Terms and Conditions
As of January 01, 2013 Desert Plastics acquired all assets of Southwest Custom Acrylics from Dary Corporation. To assist customers, vendors and all business processes, the name “Southwest Custom Acrylics” is still retained because of its familiarity with the market. While verbally, and in certain printed applications, the name “Southwest Custom Acrylics” is used, it is important to note that the name is actually a brand name. It is not an actual company with its own tax numbers. Legally, “Southwest Custom Acrylics” exists as a “DBA” name only. All taxes are now reported through the Desert Plastics, LLC tax numbers just as they used to be reported through the Dary Corporation tax numbers.
CONDITIONS OF SALES:
- All parties, either currently conducting business or requesting to do business with Desert Plastics or the DBA “Southwest Custom Acrylics”, will be bound by the following Terms & Conditions. For the purpose of these Terms and Conditions, any reference to Desert Plastics and / or the DBA “Southwest Custom Acrylics” will hereafter be referred to only as “DP”.
- All information provided within our response to any Request for Quotation, whether written or verbal, is considered proprietary and subject to these Terms & Conditions.
- All entities, both public and private, requesting DP to provide any product(s) and / or service(s), in any form, including request for quotations, agree to accept the Terms and Conditions presented herewith; and no terms, conditions or statements, provided in any materials, in any manner, originating from any entity outside of DP, shall overrule these Terms and Conditions.
- All statements, technical information and recommendations are based on DP’s present knowledge and experience. The information provided is believed to be accurate at the time. However, DP does not guarantee the accuracy or completeness of any information and assumes no liability for such information or advice. No information, whether written or verbalized, is a warranty that the product is suitable for any particular application.
- DP shall have no liability for merchantability of the Product / Project or its fitness for a particular purpose even if DP is aware of such purpose.
- DP shall not be responsible for consequential, indirect or incidental damages (including loss of profits) of any kind. It is the customer’s sole responsibility for design, material selection, inspection and testing of all products regarding the suitability of specific products for any given application.
- Reference to trade names is neither a recommendation, nor an endorsement, of the corresponding product, and does not imply that similar products could not be used.
- Since the use of any product is beyond the control of DP, no guarantee or warranty, expressed or implied, is made as to such use, or effects incidental to such use, handling or possession of the results to be obtained, whether in accordance with the directions or claimed so to be. DP expressly disclaims responsibility therefore.
- Other than the proprietary Rain Barrel product line marketed by DP under the name “Tijeras Rain Barrels” which have their own specific warranties, DP MAKES NO WARRANTIES, AND UNDERTAKES AND ACCEPTS NO LIABILITIES, EXCEPT ONLY AS SET FORTH IN ITS CURRENT TERMS AND CONDITIONS OF SALE.
- DP does not warrant specifications, tolerances, suitability, fitness or any other aspect of any product. In the event of product defect or failure, DP’s liability shall not exceed the cost of the product when purchased from DP by a customer who bears an applicable receipt. It should be noted that labor or other incidental costs, are never warranted by DP or its manufacturers, in the event of product failure.
- All transactions are considered taxable until a current New Mexico Non-Taxable Transaction Certificate is in our possession.
- If your purchase involves a “blemished” product, please be aware that ALL blemished products (aka “Blems”) are sold “AS IS”, have no warranty, and are not returnable. Please inspect product before accepting.
- We will not be held responsible for undetected errors on a final design drawing that has been approved by customer. Alterations requested by customer after a final design drawing has been approved may incur additional charges.
- In accordance with United States and International Law we claim the copyright on any design, sketch, artwork, or other creative work we have substantially created and furnished to customer unless other arrangements are agreed to in writing.
- All DP substantially created drawings, designs, sketches, artwork, or any other creative work, whether electronic or otherwise, are our intellectual property and may not be copied, reproduced or forwarded to others by any means without our express permission. In cases where a logo, artwork, or other elements are provided by customer to us, customer warrants that the subject matter is not copyrighted by a third party or that customer has been granted permission to use the copyrighted material. To support these warranties, customer agrees to indemnify us in any legal action connected with copyright infringement involving the work produced.
- Sheet, Rod, and Tube materials are produced to generally accepted standard commercial specifications and tolerances. The manufacturer warrants any defects or variances in specification.
- Manufacturing tolerances of wall thicknesses of our sheet raw material vary by material and wall thickness from 5% to 15%. Tight-tolerance / critical-dimension material is available at an added cost.
- All fabrication quotations are based on our standard cutting and fabrication tolerance of +/-.125” (1/8 inch) unless specifically requested otherwise in writing.
