Terms & Conditions
Notwithstanding any other provision to the contrary, the following terms and conditions shall apply to any sale of Goods by BESCAST (“Seller” or the “Company”), having a place of business at 4600 E. 355th St. Willoughby, OH 44094. Any purchase order covering the sale of Seller product shall be governed by these Terms and Conditions of Sale and other written provisions mutually agreed upon, if any. Any oral understandings are expressly excluded.
Seller shall not be deemed to have waived these Terms and Conditions of Sale if it fails to object to provisions appearing on, incorporated by reference in, or attached to Buyer’s purchase order form, which provisions are hereby expressly rejected. Buyer’s silence, acceptance, or use of product constitutes its acceptance of these Terms and Conditions of Sale.
No modification or addition to these Terms and Conditions shall be effective unless agreed in writing and signed by an authorized representative of Seller. Buyer shall not be obligated to buy any product, and Seller shall not be obligated to sell any product to Buyer.
If Buyer orders product and Seller delivers product, these Terms apply to all such transactions.
1. Prices
All quoted prices are effective on the purchase order date (unless otherwise quoted). Shipments are EXW (Ex-Works) for international and FOB Shipping Point for domestic orders. Prices exclude taxes, which will be added to invoices.
Until the full purchase price is paid, Buyer grants the Company a security interest in the Goods and their proceeds.
2. Delivery Date
Delivery dates are estimates and subject to change. ±3% variance in quantity per line item fulfills the order. Seller is not liable for delays caused by strikes, acts of God, shortages, government actions, or other uncontrollable events.
Once parts are released to production, delivery dates are firm and cannot be changed without Seller’s written approval.
3. Warranty
a. Company warrants its Goods to be free from material defects per drawing and purchase order, except:
i. When Goods are mishandled or improperly treated after delivery.
ii. When defects result from components purchased by the Company.
iii. When components are supplied by Buyer.
iv. No component warranty extends beyond the warranty period of the device in which it is incorporated.
b. There are no implied warranties of merchantability or fitness for purpose. All claims must be made in writing. Company reserves the right to inspect and determine defect cause.
Defective Goods will be repaired or replaced F.O.B. Company’s plant. Buyer must notify Company within 15 days of receipt for visible defects or shortages. Defects not impairing service are not grounds for rejection.
4. Order Changes
Buyer may request changes by written notice. If changes affect cost or lead time, Seller must notify Buyer within 20 business days for price/schedule adjustment. Seller cannot make changes without Buyer’s written approval.
5. Limitation of Liability
Company’s liability is limited to repair, replacement, or refund (at its discretion) within 90 days of delivery.
Company is not liable for incidental or consequential damages, including machining, coating, assembly, or injury-related losses. Buyer shall indemnify Seller for any related liabilities.
6. Indemnity
Buyer shall indemnify and hold Company harmless from all claims, damages, costs, or attorney’s fees arising from product use, including patent or trademark infringement claims related to Buyer’s specifications.
7. Shipment
Unless specified otherwise, all shipments are F.O.B. point of shipment. Risk and title pass to Buyer upon delivery to a common carrier.
Company is not liable for shipping losses or damages. Absent written instructions, Company may ship freight collect by a carrier of its choice.
8. Cancellations and Return of Goods
Orders cannot be cancelled or suspended without written consent. Buyer must reimburse the Company for materials, labor, overhead, and lost profits if cancellation is accepted.
No Goods may be returned without prior written authorization, and no returns are accepted after 6 months from ship date.
9. Termination
Company may terminate orders if Buyer fails to pay, breaches terms, or becomes insolvent. Termination is effective upon written notice.
10. Packing and Crating
Standard domestic packing is included (continental U.S. only). Additional charges apply for crating or export packing.
11. Miscellaneous
a. Modifications must be in writing and signed by a Company officer.
b. Typographical or clerical errors are subject to correction.
c. Governed by Ohio law.
d. Seller’s quotations do not imply acceptance of Buyer’s terms.
e. Company is not liable for delays due to natural disasters or supplier issues.
f. Unauthorized discounts may incur a service fee.
12. Invoice
If no quotation or confirmation is issued, Company’s Standard Terms and Conditions apply as listed on the invoice. Buyer’s additional or differing terms are rejected unless accepted in writing.
13. Severability
If any provision is found illegal or unenforceable, the remainder of these Terms remains valid.
14. Default and Attorney’s Fees
If Buyer defaults, becomes insolvent, or fails to pay, the Company may repossess Goods without notice. Buyer waives all rights to possession. Buyer is responsible for Company’s attorney’s fees and court costs. Company’s rights are cumulative.
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Note on Latent Defects
Bescast complies with drawings, specifications, and quality requirements. It does not accept rejections for defects discovered after machining, etching, or thermal treatments.
Such latent defects (e.g., minute porosity/inclusions) may not be detected by NDT methods. Bescast uses Nadcap-certified NDT practices (e.g., radiographic inspection), though sensitivity varies with geometry and thickness.
Bescast encourages open dialogue to reach mutually beneficial resolutions. However, return costs should be directed to the design entity and quality group that defined inspection sensitivity.