jcrapid Privacy Policy
At jcrapid, we take your privacy seriously. We understand you may have concerns about how your Personally Identifiable Information (PII) is being used online, so this Privacy Policy will inform you about what kinds of information we collect and how that information is used, stored, protected, disclosed and transferred.
You have choices available to you regarding how your PII is used, stored or deleted. If you don’t agree with our practices regarding your data, it is advised that you either refrain from using our web-based services or take note of the following conditions and the options they present to you.
What Information Do We collect?
Personal Information
This policy applies to two separate types of information we may collect from you. The first type is anonymous information primarily collected through the use of cookies (see below). This allows us to track website traffic and compile broad statistics about our online performance. This information cannot be used to identify any particular individual and is routinely deleted from our servers on a rolling 14-month basis.
Additional data is Personally Identifiable Information. This applies when you fill out a form, sign up to receive our newsletter, respond to an online survey or otherwise engage jcrapid to provide a personal service to you. Information we collect may include, but is not necessarily limited to, the following:
- Name
- Contact Information
- Company Information
- Project Information
You may at any time decline to submit any personal information in an online form but please note that this may stop you from being able to use some sections of our website and it may prevent you from requesting quotes and accessing some of our services.
Cookies
Some of the data about your online activities is automatically collected with the use of cookies. A cookie is a small file containing a string of characters that is sent to your computer from the website you are visiting. This allows the website to recognize your computer in the future, optimizing the way content is provided according to your stored preferences and other information.
The owners of a website may use first-party cookies, which track your interaction with their site. Other service providers may use what are called third-party cookies. These may be linked to your web activity for the purposes of advertising, providing interactive content and net-based analytics. The parties that set these third-party cookies can recognize your computer both when it visits the website in question and also when it visits other websites. At JCrapid we use first-party and third-party cookies to track and target the interests of our website visitors so that we can provide you with a good user experience and to deliver you relevant content and service information.
Google, as a third-party vendor, uses cookies to serve ads to promote our website and to provide analytics data. Google’s use of cookies enables it to serve re-marketing ads to our users based on previous visits to our site and other sites on the Internet. Our use of Google analytics data is anonymous and cannot be used to identify an individual. Read the below section on updating and accessing your information to see how you can adjust your cookie settings.
When Do We Collect Information?
Anonymous information about your interaction with our website is collected when you accept the use of cookies. If you decline the use of cookies, no data about your interaction with our site will be collected.
Personal information about you is collected only when you complete a form and only with your consent.
How do we use your personal information?
We collect information from you, or about you, to allow us to do the following:
- To keep your account secure
- To better respond to your customer service requests
- To quickly process your transactions
- To follow up with you after correspondence (live chat, email or phone inquiries)
- Provide you with an online experience tailored to your needs and interests
- Provide you with customized information about our services
- Provide you with relevant marketing information
- Compile data about site traffic and site interactions to improve your experience on our website(s)
- We may also use trusted third-party services that track this information on our behalf
We use cookies to:
- Keep track of advertisements
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future
- We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, check your browser’s Help Menu to learn how to modify your cookie settings. If you turn cookies off, some of the features that make your site experience more efficient may not function properly.
How Is This Information Shared?
Third-Party Websites
Our website(s) may contain links to third-party websites such as Facebook, Instagram, Twitter and YouTube. These third-party websites may collect and transmit information about you and your use of their services, including information that can be used to identify you personally.
jcrapid does not control and is not responsible for the collection practices of these third-party websites. Your decision to use their services is entirely voluntary. You should ensure that you are comfortable with how these third-party websites use and share your information by reviewing their privacy policies and/or modifying your privacy settings directly on those third-party websites before electing to use their services.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website(s), conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We do not include or offer third-party products or services on our website(s).
Transferring Data
jcrapid has subsidiaries and sales offices in countries including Germany, UK, USA, Australia and Hong Kong. To facilitate our global operations, we may share or transfer information to these locations to provide you with a high-quality service and customer support. We have taken appropriate safeguards to protect your personal information. Any and all jcrapid personnel who have access to or make use of your personal information will be bound by contractual agreements of confidentiality and data protection. This Privacy Policy applies even if we transfer personal information to other countries.