- Rotationally molded products in Polyethylene and Polypropylene have the following standard industry tolerances:
– Wall Thickness: +/- 25%
– Linear: +/- .030″ plus .010″ per linear inch of dimension in question
– Flatness: +/- .050″ per inch
- Unless arranged specifically, orders for all custom fabricated items require a 50% payment due with receipt of Purchase Order and before production begins; Final 50% payment plus freight charges are due at order completion and before shipment.
- All orders are C.O.D. unless negotiated separately. Requests for credit must be in writing and include Bank name, address and account number, Federal Tax I.D. number (FEIN), D & B number, and three (3) vendor credit references. Upon approval, the normal terms are net 15 days.
- We reserve the right to halt any and all orders to past due accounts until such accounts are made current.
- We reserve the right to alter or completely cancel credit terms for any reason to anyone.
- Any invoice older than (60) days will automatically place ANY customer on “Credit Hold” and no shipments will occur, regardless of when the order was placed or any promises of specific ship dates, until the payment problem is resolved.
- All payments received more than (10) Business Days past their due date are subject to a 10% late payment fee.
- Acceptable forms of payment include Cash, Cashier’s Check, Electronic Funds Transfer (EFT), Company Check, Visa, MasterCard, Discover, and AMEX.
- A $30.00 Returned Check Fee will be assessed for any check returned by your bank for any reason.
- To make a Wire Transfer, please use the following information:
1418 Carlisle NE
Albuquerque, NM 87110, USA
Account Number: 156400272134
Routing Number: 107002312
DELIVERY / FREIGHT Related:
- Customer responsible for all freight costs.
- We are not responsible for shipping damage. All claims should be directed to the carrier. All shipments are FOB Albuquerque, New Mexico, unless otherwise noted.
- To reduce costs, all shipments from our facility are shipped WITHOUT Insurance unless specifically directed in writing by the ordering entity to include it.
- Any shipment may incur additional packaging / handling charges. If so, you will be notified of these extra charges before your order is shipped.
- Unless specifically detailed otherwise, all Quotations do NOT include costs for customs clearance, insurance, destination duty and tax, penalties resulting from intentional or unintentional delay, storage, detention, and wait time charges.
- Rates are based on today’s valid fuel surcharges. These are subject to change without notice.
- Rates are based on today’s valid tariffs. These are subject to change without notice.
- No returns will be accepted without prior authorization.
- All claims must be made directly to us within ten (10) days of invoice date. Item(s) will need to be returned to our factory prepaid where a refund less restocking and shipping will be processed.
- Absolutely no returns accepted on blemished items, fabricated items, custom orders, Specials, Close-Outs, Adhesives, Resin, Table Tops, anything cut-to-size, items with Logos, and drink ware items.
- Absolutely no returns accepted on used products.
- Absolutely no returns accepted on products that are in such condition that they cannot be resold as new.
- All returns are subject to a minimum restocking charge of 20%.
- Credit Terms for the initial order on all custom graphic work is as follows: 50% is due at time of order. The remaining 50% is due after final approval of Graphic by customer and before delivery of any molded parts.
- There are NO Credit Terms on reorders of custom graphics. 100% prepayment is necessary.
- Please allow 4-6 weeks for initial graphic fabrication from receipt of acceptable artwork.
- All new molds must be “seasoned”. This is performed by simply molding parts in it until the parts start being reproducible (or acceptable by you). This varies by mold, but generally the molds are “seasoned” after 2 to 10 parts. The costs to perform this “seasoning” are not factored into your per-part cost because the necessary quantity cannot be accurately predicted. Therefore, please understand that we will deliver and invoice all parts necessary to achieve a “seasoned” mold. These parts may, or may not, be useable.
- Quotations are based on customer-supplied CAD Drawings. We can arrange CAD Drawings at additional cost.
- Standard lead times for mold fabrication are 4-6 weeks for mold TO SHIP. Time starts at receipt of drawings approved for fabrication, initial down payment, and Hard-copy Purchase Order.
- Credit Terms for ordering custom molds are as follows: 50% Down Payment at time of order. When Mold is available, we will run (1) part in Polyethylene to assist you in determining mold approval. Upon mold approval, the remaining 50% is due before actual production starts. All prototype parts remain the property of Desert Plastics until final mold payment is received.
- Mold rigging charges to be determined upon receipt.
2401 A Phoenix NE
Albuquerque, NM 87107
Toll: (505) 884-3889
Fax: (505) 884-3932
Copyright © 2018 All Rights Reserved Desert Plastic
Tijeras Rain Barrels: Div. of Desert Plastics
2401 A Phoenix NE
Albuquerque, NM 87107