Terms & Conditions
NOTICE TO CUSTOMER – Evans Composites, Inc. (“ECI”) and the undersigned agree that these terms and conditions, and no others, shall constitute all the terms and conditions between ECI and Customer with respect to this work order. Any modification to these terms and conditions must be made in writing and signed by both parties.
PRICE/PAYMENT – ECI shall provide Customer with a written quote, which quote must be accepted by Customer in writing prior to the performance of services by ECI. In the event that ECI discovers conditions that were not identified by its initial inspection of Customer’s component, ECI shall have the right to reasonably revise its quote, subject to Customer’s acceptance of such revised quote. If Customer does not accept ECI’s revised quote, the ECI, in its sole discretion, may cease work and Customer shall pay ECI in full for all services performed prior to the cessation of work. ECI shall be paid for the performance of services prior to the shipment of the component from ECI’s facility, unless Customer’s credit is approved by ECI in advance, in which case the payment terms will be net thirty days from the date of ECI’s invoice. All work orders shall be shipped FOB to ECI’s facility in Mansfield, Texas. All payments made to ECI shall be made in U.S. Dollars.
TAXES – Any taxes that ECI may be required to pay or collect with respect to the performance of services shall be for account of Customer, except for taxes based on the gross receipt or net income of ECI.
PACKAGING – ECI’s packaging will be per standard commercial practices unless otherwise advised. Any required special crating or replacement of reusable containers shall be paid for by the Customer.
DOCUMENTATION – All shipments by ECI will include a packing list, a certificate of compliance, and copies of acceptance test results, when applicable. In addition, overseas shipments will include a commercial invoice and necessary shipper’s export declaration.
INSPECTION – The components repaired or replaced will be subject to Customer’s final inspection and approval at Customer’s facility. ECI may at its discretion, repair or replace any component found not to meet the requirements of this work order. The discovery of a non-conforming component shall not alter the Customer’s obligations under the work order.
CHANGES – Changes to this work order may be made only with the written consent of ECI. If such changes cause a change in the work due under this work order, or in the time required for ECI’s performance, then an equitable adjustment shall be made and the work order shall be modified in writing accordingly.
SHIPPING/DELIVERY/STORAGE – The components that are the subject of this work order shall be shipped to and from ECI’s facility at the Customer’s expense. Upon completion of the services, ECI will arrange for shipment in accordance with Customer’s instructions, freight collect. ECI may ship the component anytime on or before the delivery date stated in the work order. Customer assumes all risk of ownership/loss when the product leaves ECI’s facility. ECI will not be liable for any delay in delivery due to fires, floods, strikes or other labor disputes, accidents to equipment, acts of sabotage, overriding priorities of Federal or State authorities, or any other cause beyond control of ECI. Parts stored at ECI after completion will be subject to an inspection fee at the time of shipment and will require 24 hour notice prior to shipping. At the time of inspection, any discrepancy found to be the result of the typical aging process of the unit will be repaired at the Customers expense. All parts stored at ECI for more than 6 months after completion will be subject to a storage fee agreed upon between the Customer and ECI.
WARRANTIES – ECI warrants that any component repaired of overhauled by ECI will be free of defects in workmanship. ECI’s obligation under this warranty is limited to repair or replacement of the component at ECI’s option. This obligation exists only when the Customer has given ECI written notice of any such claimed defect within 15 days of the date of discovery. ECI shall not be responsible for any removal or reinstallation cost incurred by the Customer. ECI’s warranty will be as follows: 1) Overhauled components – Eighteen (18) month from date of shipment from ECI; 2) Repaired components – One (1) year from date of shipment from ECI; 3) Bench Check or Inspection – No Warranty. The customer will return the component freight prepaid to ECI. ECI will return the component 2nd day ground prepaid if warranty is accepted. If the warranty is denied or the Customer requests a different mode for return of the component, then those expenses will be charged to the Customer. A new warranty period is not established for the repaired or replaced component. Such components will retain the remaining warranty of the original overhaul/repair warranty period. Components that have been subjected to misuse, neglect, or contamination, damaged by accident, rendered defective by improper storage, installation, removal, operation, or maintenance are not covered by any warranty. Under no circumstances shall ECI have any liability whatsoever for any indirect, special, exemplary or consequential damages.
LIMITATION OF LIABILITY – Notwithstanding any other provisions of this work order, ECI’s maximum liability to Customer shall not exceed the price of this work order. Any action against ECI under this work order or related to its subject matter must be brought within one year after the cause of action accrues. Customer shall not be entitled to any incidental, exemplary, special or consequential damages if ECI breaches or otherwise fails to perform any obligations under this work order.
INDEMNITY – To the fullest extent of the law, Customer shall defend, indemnify and hold harmless ECI, its directors, officers, servants, agents and employees from and against all losses, damages, claims, liabilities or injury to or death of persons, or damage to, loss or destruction of property, arising out of or in any manner connected with this work order or the services and work provided hereunder.
INSURANCE – At all times ECI is performing services for Customer, Customer shall maintain an insurance policy in an appropriate and reasonable amount from a reputable insurer to meet its indemnification obligations to ECI. Upon ECI’s request, Customer shall produce proof of the existence of such acceptable insurance.
ASSIGNMENT – Neither party may assign this work order without first obtaining the written consent of the other party.
ECI’S DATA – Under no circumstances does this work order permit the use or transfer to the Customer of any ECI’s patents, copyrights, designs, processes, know how, drawings and or technical data.
CERTIFICATION/ACKNOWLEDGMENT – ECI’s written acknowledgment, written acceptance or performance under this work order shall constitute certification that all services were performed in conformance with the Fair Labor Standards Act.
GOVERNING LAW AND JURISDICTION – This work order shall be subject to and construed in accordance with and under the laws of the State of Texas. ECI and Customer agree that original jurisdiction of any dispute arising under or pursuant to this work order shall be in the Common Pleas Court of Tarrant County, Texas. Both parties irrevocably waive any forum inconvenient defense to any action that may arise under or related to this work order or performance of services hereunder.
COUNTERPARTS AND SEVERABILITY – These terms and conditions may be signed in counterparts and such counterparts taken together shall constitute an original. If part of these terms and conditions is held invalid, then the invalid term(s) and condition(s) will be severed and the remaining terms and conditions will remain in full force and effect.
The customer agrees to be bound by the terms and conditions above and no others.