Compelled Disclosure
We reserve the right to use or disclose your personal information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.
How Long Do We Retain Your Information?
How long we keep information we collect about you depends on the type of information. If you are a customer of jcrapid or if you have requested a quote or information from jcrapid, we may retain your personal information or information about your project until such time that there is no legitimate business or legal reason for doing so.
If you wish to have your data deleted before this time please contact us at [email protected] to arrange for removal. We will respond to your request to change, correct or delete your information within a reasonable timeframe and notify you of the action(s) we have taken.
Information collected through the use of cookies is stored for 14 months and is kept anonymous unless you are a jcrapid customer or have completed a form. Retention of some data may be necessary for us to meet legal obligations or manage customer agreements as per our terms and conditions.
How To Update Your Information
By submitting information to us and/or by using our website(s), you give your consent that all information that you submit may be processed by jcrapid. If you do not agree with the data practices described in this policy you should not use our website(s) or you should follow the below information on how to manage your privacy.
If you wish to withdraw consent and have your data deleted, please email us at [email protected] and we will follow our processes to remove your data. Please note, you may not be able to access some services if consent is withdrawn. Without personal, company and project information, we cannot quote and cannot carry out prototyping or manufacturing services on your behalf.
You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by accessing the Settings or Preferences control panel of your web browser.
Most internet browsers are initially set-up to automatically accept cookies. You can change the privacy settings to block cookies or alert you when cookies are being sent to your device. The help function on most browsers contains instructions on how to set your browsers in order to manage cookies.
Site visitors not interested in receiving information about our services through tailored ads on Facebook and/ or Twitter can opt-out here and/or here. Site visitors can opt out or customize the information Google Analytics and Google AdWords collects from our website(s) and others on the web by clicking here. Visitors can opt out or customize the information Bing Ads collects from our website(s) and others on the web by clicking here.
With any electronic correspondence we send, you will always have the ability to opt out of future mailings. If you feel you have received mail by mistake or if you no longer want to receive correspondence email us at [email protected] to unsubscribe.
Other Information About Legal Compliance
jcrapid is aware that there are different laws and regulations about data protection which may apply in the regions where we do business or where we have an active digital presence. In all cases we endeavor to uphold the highest standards of ethical business practices and will work in good faith to protect your legitimate right to privacy.
In accordance with CAN-SPAM legislation in the United States, we agree to:
- Not use false or misleading subject headers or email addresses;
- Identify advertising messages as such in a reasonable way;
- Include the physical address of our business or site headquarters;
- Monitor third-party email marketing services for compliance, where applicable;
- Honor opt out/unsubscribe requests quickly;
- Allow users to unsubscribe by using the link at the bottom of each email
Age Restrictions – Children Online Privacy Protection Act
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission and the United States Consumer Protection Agency enforce the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
People under 18 (or the legal age in your jurisdiction) are not permitted to use jcrapid on their own. jcrapid does not knowingly collect any personal information from children under the age of 13 and children under 13 are not permitted to register for an account or use our services. If you believe that a child has provided us with personal information, please contact us at [email protected]. If we become aware that a child under age 13 has provided us with personally identifiable information, we will delete it immediately. We do not specifically market to children under the age of 13 years old.
How To Contact Us
If you have any questions about our Privacy Policy or if you want to opt out of any marketing emails, you may contact us via email at [email protected] and we will get back to you.
jcrapid Limited Terms and Conditions
- General Provisions
This document from jcrapid (Shenzhen JC Rapid MFG Industrial CO ,LTD.) contains the entire terms and conditions associated with this transaction. jcrapid objects to any different or additional terms or conditions contained in any request for quotation, purchase order or other document of the BUYER, and no such different or additional terms shall be effective or binding upon jcrapid unless agreed to in writing and signed by an officer of jcrapid. If the BUYER issues a purchase order or other writing addressing the subject matter of this transaction, that writing shall be for the BUYER’s internal purposes only and the terms and conditions contained therein shall have no force or effect.
