Terms and Conditions

This document describes Stryver Manufacturing, Inc.'s policy regarding information received about you during visits to our web site, as well as terms and conditions applied to work completed by Stryver for our customers. The information detailing terms and conditions applied to work completed by Stryver is listed following the terms and conditions of website usage. The amount and type of information received depends on how you use our site. We reserve the right to change, modify, add, or remove portions of this Privacy Policy at our discretion. If we decide to change our Privacy Policy, we will post those changes here. We encourage you to visit this area frequently to stay informed. By accessing this web site, you acknowledge that you have read the following terms and conditions, that you understand them and that you agree to be bound by them. If you do not agree with the terms in this Policy, please do not use this site.

You may browse this site for information. You acknowledge, however, that this site contains information, data, photographs, graphics and other materials that are protected by laws governing copyrights, trademarks, trade secrets, and other proprietary rights. Under no circumstances may you transfer (including, without limitation, by sale, loan, rent or lease), use, copy, reproduce, download, republish, upload, post, transmit, adapt, modify or distribute the site contents, in whole or in part, without the express prior written consent of Stryver Manufacturing, Inc.. The use of any of the site contents on any other web site or networked computer environment is prohibited. This site is intended and directed only to residents of the United States and all advertising and claims in this site are valid only in the United States.

Normal Web Site Usage

You can browse the contents of Stryver Manufacturing, Inc.'s web site without telling us who you are and without revealing any personal information. The only information we collect and store during normal web site usage is the name of your Internet service provider, the web site that referred you to us, the pages you request, and the date and time of those requests. We use this information to generate statistics and measure site activity to improve the usefulness of customer visits. During normal web site usage, we do not collect or store personally identifiable information such as name, mailing address, e-mail address, phone number, company name, etc.

Electronic Mail Sent to Us Containing Personal Information

Visitors to the Stryver Manufacturing, Inc. web site may decide to send us personally identifying information, for example, in a message containing comments about the Stryver Manufacturing, Inc. web site. Stryver Manufacturing, Inc. will only use this information to identify the user. We will not use it in any way other than to resolve the matter identified in the e-mail.

Links to Other Sites

Users should be aware that when you are on this web site you could be directed to other sites that are beyond our control. There may be links to other sites that take you outside our service. These other sites may send their own cookies to users, or otherwise collect data or solicit personal information. Always be aware of where you end up. We cannot guarantee the security of any information you disclose online, and you do so at your own risk.

Use of This Site

You expressly agree that the use of this site is at your own risk. Neither Stryver Manufacturing, Inc. nor its officers, directors, employees, agents, affiliates nor any person involved in creating, producing or distributing the site warrant that the site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the site or to the accuracy or currency of the information. The site contents are provided "as is" and without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law.

Under no circumstances shall Stryver Manufacturing, Inc., its officers, directors, employees, agents, affiliates nor any person involved in creating, producing or distributing the site, be liable for any special or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, that result from the use of, or the inability to use, any part of the site contents.'

Invoicing & Payment Schedule

Stryver appreciates any orders received to complete work for our customers. To ensure the best possible service can be given to our customers, timely payment is required to allow our company to fulfill our promises to our customers, employees and vendors. Stryver requires Net 30 payments for all invoices received. Stryver will invoice when work is completed per the terms listed on our quote provided. If an invoice is overdue in excess of 30 days from invoice receipt, the unpaid portion of the invoice will be subject to a 1.8% charge per 30 day period following the invoice receipt. This is applicable to all outstanding invoices starting 6/1/2022. This finance charge will be applied to the invoice until payment is received. All finance charges will be rounded down to the nearest whole dollar. Stryver also reserves the right to take further action for negligent invoices, which can include but is not limited to stopping work related to the job or other jobs, holding shipment of work until payment is received, repossession of the work completed for the customer, filing a claim with a court within the proper jurisdiction for the nature of the non-paid invoice, or any combination of these actions to receive payment for goods and services rendered. Costs for any further action required will be the buyer's responsibility to pay. Any controversy or claim between seller and buyer not settled by the means above will be finally settled by binding arbitration per the rules of the American Arbitration Association. To ensure seller can receive payment from buyer, seller reserves the right to complete a credit check of buyer ahead of accepting work.

