Materials Standard: All products will be built with materials consistent with customer-supplied bills of materials and associated approved vendor lists.
Quality System: Midstate will maintain the current revisions of ISO 9001 and AS9100 registrations of its quality system.
Warranty: All products are warranted to be free of errors or deficiencies in workmanship for a period of 180 days following shipment from Midstate. No other warranty is expressed or implied.
ECOs, AVLs, and End-of-Life or Obsolete Material: All Midstate product prices include the cost of managing engineering change orders, approved vendor lists, and the approval process for alternate materials to replace materials declared end-of-life and/or obsolete by either the vendor or the customer. Resulting changes in per unit product costs, if any, will be reflected by adjustments to per unit product prices.
Customer Supplied Information: All Midstate product prices are contingent on the accuracy of customer supplied technical documentation, test times, estimated annual usage, and – if customer supplied prices for certain materials during the quote process -- the ability of Midstate to purchase said materials at those prices.
Significant Increase in Materials Costs: In the event Midstate’s materials costs increase significantly because suppliers place requisite materials on allocation or are otherwise unable or unwilling to supply materials at their originally quoted prices and/or because customer’s actual product demand is appreciably below its originally estimated demand, then Midstate’s product prices will be adjusted accordingly.
Product Delivery Schedule/Forecast: Midstate will order and procure materials, allocate equipment and staff, and otherwise make good faith efforts to meet customer delivery schedules / forecasts. In consideration, customer will not reschedule deliveries of products to more than thirty days beyond the originally scheduled delivery date or forecast for said products.
Excess Materials: Upon conclusion or termination of the applicable purchase order, contract, schedule, or forecast, customer will purchase excess materials acquired or built by Midstate in good faith on behalf of customer. Examples of such materials include those left over from minimum order quantities, odd job sizes, and unanticipated reduction in product demand. Said excess material can be finished goods or subassemblies, WIP inventory, non-returnable materials inventory, and materials on non-cancelable orders.
Shipment Terms: Products will be shipped F.O.B. Wallingford, Connecticut with freight costs at customer expense.
Limitation of Liability: Midstate’s liability (whether under the theories of breach of contract or warranty, negligence or strict liability) for its work on behalf of the customer shall be limited to repairing or replacing the products found not to comply with the limited warranty described above, or, at Midstate’s option, refunding the purchase price of such products.
Disclaimer of Other Warranties and of Consequential Damages: Other than as specifically provided above, Midstate makes no other warranties, either express or implied, and disclaims all other warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall Midstate be liable for incidental or consequential damages arising out of or in connection with its work on behalf of the customer.