- Quotations and Prices
2.1 All quotations are based on current rates for labor, materials and overheads and with the understanding that the goods will be exported out of China. Quotations shall be valid for 30 days from the date upon which they were given, after which period they are subject to confirmation.
2.2 A quote is provided based on the 3D CAD model and detailed 2D drawings. Budgetary quotes may be generated based on dimensional prints, pictures, photos, 3D models or other parts representations, but quote will not be binding until final review of 3D CAD model. Any change to the 3D CAD model will require an updated quote. jcrapid reserves the right to inform BUYER of lead-time changes at placement of order. Quoted lead times reflect rapid tooling completion and T1 sample dates. Molding would require additional lead time. Lead time starts from Design for Manufacturing (DFM) confirmation. The BUYER is fully responsible for the correctness of the supplied data files. jcrapid is not responsible to check for consistency between the files. When 3D CAD and 2D drawings are supplied, the parts will be manufactured according to the 3D CAD files. The 2D drawings will be used for general information and tolerances only.
2.3 Quotations are based on the 3D CAD model and material specification provided or approved by the BUYER, including tooling and molding quotation. BUYER is responsible for ensuring that properties and performance of the resin selected meet the requirements of their application. Since dimensional tolerances are highly dependent on the material selected and on the part design, jcrapid will not guarantee that a specific tolerance will be met. Tool life is highly dependent on part design and material selection and any tool life estimations provided, either written or oral, are estimations only and may or may not be accurate. Unless negotiated otherwise, tooling life will not be guaranteed.
2.4 All quotations are based on our general tolerances unless drawings with tolerances are supplied. We use ISO DIN 2768 (f) for precision machined, metal parts, and ISO DIN 2768 (m) for machined plastic parts. Vacuum cast parts are produced to a general dimensional tolerance of +/- 0.3%, with +/- 0.3mm being a minimum on dimensions less than 100mm. Our tolerances are in line with industry standards.
2.5 The BUYER must issue a hard or soft copy purchase order to jcrapid prior to project kick-off. Project start will begin on the receipt of final part data file. Revised part data received after project kick-off may affect pricing and lead time. In the event of design changes after receipt of a purchase order, the BUYER agrees to pay any additional cost that jcrapid may incur. For example if we start or even complete a job, and must re-start due to design changes, the BUYER agrees to pay for the costs incurred.
2.6 Miscellaneous expenses (such as courier, shipping & handling, special packaging, etc.) are not included in quoted price and might be charged for additionally. The BUYER shall pay all duties and sales, excise, use or other taxes arising in connection with this transaction (other than taxes based solely on jcrapid’s taxable income). Extra meetings, travel, time spent in travel and vendor liaison other than described in this quotation are at extra cost and will be billed to the BUYER at standard hourly rate.
- Payment Terms
3.1 All new BUYER for molding shall pre-pay 100% up front, payment shall be made upon issuance of a purchase order by the BUYER, unless otherwise agreed upon.
3.2 For tooling project, terms for payment will be 50% deposit due at project start. Balance to be paid upon approval of tooling sample, sample confirmation will be assumed as the acceptance of the tools by the BUYER, the ownership of the tools will be transferred to the BUYER once jcrapid get paid fully. For the convenience of part production, the BUYER agrees to place the tools with jcrapid and this shall not affect the BUYER’S responsibility to pay for the tools.
3.3 The quantity of sample supplied for tooling confirmation is based on the actual situation and can varied from 5pcs to 10pcs or such other quantities as agreed by both parties.
3.4 If no feedback regarding to quality or other technical issues related to the tools manufactured received within 30 days after latest sample shipment, or the BUYER gives instruction for proceeding manufacturing of molding, it would assumed as sample has been approved and the tool is accepted by the BUYER, and the balance 50% is deemed as payment due.
3.5 50% deposit to be received within 5 days of kick-off date or project will be placed on hold without notice. BUYER is required to pay in full of all delinquent invoices prior to shipment of any sample or finished goods.
