotations and resulting orders for the products and services by 4K Solutions,LLC.
Any modifications or additions to these terms and conditions must be agreed to in writing by 4K Solutions, LLC.
1. QUOTATION VALIDITY: All quoted prices, other charges and
leadtimes are valid for a period of thirty (30) days from the date of
quotation. Extension of this validity period will be considered when
2. CREDIT TERMS: 4K Solutions, LLC reserves the right to review the
credit history of the Buyer prior to order acceptance. C.O.D terms may
apply and will be so stated on the face of the quotation. All invoices are due
and payable within thirty (30) days from the date of the invoice (if
approved for credit terms). A one and a half percent (1½%) carrying charge
will be added to invoices that are not paid within sixty (60) days from date
3. TAXES: All prices will be quoted, all orders accepted and all invoices
presented, will be exclusive of all federal, state and local excise, sales,
value added and similar taxes.
4. DELIVERY: Delivery of products by 4K Solutions, LLC will be within
the quoted leadtime shown on the quotation, or to the delivery date
acknowledged by4K Solutions, LLC. Deliveries based on monthly releases
against the Buyer’s purchase order are subject to review, acceptance or
mutually negotiated schedules, 4K Solutions, LLC shall use its best
endeavor to meet agreed delivery dates, but shall not be held liable for non
compliance due to uncontrollable conditions.
5. METHODS OF SHIPMENTS: All shipments are F.O.B. Midland,
Georgia, U.S.A. The method of shipment is the Buyer’s option and so
stated in the Buyer’s purchase order. If no method of shipment is stated by
the Buyer, 4K Solutions, LLC will choose a method that insures safe,
undamaged, timely delivery of the product.
6. WARRANTY: When 4K Solutions, LLC resells Original Equipment
Manufacturer (OEM) Products and Services, the OEM Warranty
supersedes 4K Solutions, LLC’s Warranty. Unless otherwise noted a return
material restocking fee of 20% of the purchased price will apply. Return
shipping charges will be at the responsibility of the Buyer.
4K Solutions, LLC warrants that the custom product delivered to the Buyer
will be free of defects in materials and workmanship. The warranty period
will be thirty (days) days from the date of the products invoices / shipment.
During that thirty (30) day period, it is the Buyer’s obligation to inspect,
accept or reject the product. Notice of rejection must be submitted to 4K
Solutions, LLC, who (at its option) can authorize the return of the product
for reinspection, repair or remanufacture. Refunds or Credits for Custom
Products and Solutions are not authorized. All Sales on Custom Products
and Solutions are final. 4K Solutions, LLC reserves the right to request
samples of the rejected product for inspection and evaluation. If product is
returned and subsequently found by 4K Solutions, LLC to be compliant
with acknowledged specifications, the product will be reshipped and
payment will be due per the original invoice or if a debit was prepared by
the Buyer, will be reinvoiced for immediate payment. Any and all returns
must be authorized by 4K Solutions, LLC issuing a return material
authorization number (RMA); Returned product not referencing a RMA
number cannot be accepted by 4K Solutions, LLC’s Receiving Department.
OTHER THAN AS SET FORTH ABOVE, THERE ARE NO EXPRESS
OR IMPLIED WARRANTIES, INCLUDING THOSE OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
NOR ANY PRODUCT SOLD HEREUNDER, WHETHER SUCH
PRODUCT IS USED ALONE OR IN COMBINATION WITH ANY
7. LIMITATION OF LIABILITY:
(A ) 4K Solutions, LLC liability on any claim for loss of
damage arising out of an order or sales contract shall not exceed the total
value stated on 4K Solutions, LLC’s invoice.
(B) If 4K Solutions, LLC furnished technical or other advice
to the Buyer, whether or not at Buyer’s request, with respect to processing,
further manufacture, other use or resale of goods 4K Solutions, LLC shall
not be liable for, and the Buyer assumes all risk of such advice and the
8. PATENTS, COPYRIGHT AND TRADEMARK INDEMNITY: 4K
Solutions, LLC assumes no consequential or other liability and the Buyer
agrees to indemnity and hold 4K Solutions, LLC harmless against any and
all liability expenses, losses and/or damages caused by infringement of any
patent, copyright or trademark.
