MORGAN HINGES, INC.
Terms and Conditions
16 May 2012
1. GENERAL. Morgan Hinges, Inc. is a small business with a simple philosophy: build a good product and people will use it. Our attempt is to produce high quality hinges, leg mounts, and knurled inserts to meet the aircraft industry’s needs. We are a small business and generally accept someone’s word as a commitment to honor our agreed to terms and conditions. What we have listed below is simple and applies to all our orders.
2. APPLICABILITY. By submitting a purchase order or verbal request for any of our products, our customers accept the terms and conditions contained herein. They take precedence over the customer’s terms and conditions and will be used to resolve any dispute between Morgan Hinges and a customer. Submission of an order means that the customer has contacted a representative of Morgan Hinges, or has submitted a written request via email or fax, with the expectation they Morgan Hinges will be sending a product or products to the customer.
3. SHIPPING AND PAYMENT.
a. We generally ship everything “FOB: origin.” That means that once the material is turned over to the customer’s designated or accepted carrier, ownership of the product transfers to the customer. We normally do not insure the product unless the customer requests that we do so. Normally, we ship using the customer’s account; however, we occasionally will ship using our account and adding the shipment and handling costs to the invoice. We can ship “FOB: destination;” however, if we do that, we will insure the shipment and increase the unit price of the product to cover shipment and insurance costs. The customer can request the means of shipment.
b. We only ship internationally using the customer’s shipping account. We do not ship FOB: destination without insuring the product.
c. Normally our invoices are NET 30, which means we expect to be paid within 30 days of receipt of shipment. For customers who grossly exceed the NET 30 terms, especially on a consistent basis, we will require pre-payment before we ship anything.
4. WARRANTY. Our hinges are built to meet our established standards and quality requirements. If a customer receives a hinge or other product and does not believe it is of an acceptable quality, the customer should contact us as soon as possible and we will work to correct the problem. Normally, we will take the product back if it has not been used and if it has been in the customer’s hands for a short time, i.e., less than 15 days. If the product passes the customer’s initial quality inspection but fails during use, we will replace failed items if they meet the following criteria:
a. The item has been installed correctly.
b. Stainless steel hinges have not been subjected to conditions outside their load capacities or other intended use. (Note: once an aluminum hinge is installed, we cannot warrant it from bending since it is easy to exceed the load capacity of an aluminum hinge.)
c. The item was received by the customer within the past twelve months.
d. The item has not been modified by the customer in any way.
5. DELIVERY. We are committed to delivering our products in a timely manner; however, customer surge in demand may be beyond our ability to meet in a timely fashion. If we accept a purchase order and a delivery date but realize that we will not be able to meet that date, Morgan Hinges will notify the buyer as soon as possible. Our failure to meet a delivery date will generally be due to a failed machine or labor matter-issues somewhat beyond our ability to control. Since we are a small business, the unexpected absence of one employee can have a significant impact on our ability to perform. Accordingly, we cannot assume any responsibility for shipments which are late. Fortunately, late shipments are a rarity, but they occasionally occur. Customer agrees to hold Morgan Hinges blameless for late shipments. Customer agrees that no compensation will be sought for any damages incurred as the result of late deliveries, or deliveries that contain faulty products.
6. TERMINATION. Customer agrees to pay for all work done on terminated projects. For items that are common to other customers, Morgan Hinges will determine if the hinges can be used within a reasonable time (three months) to meet other customers’ needs. If so, there will be no termination cost to customer. If this is a unique item, one which cannot reasonably be sold to another customer within a reasonable time, then customer agrees to reimburse Morgan Hinges for all material and work performed to that point of termination. Morgan Hinges will provide partially completed material to customer, if desired.
7. ANODIZING. Morgan Hinges contracts any anodizing done to its aluminum hinges or other aluminum products. TWH Enterprises (twhenterprises.com) in Arkansas does our anodizing. Hinges are sent there in batches and each batch has a different final shade. Some are shinier than others. Morgan Hinges will segregate batches by lot number so that different shades will have a different lot number. Customer agrees to accept different shades of anodizing as long as the product is labeled with different lot numbers for the different shades.
8. DISPUTES. Any disputes arising between Morgan Hinges and customers will hopefully be resolved between the two parties. Should legal action be required, customer agrees to use Collin County, Texas courts as the primary venue for claims. If that cannot be accomplished, then a state court within Texas will be used. Each disputant will be responsible for his own court costs.
9. CUSTOMER VISITS. Customers desiring to visit Morgan Hinges can do so after requesting to do so in writing. The customer will be responsible for his own expenses during such a visit. Since our shop and office areas are limited in size, customer will need to obtain off-site premises to review any records.