- Quality
If there is any quality problem, due to the characteristics of materials used for the sample/part and other reasons, the BUYER shall raise it within 30 days after shipment of sample, otherwise it would be deemed that the BUYER accept the sample or finished goods.
- Copyright
5.1 jcrapid assumes no responsibility for the design of the goods that are subject of this transaction. To the extent that jcrapid recommends design modifications or provides design analysis, simulation or advice, they do so to help meet the requirements of jcrapid’s own manufacturing process.
5.2 BUYER retains sole legal responsibility for the design specifications and performance of the goods that are the subject of this transaction. jcrapid make no representation or warranty, whether express or implied, of any kind whatsoever with respect to any goods or services, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement.
5.3 Without limiting the generality of the foregoing, jcrapid assumes no responsibility or liability for the selection of any materials of the goods that are the subject of the transaction. The BUYER is solely responsible for ensuring that materials selected for goods to be manufactured by jcrapid meet any regulatory requirements or specifications. Any statements made by jcrapid personnel or specifications provided by jcrapid regarding materials should be verified by the BUYER with the manufacturer of that material.
5.4 In no event shall jcrapid be liable for any incidental, consequential or punitive damages of any kind, whether for breach of any warranty, for breach or repudiation of any other term or condition, for negligence, on the basis of strict liability, or otherwise.
- Buyer’s Goods And Tooling
6.1 Unless documented otherwise, rapid tooling and goods used to produce BUYER’s parts will be stored for a period of 18 month following the last molding order from BUYER. Rapid tooling and goods may be stored for a long period if requested in writing by BUYER, however standard storage fees may apply. At the end of 18th month storage period and maximum storage life of 5 years, rapid tooling and goods will then be destroyed and disposed of without notice to protect jcrapid and BUYER confidentiality.
6.2 Unless documented otherwise, jcrapid shall not be responsible for any loss or damage to the BUYER’s goods and tooling, however caused (including fire, explosion, accident, negligence, error, defective workmanship and any acts or omissions etc.) whether or not caused in fulfillment of contract.
6.3 Whilst in jcrapid’s possession or that of the sub-contractor or in transit, all BUYER’s goods and tooling are all at the BUYER’s risk in all respects.
- Termination
The BUYER may terminate the work described in the quote at any time. However, BUYER agrees that it shall compensate jcrapid for all fees and expenses incurred in the performance of the obligations to the state of termination.
- Right and Obligation
8.1 These terms and conditions agreement represent the entire and integrated agreement between BUYER and jcrapid and supersedes all prior negotiations, representations, agreements, either written or oral. These terms and conditions may be amended only by written instrument signed by both BUYER and jcrapid.
8.2 The rights and obligations of jcrapid and the BUYER under this contract shall be governed by the laws of Hong Kong SAR (without regard to principles of conflict of law). The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this transaction. Any suit, action or other legal proceeding arising out of or relating to the transaction shall be brought in a court of record in HONG KONG SAR.
8.3 jcrapid or its employees or consultants shall have no obligations or liability to BUYER or any other person or entity for special, incidental, indirect, exemplary, punitive damage, including, but not limited to consequential damages, arising out of or in connection with the BUYER’s use or inability to use the product resulting from the work described in the quotation or from jcrapid’s failure to perform under this agreement.
8.4 jcrapid shall not be liable for, but not limited to, loss of property, loss of revenue, cost of capital or claims, service interruptions, or any failure to manufacture, deliver or provide, or for any delay in the manufacture, delivery or provision of, any goods to be provided hereunder if such failure or delay is caused by acts of God, fire, storm, strikes, blackouts, labor difficulties, riots, inability to obtain materials, equipment, labor or transportation, governmental restrictions, serious public health nuisance or any similar cause over which jcrapid has no control.
8.5 The remedies of the BUYER set forth herein are exclusive, and the liability of jcrapid with respect to the quotation, or anything done in connection therewith such as the performance or breach thereof, or from the performance, manufacturer or sale, delivery of any product or service covered by or furnished under this quotation, whether in contract, in tort, under any warrant, or otherwise, shall not exceed the payments received by jcrapid and from the BUYER for the product or service on which such liability is based.
