Terms and Conditions
By accepting a quote and or sales order from B & D Spindles, LLC , you accept the following terms and conditions:
If ANY shop time is used “See if we (machine shop) can actually do job first” in the creation of a quote / model / gcode program proof etc – If the quote is not accepted the customer will be invoiced for that time only.
B & D Spindles, LLC at its sole discretion, may choose to change the terms, conditions , bdspindles.com and operations at anytime with out notification.
QUALITY- First, Last and In-Process Inspections are done on every job we run. We do it right the first time and every time giving you “exactly” what you expect or paid for.
CANCELLATIONS- We do not allow cancellations or refunds after an order has been placed and material received and or a job subbed out .Please contact B & D Spindles, LLC so we can discuss available options.
NO RETURNS- If parts do not meet agreed upon expectations after review, we will replace at no extra charge. There will be no refunds for any reason.
Price quotes are only estimates, based on the quantities requested. B & D Spindles, LLC reserve the right to adjust the price of quoted parts due to increases in the cost of materials or outside services, engineering and design changes, changes in quantities ordered, or any other changes to the parts that are beyond our control.The price and quantity quoted on a given part will be honored for 30 days
Verbal, Quoted and P.O Lead Time- Verbal , Quoted and P.O lead times are estimated and are not guaranteed and these are just some of the following factors that can delay delivery- they don’t include weekends or holiday – and and only start after ALL Material ,Tooling and or Fixtures are present :
Current workload, Machining complications, Supplier delays, Equipment malfunction, Overload of orders, Labor shortage, Facility problems, Out source manufacturing or fabrication.
Lost opportunity and the right to expectancy damages-
Customer recognizes and acknowledges that by undertaking this agreement to repair / manufacture or offer shop services, B & D Spindles, LLC will have lost the opportunity to accept other contracts and perform other work by designating personnel and dedicating resources to the preparation for and engagement of the work in question. In the event Customer decided to breach this agreement, or is persuaded to breach this agreement by a third party (even one privileged to interfere with a contract between Customer and B & D Spindles, LLC ), B & D Spindles, LLC shall be entitled to the full measure of the cost of repairs, manufacture of parts, fees, taxes, services, and charges, including charges for material, tooling and/or shop services, expected to be paid in the performance of this agreement, together with interest accruing at the statutory rate or as authorized by state law from the date of breach
Price and quantity quoted on a given part will be honored for 30 days unless noted.
Assembly, hardware, painting, shipping and insurance costs are not included unless specifically stated on the quotation
Shipping – Title to merchandise passes to customer when shipper turns it over to common carrier.
Shipping to B & D Spindles, LLC will NOT accept ANY packages without requiring a signature for release to B & D Spindles, LLC or its Operators.
Setup will vary from order to order and whether a part is simple or complex , one or many these are just some for the following steps needed not in any given order:
Analyze the order issued.
Produce a blue print or 3d model if needed
Locate and secure materials.
See which machine will suite the job best.
Determine which cutting tools will be needed and or need to be ordered or made.
Set up a way to hold the material in order to produce the part needed.
Create approval sample
Perform first inspection.
Clean and debur the part.
Rough cut and certify material prior to machining
Pack and Ship the part if needed
Please bear in mind that custom manufacturing costs more than off-the-shelf products
ITEMS / MATERIAL LEFT BEHIND – B & D Spindles, LLC WILL NOT BE RESPONSIBLE for Items Left Over 180 Days. AFTER 180 DAYS ITEMS or MATERIALS WILL BE DISCARDED unless other arrangements have been made.
New Customers (PLACING AN ORDER)- Require 50% Payment in order to order materials and start job. This applies to all occurrences, unless other arrangements have been made.
Final 50% of payment is required at time of delivery unless other arrangements have been made or noted.
B & D Spindles, LLC reserves the right to request 100% payment prior to any work being undertaken no matter the type of work being done or customer or customer’s seniority
SAMPLE/PARTS,PRODUCTION RUNS,PROGRAMMING ETC ARE NOT DONE FOR FREE-
Deposits 35% or more depending on the job and regardless of seniority for materials and or tooling may be required for any manufacturing or fabrication unless other arrangements have been made or noted.
Emergency / Rush / Expedited / Special non standard jobs – Services are available for at least 50% or more markup depending on the job complexity regardless of seniority
Shop Hours M-F 9am to 5pm / Saturday – 10 – 3 when scheduled / Closed on Sunday / Major and Government Holidays / Maintenance
Shop rate for standard work is $100.00 hr minimum 1hr unless prior arrangements are made
1 hour minimum, billed in increments of 1 hour and Does NOT include Materials or Tooling unless noted
Special services is $150.00 hr
Consulting and B & D Spindles, LLC Is purchased in 2 week increments unless noted
CAD Services is charged per hr. Any drawings generated by B & D Spindles, LLC for the aid in fabrication etc are the property of B & D Spindles, LLC if drawings are released they will be invoiced
Solid Model Generation is charged per hr. Any models generated by B & D Spindles, LLC for the aid in fabrication etc are the property of B & D Spindles, LLC if models are released they will be invoiced
CNC Programing is charged per hr
CNC Setup is a One time charge per job run
Manual Machine Setup and or tear down is One time charge per job run unless noted.
Emergency jobs / SAME DAY SERVICE/ ETC are charged Time and half increase of shop rate or of quote / unless noted.
TOOLS, DIES AND FIXTURES- Unless otherwise expressly provided, any tools, dies or fixtures or machines which may be developed and or bought for use in the production of the goods covered shall be owned by B & D Spindles, LLC or any producing mill, as B & D Spindles, LLC may elect, even though buyer is charged in whole or in part for the cost of such items.
