a. The acceptance of quotations submitted by Creative Mold Company (herein referred to as Creative) includes acceptance of the following terms and conditions, subject to the provision contained in Clause 1-b hereof:

b. In the event of the customer's order form containing special printed conditions, the order for the goods quoted will only be accepted by Creative on the understanding that those conditions are not at variance with Creative's, or where there is any variance that such conditions have been waived by the customer.

2.  Contract

Quotations, unless previously withdrawn, shall be valid for a period not exceeding 30 days from their date.

3.  Prices

Quoted prices are prepared from information, drawings or other data provided by the purchaser. If any dimensional alteration is made after the placing of an order, the seller reserves the right to re-estimate the price and delivery. Prices are F.O.B. destination (if known) unless otherwise specified. Any increases in the cost of labor and/or materials, while work is in progress, will be notified and must be borne by the purchaser.

4.  Delivery

The stipulated time for delivery shall date from the receipt by the seller of the buyer's written order to proceed, or of all the necessary information, such as drawings, specifications, models or other data, to enable the seller to proceed with the work in hand whichever be later. Dates of delivery are not guaranteed. If at any time the seller shall be hindered or prevented from making or delivering the goods due to strikes, lockouts, war, fire, accident, shortage of materials or fuel, or any other cause whatsoever beyond his control, the time for delivery shall be extended until such cause shall have ceased to operate, but the seller may at any time, during the continuance of such hindrance or prevention, by notice to the buyer terminate the contract so far as it remains unperformed without incurring any liability because of such termination.

5.  Cancellation or Suspension

Orders accepted by Creative cannot be canceled or suspended except with Creative's written consent; and then -  if material has been purchased, manufacturing commenced, or if any expenditure has been incurred in designing or as a result of lack of instructions -   only upon terms which will indemnify Creative against all loss.

6.  Liability

a. The seller shall accept no responsibility for any damages or loss arising from delay in delivery, or handling or use of molds or tools during transit or from any consequential loss arising therefrom.

b. Under no circumstances will the seller be liable for any sampling or testing charges which the purchaser or agent of his may incur.

c. If any goods show defects arising solely from faulty materials and/or workmanship, the seller's liability shall be limited to replacing such goods, but no such liability shall arise unless notification of such defects is received by the seller within 14 days from receipt of goods and the alleged defective goods are returned to the seller prepaid. The seller shall be allowed a reasonable time within which to remedy the said defects.

7.  Alterations

a. Requests of alterations by the purchaser during manufacturing will be regarded as separate transactions from the original contract. Alterations shall be implemented by the seller upon receipt of written acceptance of price, delivery and terms quoted and subject to provision 7b herein.

b. Any requests of alterations or stoppage of work by the purchaser will alter the terms of payment of the original contract. Prior to proceeding with requested alterations or resuming work, Creative shall be paid for the percentage of work done to date or for the full amount of the contract either if the work has been completed or if samples have been submitted to the purchaser for evaluation.

8.  Tests, Inspections and Performance

All goods are carefully inspected and, where practical, submitted to standard tests before dispatch. If physical tests or running tests are required this will be at the customer's expense.

9.  Customer’s Property

Customer's property will be held entirely at customer's risk regarding damage by fire or any other cause. All tools, hobs, jigs, patterns and tracings are to be supplied by or charged to the customer and shall become his property. Creative shall not be responsible for holding these for more than six months after delivery of the goods ordered.

10.  Customer’s Materials

Should any spoilage occur due to defects in materials supplied by the customer or its unsuitability, it is understood that Creative is to be paid for the work done and any consequential damage resulting from it.

11.  Lien

Besides any lien to which Creative may be statue or otherwise be entitled, Creative shall be entitled to general lien on all goods of the buyer in their possession, although all or some of such goods have been paid for, for the unpaid price of any goods sold and delivered to the buyer by Creative under this or any other contract.

12.  Patents

Creative cannot accept responsibility if the goods are the subject of any Patent or Registered Design, and the placing of the order shall be considered as an undertaking by the customer to indemnify Creative against any loss in respect of infringement of any such Patent or Registered Design. Without prejudice to the foregoing, Creative reserves the right to cease work on any order if it should come to notice that the goods in question are the subject of any Patent or Registered Design, in which case the property in the work done should not pass to the customer (except at Creative's discretion) and Creative shall be entitled to recover and be paid such sums for work done and materials supplied as shall be reasonable in the circumstances.

13.  Performance of Contract

Each delivery shall be considered a separate transaction and the failure of any one delivery shall not affect the due performance of the contract regarding other deliveries.

14.  Claims

Claims for non-delivery must be made within 10 days of Advice Note according to Carriers Regulations.

15.  Packing

Packing cases are non-returnable unless otherwise specified.

16.  Transfer of Order

Creative's liability is restricted solely to the customer from whom the order accepted.

17.  Terms of Payment

Terms of payment are as outlined on Creative’s quotations. Requests for changes in terms must be made to and approved by Creative. In such instances, Creative reserves the right for re-quotation.

18.  Arbitration