Terms and Conditions

1. Acceptance by Mission of Buyer’s purchase order, pursuant to the terms of this quotation, will constitute a binding contract, subject to modification or cancellation only by mutual written agreement.
2. Buyer’s authorization to start production after submission of samples by Mission constitutes full acceptance of the parts or molds submitted and future production will be based on the standards set by this acceptance plus normal mold wear due to production. Unless otherwise specified, decimal dimensions are subject to a variation of plus or minus .005 inch per inch and fractional dimensions to a variation of plus or minus .010 inch per inch.
3. Orders will be deemed properly filled if the number of units or merchandise delivered does not vary than ten percent (10%) more or less than the number of units ordered. Buyer will accept and pay for any merchandise not in excess of ten percent (10%) of the number of units ordered and will be entitled to a corresponding reduction in price for any shortage.
4. Terms of payment shall be Mission’s regular terms in effect at the date of sale. Merchandise will be shipped f.o.b. Mission’s plant. Prices given are firm only for an uninterrupted run in a single color in the lots specified and for the amount of each individual order accepted. Smaller runs, except for Mission’s convenience, will be subject to an increase in price. Prices will be subject to adjustment by Mission every ninety (90) days and after completion of each run to correspond with material and labor costs then in effect. Quoted prices do not include any sales or use taxes that may be applicable. Buyer agrees to reimburse Mission for any sales or use tax paid by it with respect to the merchandise covered by this quotation. When appropriate, Buyer will provide a sales and/or use tax exemption certificate or a resale certificate.
5. Mission expressly reserves a lien on all of Buyer’s merchandise and molds in its possession for the payment of the purchase price or such merchandise and as security for any other indebtedness due by Buyer to Mission. In the event payment is not made within sixty (60) days following the due date, Mission may use buyer’s molds or tools to make and sell articles and parts until the account is liquidated or Mission may sell all or any part of such molds or merchandise at public or private sale at such place places and to such person or persons as Mission may in good faith determine.
6. Mission may alter or suspend credit, refuse shipment or cancel orders when, in its opinion, the financial condition or Buyer or the status of Buyer’s account warrants it.
7. Molded parts will be furnished by the Buyer according to his approved part drawing with no subsequent machine work to be done by Mission unless it is specifically agreed to in its quotation. The finish on any piece includes only such polish as is obtained from the molding process and does not include a polishing or buffing operation or special finish. Unless Buyer specifically states a preferred method of packing, molded items will be packed in bulk. An additional charge will be made for special boxing or packaging.
8. Any special gauges, jigs or fixtures required for a job are to be supplied by Buyer or at his expense.
9. Mission agrees to store and maintain all molds which it supplies in connection with this quotation for as long as such molds remain in active use, but for not more than one (1) year following the last production order involving such molds. For molds supplied by Buyer, Buyer agrees to reimburse Mission for all maintenance costs that may be incurred, including polishing or other reworking. Buyer agrees to pay a reasonable charge for alterations made at his request. Molds ordered from or through Mission shall remain the property of Mission until the agreed purchase price of the mold is paid in full. Buyer authorizes Mission to scrap any mold of Buyer in Mission’s possession which for a period of two (2) years has not been used in connection with a production order; and credit Buyer’s account with the salvage value, if any, in the event the Buyer desires to move his mold from Mission’s possession, Buyer agrees to pay an additional engineering charge of twenty-five per cent (25%) of the total cost of the molds. The engineering charge will be in effect two (2) years from date of invoice for the mold. Notification of the Buyer’s intent to take possession of this mold must be given ninety (90) days in advance of the removal date. Prior to removal of the mold from Mission’s possession, all ordered parts on hand of good quality made from the mold to be removed must be paid for.
10. Mission may refuse to perform any work pursuant to this quotation whenever in its opinion the material or mold received for performing such work is of such inferior quality that the work cannot be performed satisfactorily or economically.
11. Notice of any claims for shortages or defects must be delivered to Mission within ten (10) days after delivery to Buyer by carrier. Mission shall not be liable in any event for any amount in excess or the purchase price of the merchandise found defective and shall not be liable for transportation costs of returning such merchandise unless Mission agrees to accept the return of such merchandise prior to shipment.
12. Buyer agrees to indemnify Mission against any loss, liability or expense resulting from infringement or claimed infringement of patents or trademarks on merchandise furnished pursuant to this quotation.
13. Mission shall not be liable for delays caused by technical difficulties in manufacture of molds or delays caused by reworking or altering molds which when received were so defective that such alteration or reworking was reasonable, necessary to profitable use; nor will Mission be liable for damages to molds or tools caused by defective parts or for molded parts in which inserts are furnished by the customer and found to be defective after molding, Mission shall not be liable for delays in delivery caused by force of nature or causes beyond the reasonable control of Mission. Mission shall be liable only for the damages resulting from Mission’s negligent handling of Buyer’ molds, tools and parts while such property is in Mission’s custody. Buyer’s molds and materials in Mission’s possession are not covered by insurance.
14. Mission will not assume any liability for the practicability of design suggestions given by Mission’ engineering department.
15. Mission makes no warranty of fitness of the merchandise covered by this quotation for any particular purpose and makes no warranties, express or implied, other than as set forth above.