8.6 This limitation shall apply whether or not the BUYER or such party has been advised of the possibility of any other damages. This limitation shall apply notwithstanding any failure of essential or any limited remedy provided herein. Unless negotiated & documented otherwise, late fees, penalty clause, and/or credits will not be levied or taken against jcrapid.
8.7 The BUYER shall defend, indemnify and hold harmless jcrapid (and its employees, consultants and agents) from against all claims, liabilities, losses, damages, penalties, fines and sanctions of any kind (including, without limitation, interest, attorneys’ fees and expenses, customs duties, fines, taxes, penalties or any other governmental sanctions of any kind),
- Resulting from or arising out of any breach of any representation, warranty or covenant of the BUYER or its affiliates hereunder;
- If the BUYER has supplied jcrapidwith drawings, designs or other specifications for the goods or services, arising out of any assertion that any goods manufactured by jcrapid (or the act of manufacturing such goods) according to those drawings, designs or other specifications infringe or misappropriate any patent, copyright, trade secret or other proprietary right. BUYER assumes responsibility to pursue, assignment, application, other product protection. It is also the responsibility of BUYER to investigate and ensure that the subject product does not infringe on other patents or proprietary rights. BUYER assumes responsibility to investigate legislation and standards which related to the manufacture or use of the subject product;
- Otherwise arising out of or related to this transaction; or it’s specifically understood that the BUYER shall indemnify and defendjcrapidand hold jcrapid harmless from claims that jcrapid was itself negligent or otherwise at fault.
If any action, suit or proceeding is commenced, or any claim, demand or assessment asserted against jcrapid (or its employees, representatives or agents) which might result in liability with respect to which a party seeks indemnification, then the party shall notify the BUYER promptly and the compromise or settlement. Upon the BUYER’s request and at BUYER’s expense, jcrapid shall cooperate fully in such defense and make available to the BUYER all relevant information under its control.
The provisions of this paragraph and BUYER’s obligations hereunder will survive any termination of this agreement.
Offer and Acceptance. Our purchase order constitutes our offer to purchase the goods or services described therein at the price indicated, subject to the terms and conditions set forth below. Your acknowledgement of our purchase order, or your performance in response thereto, shall constitute your acceptance of our offer, and shall create a binding contract subject to these Terms and Conditions. Your acceptance of our offer to purchase is limited to the terms of our purchase order, including these Terms and Conditions. We object to the inclusion of any terms or conditions proposed by you that are different from or additional to the terms and conditions of our purchase order, which includes these Terms and Conditions. Our acceptance of goods or services shall not constitute an assent to any such terms and conditions that you propose, including but not limited to click through agreements.
Invoice and Payment. Your invoice shall indicate the purchase order number shown on our purchase order, shall match the amount and description shown on our purchase order, shall be mailed to us to the attention of Accounts Payable immediately after shipment, and shall not be dated earlier than the shipping date shown on our purchase order unless so stated.
Delivery. Delivery of any goods shipped from within the US shall be made FCA Buyers Facility (Incoterms 2020) at the point and on the date specified on our purchase order, or on such other date as we may hereafter specify in writing. If goods are to be shipped from outside the United States and the applicable purchase order specifies a delivery term, such term shall be construed in accordance with Incoterms. Unless otherwise specified, all goods shall be physically delivered to our plant in accordance with our instructions. Notwithstanding any agreement to pay freight, express or other transportation charges, the risk of loss or damage in transit shall be yours. Time is of the essence for our purchase order. You will give us prompt notice of any pending strike or other circumstance reasonably likely to delay shipment of the goods.
Packing and Shipping. All goods are to be suitably packed or otherwise prepared for shipment so as to guaranty safe arrival. No charges will be allowed for packing, crating, cartage or delivery unless otherwise stated on our purchase order. Each container must be marked to show order number and delivery address, and itemized packing sheets must accompany each shipment or delivery. Over shipments and early shipments may, at our option, be returned to you at your risk and expense, or may be retained by us.
