Terms & Conditions4K 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 lead-times are valid for a period of thirty (30) days from the date of quotation. Extension of this validity period will be considered when requested.
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 of invoice.
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 OTHER MATERIAL.
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 results thereof.
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 warranties whatsoever.
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 remedy.
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 or statute.
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 following events;
(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 following options:
(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.
3% service fee added to all credit card orders.
Global Delivery Options
All Major Contacting Vehicles
Domestic Design & Assembly