HOLD HARMLESS- By having any repair or manufacture work done here you the customer indemnify and save and hold harmless B & D Spindles, LLC from any loss, liability, theft, damage or cost that may incur due to storing your vehicle, and or project/parts or samples upon or about B & D Spindles, LLC premises
PATENT INFRINGEMENT- If any of the goods are to be furnished to buyer’s specifications, buyer agrees to indemnify B & D Spindles, LLC and its successors and assigns, against all liabilities and expenses resulting from any claim of infringement of any patent or other propriety right in connection with the production of such goods.
GOVERNING LAW- This contract and all other agreements with respect to any and all sales by B & D Spindles, LLC shall be governed by NC law, and the state or federal courts located in Richmond County, NC shall have exclusive jurisdiction with respect to any disputes related hereto or thereto.
ENTIRE AGREEMENT- The terms set forth herein constitute the sole terms and conditions upon which B & D Spindles, LLC offers goods for sale. No other terms, conditions, or understandings, whether oral or written shall be binding upon JB & D Spindles, LLC, unless hereafter made in writing and signed by an authorized representative of B & D Spindles, LLC. B & D Spindles, LLC hereby specifically objects to any different or additional terms that may be contained in buyer’s purchase order.
LINKS TO THIRD PARTY SITES- This Web site may contain hyperlinks to web sites operated by parties other than B & D Spindles, LLC . These hyperlinks are provided for your reference only. B & D Spindles, LLC does not control the web sites of other parties and is not responsible for their contents. B & D Spindles, LLC’s inclusion of hyperlinks to web sites of other parties does not imply any endorsement of the material on those web sites or any association with their operators. COPYRIGHT The Intellectual Property Rights in this website and the materials on or accessible via it belong to “B & D Spindles, LLC ” or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).
‘B & D Spindles, LLC ‘ and the B & D Spindles, LLC Logo are trademarks which belong to B & D Spindles, LLC ‘ and they may not be used, copied or reproduced in any way without written consent from B & D Spindles, LLC.
Intellectual Property Rights
Includes the following (wherever and whenever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
B & D Spindles, LLC has no knowledge as to trademark or patent rights which third parties may claim in the goods that covered by this Agreement. Consequently, B & D Spindles, LLC makes no warranty whatsoever with respect to the freedom of the goods covered by this Agreement from claims of infringement by third parties arising from trademark, patent, or other property rights in the goods. Buyer understands and agrees that B & D Spindles, LLC does not warrant the goods free of the rightful claim of any third person by way of infringement or the like. Buyer further agrees to indemnify and defend B & D Spindles, LLC, at Buyer’s sole expense, against any claim of trademark or patent infringement arising out of any part or product sold under this Agreement and to hold B & D Spindles, LLC harmless from any damages, costs, attorney’s fees and expenses attributable to any such claim.The use of any sample, model, or drawing during the negotiations leading to this Agreement serves merely to indicate the type of goods that will be tendered to the Buyer. The samples or models create no warranty that the parts or products will conform to the samples, models, or drawings.
WARRANTY- B & D Spindles, LLC does not warranty the merchantability or fitness for a particular purpose and does not warranty ANY parts merchantability or fitness modified or re machined other than what is requested unless stated on this document. Liability for the breach of any warranty is limited to replacement of defective or nonconforming goods. Customer assumes all risks and liability for loss, damage, or injury to persons or property of Customer or others arising out of the use of possession of the goods. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. B & D Spindles, LLC at its sole discretion, may choose to change the terms, conditions , bdspindles.com and operations at anytime. By using the services of B & D Spindles, LLC the user waives any rights or claims it may have against B & D Spindles, LLC.
B & D Spindles, LLC will either manufacture a part or product based on (i) Buyer’s specifications, (ii) a sample provided by Buyer, (iii) drawings drafted by B & D Spindles, LLC, or (iv) any combination thereof. B & D Spindles, LLC states and Buyer acknowledges that B & D Spindles, LLCdoes not provide any engineering or metallurgical services. Buyer agrees that it is solely responsible for obtaining all engineering and metallurgical studies and/or reports. Buyer further agrees to indemnify and hold harmless B & D Spindles, LLC, its agents, representatives, employees, officers, related companies, affiliates, successors, and assigns from any and all claims, demands, actions, damages, and liability, including attorney’s fees and consequential and incidental damages, arising our of any injury or death to any person or damage to any property in any way connected with the parts and/or products manufactured by B & D Spindles, LLC. Buyer hereby agrees that it shall be solely responsible for and shall indemnify B & D Spindles, LLC from any voluntary or involuntary recalls of any products which contain parts or products manufactured by B & D Spindles, LLC or are parts or products manufactured by B & D Spindles, LLC regardless of the reason of the recall. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of NC. In connection with any dispute between the parties under this Agreement, the parties hereby irrevocably submit to jurisdiction of the Municipal Court of Richmond County, NC. Each party hereby waives and agrees not to assert, by way of motion, as a defense or otherwise in any such action any claim (a) that it is not subject to the jurisdiction of such court, (b) that the action is brought in an inconvenient forum, (c) that it is immune from any legal process with respect to itself or its property, (d) that the venue of the suit, action or other proceeding is improper, or (e) that this Agreement or the subject matter hereof may not be enforced in or by such courts. The obligations of the parties are performable and venue for any legal action arising out of this Agreement will lie in Richmond County, NC.