9.CHANGES: Any changes to the product specification, purchase order,
pricing, delivery schedule and other specific terms in the original quotation
and/or acknowledged order are subject to the review and acceptance of 4K
Solutions, LLC. Changed which alter the original scope of the work to be
performed and which have any cost impact must be mutually negotiated,
accepted in writing, reflected in a revised purchase order before
implementation of the change
10. TOOLING, DIES, TEST FIXTURES, DRAWING, ETC.:
(A) Unless otherwise specifically agreed upon in writing
between the Buyer and 4K Solutions, LLC, all tooling, dies, test fixtures
and all drawing (Hereafter referred to as “Tooling”) used by 4K Solutions,
LLC to manufacture the product, shall remain the exclusive property and
under the exclusive control of 4K Solutions, LLC and shall not be
deliverable to the Buyer.
(B) The “Tooling” charges presented by 4K Solutions, LLC
to the Buyer at time of quotation and subsequently included in the Buyer’s
purchase order and finally invoiced by 4K Solutions, LLC and payment
rendered by Buyer, are only an estimate of the costs to produce the
“Tooling”. Ownership of the “Tooling” from 4K Solutions, LLC to the
Buyer can only transfer after 4K Solutions, LLC Quotes the charges related
to the fair market value of the “Tooling” and the Buyer consents, in writing,
to pay this amount. Unless otherwise agreed to, sale, transfer, delivery of
the “Tooling” to the Buyer is on a sold “AS IS” basis without any
11. BUYERS FURNISHED MATERIAL (S): Orders requiring the use of
the Buyer’s raw material, components and/or equipment are accepted
subject to mutually agreed to delivery of said materials. If said material
and/or equipment are deemed by 4K Solutions, LLC to be defective, 4K
Solutions can cease performance on the Buyer’s order(s) until a remedy to
the defective material(s) is provided and 4K Solutions concurs with said
12.COMPLIANCE WITH LAWS: The rights and obligations of 4K
Solutions, LLC and the Buyer with respect to 4K Solutions’ quotation and
the resulting Buyer’s contract shall be governed by the laws of the State of
Georgia, U.S.A. and any applicable United States of America Federal law
13. TERMINATION: Any order may be terminated by the Buyer upon not
less that forty-five (45) days prior written notification to 4K Solutions,
LLC, subject to the following conditions:
(A) Buyer will accept delivery of, and pay for, all products
which are completely manufactured as of the effective date of termination.
(B) 4K Solutions, LLC will advise the Buyer in writing as to
the Buyer’s liability for work-in-process material and labor costs actually
incurred plus a reasonable profit. Once advised, the buyer shall cooperate to
negotiate acceptance and effect payment for any and all of these costs.
Additionally, if “Tooling” costs are to be included in termination charges,
costs will be derived as per paragraph 10(b) herein.
(C) If mutual agreement cannot be reached as to the results of
the termination, 4K Solutions, LLC reserves the right to remedy the matter
in the courts per paragraph 12 herein.
14.ASSIGNMENT: Buyer shall no (by operation of law or otherwise)
assign its rights or delegate its performance hereunder with prior written
consent of 4K Solutions, LLC and any attempted assignment or delegation
without this written consent will be void.
15. NOTICE: All notices and communication required or permitted to be
given to 4K Solutions, LLC shall be in writing and shall be given by
registered or certified mail, postage and fees prepaid and sent to the address
on the front of the quotation or order acknowledgment.
16. BUYER’S DEFAULT: Upon the happening of any one or more of the
(A) Buyer’s default in the payment of any sum due to 4K
Solutions, LLC hereunder.
(B) Buyer’s default in the performance of any other provision
of these terms and conditions for a period of more than ten (10) days after
delivery of written notice of such defaults Buyer by 4K Solutions, LLC .
Then 4K Solutions, LLC, at its option, may exercise one or more of the
(1) Withhold delivery of any goods which are subject of the order
of sales contract.
(2) Stop deliver of good in the possession of a carrier or other
parties and cancel the order or sales contract
(3) Exercise any and all right and privileges that 4K Solutions
may have under the laws of either the State of Georgia or the
United States of America or both.
All of the above and none other constitute the entire terms and conditions
of quotation and sale by 4K Solutions, LLC.