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TERMS & CONDITIONS

By using our platform you agree to the Terms of Service  including our additional Terms and Conditions stated below (collectively, “Terms”)

Effective Date: February 14, 2024

(Terms and Conditions attached to Sales Orders supersede these Terms) 

These General Terms and Conditions (“Terms”) govern the relationship of the Customer (“Buyer”, “you”, or  “your”)  with Simmple Machinery LLC (“Seller”, “us”, “we”, or “our”). Our goal is to provide Dependable Quality, On-time Delivery, and Outstanding Service at Competitive Prices.  Our ability to meet that goal depends to a large degree on receiving accurate and reliable information from our customers. Please make sure you have read and understood all the conditions written here before submitting your order. 

The following Terms are in place to ensure that your order will go as smoothly as possible.  These Terms have been developed from experience and are designed to prevent surprises to either party.   Any exceptions to these Terms must be specifically noted on an order-by-order basis.

  1. Lead Time:  Lead times are estimated and are not guaranteed.  Lead-times may vary due to current workload, material availability, fortuitous events, acts of God, and quantity ordered. 
  2. Pricing:  All prices are estimated based on the totality of the information provided to us at the time of the Sales Order.  Prices are valid for 30 days after the Buyer receives a formal Proforma Invoice.  Estimated prices are sensitive to total quantities, delivery address, and order date.  Any changes to total quantities, delivery address, or order date requirements from what was estimated may affect the price.
  3. Purchase Order:  A written purchase order is required for all Sales Orders.  All purchase orders will be reviewed against our Sales Order for accuracy.  Any changes to the scope of the Sales Order subsequent to the dated prepared will require a re-evaluation of the Sales Order.
  4. Sales Orders: Orders will not be processed until the requirements are accurately defined, prices are agreed upon and reflected in the purchase order, and all information to be provided by the customer is received.
  5. Quantities: The Buyer agrees to accept the quantity ordered on each line item. Special arrangements with the Seller will require to be in writing.
  6. Expedited and Minimum charges:   Simmple Machinery LLC will quote expedited surcharges upon request.  When expedited services are required, minimum charges for our services as well as our outsource suppliers will usually be necessary.   If a machine needs to be expedited, please contact our sales department to discuss the best options available.
  7. Cancellations: Ordered items are considered sold. Down payments are not refundable & can not be exchanged for other tools/items/services. 
  8. Delivery/Shipments: Seller shall not be liable for damages for default or delay in production or delivery for causes beyond his control including an accident to or breakdown of his equipment, labor disputes, embargoes, acts of God, supplier delays, government restrictions, riot or carrier delays. The packaging is standard. The Buyer shall bear the expense of all other packagings.
  9. Taxes: All sale and/or use taxes and Customs duties imposed by Federal, State, County, or Municipal authority upon Seller’s transfer and delivery of merchandise hereunder shall be paid by the Buyer.
  10. Claims: In all claims, the Buyer must notify the Seller within 5 days of receipt of shipment. 
  11. Returns: All returns must be pre-authorized by Simmple Machinery LLC and accompanied by a return authorization number. All returns must be insured and packed with the same care as they were originally packed by Simmple Machinery LLC.  Simmple Machinery LLC is not responsible for machines damaged in return shipments by the Buyer.
  12. Patents: Products made by the Buyer with the Seller’s machine that incurs the actual or alleged infringement of any patent registered in the U.S. or elsewhere, the Buyer shall defend and save the harmless Seller from all damages, claims, actions or suits.
  13. Warranty: Seller warrants that machines manufactured by him will conform to the drawings and specifications furnished by the Seller. 
  14. Limited Liability: The Seller’s liability shall be limited to the amount of the contract. The foregoing states Seller’s entire and exclusive liability. In no event will the Seller be liable for consequential or special damages arising from any defect or use of his product.
  15. Governing Law; Venue: This agreement shall be governed in all respects by the laws of the U.S. Commonwealth of Puerto Rico, and the parties agree that the appropriate venue for any dispute involving issues arising from this agreement shall be in the Municipality of Caguas in Puerto Rico.
  16. Entire Agreement: This document contains the entire agreement of the parties relating to this subject matter, may not be changed or modified except by an instrument in writing executed by the parties, and is binding upon the heirs, successors, personal representatives and assigns of the parties. Any other attempted modification shall be void and not admissible in evidence in any action arising from this agreement.