These Terms and Conditions of sale govern the sales of products purchases from TEB Inc. and prevail over any conflicting or inconsistent Terms and Conditions appearing on any purchase orders submitted by the customer.
TEB Inc. will make every reasonable effort to deliver items within the quoted lead time, however lead times quoted are a reasonable estimate based on shop conditions at the time of the quote. TEB Inc. will not be liable for any special, incidental, or consequential damages resulting from delivery delays or inability to deliver.
TEB Inc. hereby rejects any "TIME IS OF THE ESSENCE" clauses contained in customer purchase orders.
3a. TEB Inc. liability is limited to the cost of direct labor and material of product loss or three (3) times our quoted charges for the product, whichever is the lesser. Our quoted charges are based upon this Limited Liability Policy.
3b. TEB Inc. will not be liable for products that are produced to customers supplied dimensions or customer instructions. CUSTOMER AGREES TO INSPECT PRODUCTS MADE BY TEB INC. BEFORE PLACING PARTS INTO SERVICE. PRODUCTS WILL ONLY BE PLACED INTO SERVICE IF BUYER ACCEPTS THAT PARTS MEET CUSTOMER REQUIREMENTS.
3c. TEB Inc. shall not, under any circumstances, be considered as an insurer of customer's material or merchandise and shall not be liable, regardless of cause, for loss by fire, explosion, theft, pilferage, vandalism, casualty, or acts of God while such material or merchandise is in TEB Inc.'s possession.
3d. TEB Inc. uses the industry standard of 5% scrap allowance when performing work on customer supplied items.
By purchase order placement, customer agrees to defend, indemnify and hold harmless TEB Inc., its employees, and agents from any liability resulting from any product produced for the customer.
TEB Inc. warrants that all products produced will comply with customer specification or drawings furnished at order placement. TEB Inc. does not warrant any product for purpose of fit and/or merchantability.
6. Governing Law
These terms and conditions of sale shall be interpreted in accordance with and governed by the laws of the Sate of California, excluding its conflict of law rules. Any litigation arising shall be brought in the state or federal courts located in Los Angeles, California and the parties consent to the jurisdiction over them by such courts.