Inspection. All shipments will be subject to counting, inspection and testing by us, both at your plant and at our plant. Payment will be subject to final inspection at our plant. You will bear all transportation charges, other costs and risk of loss in returning any rejected or otherwise nonconforming goods. Notwithstanding the foregoing, we may elect to retain all or some nonconforming goods and to deduct the cost of remedying such defects from the purchase price. In no event will our payment of all or any part of the purchase price constitute acceptance of, or a waiver of our right to reject, nonconforming goods.
Our Materials. Unless otherwise expressly stated on our purchase order, title to all models, molds, dies, tooling, jigs, and special fixtures provided by or paid for by us are our property, and you shall deliver all such materials to us on demand. All such materials must be maintained in good condition, adequately insured for our protection, and used only for work ordered or authorized by us in writing.
Ownership of Work Product. The items or services on our purchase order may require design work, product development, specification development or other work product. Unless expressly stated to the contrary on our purchase order, all such work product and all know-how relating to such work product are our exclusive property and shall be delivered to us on demand. In no event shall any such work product or any portion thereof be deemed your property, nor shall you exert or attempt to exert any ownership or proprietary interest therein. You shall execute such further assignments and other documents (including but not limited to assignments of copyrights and patents) as we may reasonably request to evidence or perfect our ownership of such work product.
Confidential Information. As used herein, “Confidential Information” means any information that you acquire from us regarding our present or future products, processes, business practices, customers, assets or other matters, whether or not such information is designated or marked as confidential, excluding any information that is publicly available when provided or thereafter becomes publicly available other than by reason of your breach of this paragraph. You will (i) hold all Confidential Information in the strictest confidence, (ii) not use any Confidential Information other than for the performance of our purchase order, (iii) not release or disclose Confidential Information to any other party at any time, except your employees and contractors requiring such material or information for the performance of our purchase order, (iv) use your best efforts to prevent your employees, your contractors, and your contractors’ employees from using or disclosing Confidential Information to any party except as permitted by this paragraph, and (v) return all Confidential Information to us upon our request following completion or termination of our purchase order. You will be responsible for any breach of the restrictions contained in these Terms and Conditions by your employees. The provisions of this paragraph shall survive performance or termination of our purchase order.
Certificates of Origin. Providing a certificate of origin for all goods is a material part of your obligations. We may withhold payment or terminate our purchase order if you fail to provide a certificate of origin at least annually and coincident with any change of the point of origin of any goods.
Warranty. All specifications, drawings, and data submitted to you with our purchase order are incorporated therein. You expressly warrant that all goods will (i) be free from defects in material and workmanship, (ii) conform to applicable specifications, drawings, samples, descriptions or other instructions that we have given to you, and (iii) if we have not provided design specifications with respect thereto, be free from defects in design. This warranty shall be in addition to any other warranties that you give us.
Non-Infringement. You warrant that the goods that you furnish to us do not and will not infringe any valid United States or foreign patent, trademark, copyright or other proprietary right, except to the extent that such infringement necessarily arises from specifications that we provide to you.
Compliance with Law. You represent and warrant that all goods comply with all applicable laws, statutes, rules, regulations, or orders of the United States government or any state or political subdivision thereof. Without limiting the generality for the foregoing, you represent and warrant that no goods that fall within the scope of Section 303(c) of the Federal Food Drug and Cosmetic Act will be adulterated or misbranded within the meaning thereof or will be an article or commodity which may not, under the provisions of Section 404 or 505 of said Act, be introduced into interstate commerce. You further represent and warrant that all goods that fall within the scope of the U.S. Food, Drug and Cosmetic Act, Title 21 of the Code of Federal Regulations, USP Class VI standards , or ISO 10993 standards, have been manufactured in accordance with Good Manufacturing Practices, and comply with current revisions of all such laws, regulations and standards. You will cooperate with any inspection by the FDA or other regulatory agency and will notify us within 24 hours of being notified of any inspection or inquiry from the FDA or other regulatory agency relating to goods that we purchase from you.
jcrapid is an equal opportunity employer, you shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin.
