Acceptance

All Orders are subject to acceptance at our Dallas Office by an officer of the company.

Delivery

Upon receipt of your order for the item(s) described on the order acknowledgment, packing list, or change order form, it is understood that the Purchaser has assumed responsibility on behalf of the customer for the final approval and design of goods supplied by The EMF Company. Estimated shipping dates are based on production time required after receipt of order. In the event additional information is required for processing or any revisions are made to the design, specifications or conditions of sale, the shipping date will be automatically extended by the period of time required to clarify the mutually agreed upon additions or alterations to the original order.

Delays in Delivery

EMF will not be held responsible for any delivery delay due to fires, strikes, riots, Acts of God, Or…delays in: Transportation, Terms and Conditions of Sale, delays in receipt of materials or parts, inability to obtain necessary labor, or any other causes beyond our control.

Penalties

Penalty clauses, legal or otherwise, of any type or description, in any specification or order, will not be accepted or effective without the prior expressed written approval by an officer of the EMF Company.

This term supersedes any purchase order terms implied or stated in written for on the purchase order, buying document, or conditions otherwise published.

Cancellation

Cancelled orders or jobs are subject to restocking charges plus labor and material expenses incurred up to the date of cancellation. EMF reserves the right to refuse an order of cancellation. Orders for standard listed goods may be cancelled without charge only if written instructions are received at our Dallas office prior to the beginning of fabrication.

Written instructions for cancellation are required for all cancelled orders.

Damage or Loss

Delivery of goods to a carrier by EMF shall constitute delivery to the Purchaser. All claims for lost or damaged shipments must be made against the carrier by the Purchaser.

Catalog Weights

All catalog weights given are estimated weights for your guide, and accuracy is not guaranteed.

Errors

All clerical errors are subject to correction.

Change Orders

Orders that require changes will be immediately placed on hold by EMF until time when the new delivery schedule and costs have been approved and signed by the Purchaser. Orders that require changes in design, fabrication, quantity, or otherwise will need instructions as to the effect of the change. The Purchaser is responsible for extra lead time and additional costs that may be required for the implementation of any changes.

Orders on Hold

Orders that are placed on hold beyond their original scheduled ship date will be invoiced at the original total on the originally scheduled ship date. Notation on the invoice will reflect that the order is still at the factory awaiting changes or release from hold. Any order that has been determined as entering the fabrication process and is placed on hold for more than seven days without the prior written approval of an officer  of the company, will be cancelled and invoiced at the amount  equal to the order in effect at the time of cancellation.

Quotations and Prices

All prices and discounts are subject to change without notice. Quotations on special items will be good for 30 days from date of quotation.

Drawings

A charge will be made if we are required to prepare drawings for approval of special items. All drawings needed for the expressed intent to fabricate a specialized component, or fabrication of any sort will require customer signatory and approval. A signed drawing from an employee of the customer indicates full and complete approval and responsibility of the final design

Terms

Net 30 days. A .2% per month interest charge will be made on all overdue accounts. All accounts are payable in U.S. currency at our Dallas Office. All orders are subject to credit approval. International accounts are subject to prior arranged terms and conditions that may include Letters of Credit, Wire Transfer of Funds prior to shipment, C.O.D., or other methods of payment prior to establishing open net terms.

Minimum Billing

Orders totaling less than $50.00 net will be invoiced at $50.00 plus transportation charges, UNLESS other prior arrangements and conditions are made.

Freight

F.O.B. the EMF Plant, Dallas, Texas

1. Full freight by common carrier for standard product, will be prepaid on a single shipment of 5000 pounds or more to a single destination within the continental United States.
2. Freight on shipments to destinations outside the continental United States will be routed to the United States port of export.
3. Standard catalog it ems only are subject to freight allowances.
4. No freight will be allowed on special items except as may be specified and negotiated in our quotation.
5. When EMF prepay’s freight, we reserve the right to choose the most economical routing.
6. On non-qualifying prepaid shipments, we reserve the right to forward on collect freight charge basis or prepay and add to the invoice.
7. All air freight is invoiced direct to the customer’s account or to the customer’s directed third party account, and must be set up prior to shipping

Warranty

Products of The EMF Company, Inc. are warranted to be free from defects in workmanship materials, and components for a period of 90 days from date of the order.

This warranty does not cover services performed, other than those services directly connected to the fabrication of a product.

This warranty applies when the product supplied is operated under the following conditions:

1. Compliance with all installation, maintenance, and operating instructions are followed.
2. Use of the product and equipment is within its designated purpose.
3. The product has not been: further modified from its original design as shipped, abused damaged by freight or other accident, misapplied, mishandled, or otherwise misused in a manner sufficient not to result in a successful application as intended for its use.

Additionally:

EMF assumes no liability beyond the repair or replacement of its own product, returned transportation prepaid. If within the warranty period any such products are proven to EMF’s satisfaction to be defective, then and in that event such equipment shall be repaired or replaced at EMF’s option. In the event that corrections or replacements are made to the defective goods, such an event will constitute fulfillment of all liabilities with respect to the goods and this warranty.

This warranty does not cover products sold by EMF under the EMF name, and not fabricated by EMF. EMF has taken appropriate measures to assure the quality and viability of those products, and they are well represented and backed by their own fully supportable warranty.

Returned Goods

1. No items may be returned for credit without our prior permission and return authorization number.
2. All returns require a Return Authorization number whether the return reason is for warranty, freight damage, or any other type.
3. Returns without an RA number will be refused.
4. All returns must follow established EMF return authorization procedure outlined herein.
5. Instructions to do so will be forwarded to the Purchaser in the event that goods must be returned.
6. The Purchaser assumes responsibility for following the correct instructions regarding returns and does not hold EMF liable in any way in the event that such procedures are not followed and product is refused at EMF and returned to its original shipped destination.
7. If the return is no fault of ours, transportation must be prepaid. A 20% charge will be made for handling and re-stocking. This will automatically be deducted from credit given. Also, deducted will be all freight charges paid by us, as well as any necessary rework to place the goods in salable condition.
8. Standard items that have been altered are not returnable.
9. Custom items built to a customer’s specifications are not returnable.
10. Items may not be returned for credit after 60 days from invoice date.
11. Under no circumstances will credit be allowed for unauthorized rework on any materials.