Delayed Work and Force Majeure

Stryver strives to make on-time deliveries for our customers to best serve their needs. We take great pride in our work and do whatever we can to make the best quality, delivery, and service we can for the job cost. However, we cannot take responsibility for events beyond our control that lead to delivery delays. If, because of force majeure, seller is unable to perform any of its obligations to the buyer, seller is entitled to cancel the order with immediate defect and without any damages whatsoever. Buyer agrees to defend, indemnify and hold seller harmless against any claims made by third parties based on whole or in part on seller's ability to perform because of force majeure. The seller is not responsible and will not take responsibility for delays in fulfilling orders, nor is the seller liable for damages or loss claimed by buyer to result from delivery delays. This includes cases where delays are caused by conditions beyond the seller's control, such as delivery of purchased components required to build a job or other causes. Seller will actively work with vendors, employees and other stakeholders to ensure the best possible delivery for a project is achieved. Buyer is responsible for delays due to design change or revisions, and seller reserves the right to require payment ahead of design approval if approval process exceeds (10) business days from design review.

Cancellation

If the buyer requests cancellation of a purchase order issued to the seller, the buyer will be required to pay for the costs incurred by the seller to complete the job up to the given point of work. These costs will be prepared by the seller and given to the buyer. If purchased materials can be returned, they will be returned. A 5% additional cost will be added to the cost returning each purchased item to cover the cost of shipping and labor to complete the return. A 10% job cancellation fee will also be assessed to cover shop capacity allocated to the job in addition to the costs incurred by the seller to complete the job up to the point of cancellation. The seller is entitled to terminate the contract with immediate effect if the buyer has failed to fulfill one or more of its obligations under the terms of sale, any resolution for the dissolution or bankruptcy of the buyer has been filed including seeking protection of bankruptcy court or a petition for the involuntary bankruptcy of the buyer has been filed, or the buyer's enterprise has been transferred to a third party. Cancellation fees may be recovered if a project is restarted and is up to the seller's discretion.

Product Specifications

Stryver strives to build the best quality products possible given the scope of work required and customer budget. If a formal quote is requested by buyer, a quote will be provided by the seller detailing the scope of work to be completed for the given cost and delivery. Only guarantees explicitly written into the quote will be guaranteed to be fulfilled without an Engineering Change Order (ECO) required. Other items or changes may be allowed without an ECO depending on the nature of the change, and will be up to the seller's discretion. All lead times listed on quotes are estimations and not guarantees. Any cycle time estimates provided are not guarantees. Seller will not guarantee any cycle times for any work completed unless a cycle time guarantee is explicitly written into the quotation provided. Cycle time guarantees apply to the machinery built only. Cycle time estimates will not take into account operator motion through a process. Stryver will build to the buyer's machine build specifications if a machine build specification is provided. If a build specification is not provided, a list of major components to be used will be listed on the quote. Seller cannot guarantee tolerances of welded assemblies that are less than twice the tolerance of the components given to form the assembly. Seller will not complete Cpk studies or other statistical analysis for buyer unless specifically contracted to do so. A list of components to be used may be listed on the quote even if a build specification is provided to ensure the buyer is aware of the products to be used in the work completed.

Warranty

Unless otherwise specified in the quotation provided, seller warrants components made & assembled, as well as programming completed, for (12) months following build completion. Seller does not warrant purchased components provided on machinery built but will transfer those warranties on to the buyer to fulfill if needed. This warranty covers product defects in material or workmanship of the constructed product. Buyer is responsible for approving design before machinery build and is responsible for the machinery design. If the buyer purchased a standard product from seller, the seller is design responsible unless the seller requests design changes, at which point the buyer becomes design responsible. The party responsible for coordinating product shipment is responsible for any damages that occur during shipment. Seller is not responsible for any consequential, direct or indirect costs or losses under any circumstances. Seller will not replace where the defect is the result of use or handling in a manner that deviates from the intended use, or under circumstances or purposes other than those that have been approved or instructed by the seller. Wear parts on work completed are not warranted and will be noted on the provided bill of material (BOM) as a "spare part". The maximum liability of seller under any circumstance shall be 10% of the price actually paid by the buyer to the seller for the good, service or program that is proven to be defective. Seller is not liable for any charges or any warranty items if the buyer is currently overdue on invoice payments to the seller. All claims of damages of any kind with full disclosure of particulars of damage must be given to seller in writing within (30) days of installation completion and/or delivery.