Each party shall perform its obligations hereunder in compliance with all applicable laws, regulations, and other legal requirements, including but not limited to, laws or regulations related to banned or restricted substances, such as TSCA section 6(h), RoHS, WEEE, REACH, CA Prop 65, etc. Supplier shall maintain records of such compliance in accordance with the law and shall provide any documentation as reasonably requested.
Code of Conduct. We expect you to agree to conduct business in strict legal compliance and with the highest ethical standards. By accepting this purchase order, you and your respective businesses agree to conduct business in a manner that is consistent with and adheres to the principles in our Code of Ethics and Business Conduct available at URL: , as updated from time to time.
Recalls. You will notify us immediately upon discovery that any goods are the subject of a recall, market withdrawal, or correction. The decision whether to recall or take other corrective action with respect to our products or services shall be ours alone. To the extent that any goods that you provide are recalled or withdrawn or contain material that is recalled or withdrawn, whether voluntarily or as required by law, you shall bear all costs and expenses of such recall, market withdrawal or correction, including but not limited to the costs associated with notifying customers, replacing and shipping such goods, and fulfilling obligations to third parties arising from such recall, withdrawal or correction. You will cooperate fully with us in effecting any recall, market withdrawal, or correction, and communicating with regulatory authorities, customers, users, and the media.
Hazardous Materials. If any goods constitute or include any material that is hazardous to human health or safety, you shall identify such hazards to us in writing in advance of the delivery of such goods.
Conflict Minerals. Supplier acknowledges there is a regulatory focus on use of tin, tungsten, tantalum and gold, also referred to as “3TG”, that is sourced from areas identified as conflict- affected countries or regions, including the Democratic Republic of the Congo or its adjoining countries. “Conflict Minerals” hereinafter refers to 3TG sourced from conflict-affected regions or any other material designated under applicable laws, rules and regulations, including, without limitation, Section 1502 of the United States, Dodd-Frank Wall Street Reform and Customer Protection Act of 2010, as may be amended from time to time. Supplier represents and warrants (1) that is has policies and procedures in place to determine whether materials are free from Conflict Minerals; and (2) that no Conflict Minerals are present in any material supplied to jcrapid. Supplier further represents and warrants that it has established its policies and a due diligence process in conformance with the framework set forth under the Organization for Economic Cooperation and Development (OECD). Supplier agrees, at any time upon jcrapid’ reasonable request, to (i) certify in writing Supplier’s compliance with this Section; (ii) report the use of 3TG in its products; (iii) provide jcrapid information regarding the source of any 3TG (i.e., smelter information); and (iv) cause its sub-suppliers of every tier to provide Supplier and jcrapid with information and cooperation to meet the requirements of the foregoing. Supplier agrees to notify jcrapid promptly upon discovering or having reason to believe that any materials fail to comply with the representations and warranties set forth in this Section.
AS9100 Supplier Terms. You must contact us in the event of nonconforming product/material. Arrangement for the approval of nonconforming product/material must be as directed by our Supply Chain Representative. You must notify us of any changes to a product and/or process and to obtain approval from our authorized Supply Chain Representative. jcrapid, its customers and regulatory authorities retain the right of access to all your facilities involved in this order and to all applicable records. The AS9100 standard requires that you flow-down all applicable customer/regulatory/AS9100 requirements to sub-tier suppliers (including requirements in the purchasing documents and key characteristics where required). Records related to this transaction will be made available to our customers and regulatory authorities in accordance with contractual or regulatory requirements. The standard also requires that we ensure our suppliers are aware of their contribution to product or service conformity, contribution to product safety, and the importance of ethical behavior. Any records associated with a Purchase Order must be retained for a period of no less than one (1) year from the date of completion, unless we specify otherwise. We expect 100% on time delivery. If the agreed upon delivery time cannot be met, the appropriate jcrapid Supply Chain Representative must be notified in advance. We require that products provided by you be correct and free of defect per the supplied Purchase Order. We may also require specific actions where timely and/or effective corrective actions to an issue are not achieved. These actions may include but are not limited to any or all of the following: withholding payment until the issue is resolved, discontinuation of business with you and/or legal action.
Cancellation. We may cancel our purchase order by notice to you if you breach any obligation thereunder. In addition, we may cancel our purchase order by notice to you without cause at any time prior to delivery of the goods or completion of the services. If we cancel our purchase order without cause, and if the purchase order covers goods that are specially manufactured for us or covers services, we will pay your uncompensated actual costs incurred prior to receipt of our cancellation notice and any costs directly arising from such cancellation. We will make such payment only after you have supplied us with such verification of those costs as we may reasonably request. In no event shall such payment exceed the price specified in our purchase order. Upon receipt of any cancellation notice, you shall take such steps as may be necessary to minimize the costs of cancellation, including but not limited to any steps that we specifically request. Except as set forth in this paragraph, we will have no liability to you on account of any cancellation of our purchase order, whether with or without cause.
Indemnity. You will indemnify us and hold us harmless from any loss, cost, damage or expense, including attorneys’ fees, arising from any breach of the representations and warranties set forth in this Agreement, including any claim of death or injury to persons or damage to property arising out of, or attributable to, the goods or services, including without limitation, defects in design, materials or manufacture, except to the extent that such loss, cost, damage or expense results solely from our negligence.
Subcontracting. You will not delegate or subcontract any of your obligations under our purchase order without our prior written consent.
Insurance. You will maintain such insurance as we reasonably request. Whether or not we request any particular insurance coverage, you will maintain insurance with insurers that you believe to be responsible and reputable in such amounts and against such risks as is usually carried by companies engaged in similar business and owning similar properties in the same general areas in which you operate. You will provide us with such certificates and other evidence of such insurance as we may reasonably request.
Taxes. Unless otherwise stated on our purchase order, you will pay all excise, occupational, sales, use, and other taxes applicable to the sale or purchase of the goods and services, and you will indemnify and hold us harmless from and against all liability for such taxes.
Government Contracts. If our purchase order relates to a federal government contract the parties hereby incorporate the requirements of 41 C.F.R. §§ 60-1.4(a)(7) and 60-250.5(a) and 60-741.5(d), if applicable.
Independent Contractor. Your relationship with us is solely that of an independent contractor. The individuals that you assign or engage to provide the goods and services will be your employees. You will be solely responsible for the payment of any compensation and expenses owed to those employees, as well as the payment of employment-related taxes and workers’ compensation insurance. In no event shall our purchase order or these Terms and Conditions be construed as creating a partnership, joint venture, agency, or fiduciary relationship.
Definitions. As used in these Terms and Conditions, “jcrapid”, “we,” “us,” and “our” refer to jcrapid, Inc., its subsidiaries, affiliates, officers, directors and employees; “Supplier”, “you” and “your” refer to the vendor named on our purchase order; “our purchase order” refers to the purchase order to which these Terms and Conditions are attached or, if not attached, to the purchase order making reference hereto; and “goods” and “services” refer to the goods and services, respectively, to be provided under our purchase order. Section captions in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions.
English Language. All documents, notices and legal proceedings executed, given or instituted pursuant to or relating directly hereto shall be in the English language, and the meaning of all words and phrases in our purchase order and these Terms and Conditions shall be defined, construed and interpreted in the English language.
Miscellaneous. These Terms and Conditions shall be governed by the substantive law of the State of Minnesota, without regard to principles of conflict of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to our purchase order. These Terms and Conditions and our purchase order constitute the parties’ entire understanding with respect to the subject matter hereof. No modification or waiver of any term of this contract shall be binding upon us unless in writing and signed by us. In no event shall our failure to enforce any provision of these Terms and Conditions or our purchase order be construed as a waiver. The remedies herein reserved shall be cumulative, and additional to any other or further remedies provided in law or equity. No waiver of a breach of any provision of this contract shall constitute a waiver of any other breach, or of such provisions.