PURCHASE CONFIRMATION

Invoice as Binding Agreement: 

The invoice, once signed by the customer, is deemed as the conclusive document outlining the terms of the agreement. Should a customer provide a Purchase Order (PO) that cites the invoice number, this too solidifies the agreement, and the production of the press will begin.

Acknowledgment of Terms:

Your endorsement of the purchase invoice serves as a testament to your understanding and acceptance of the provided Terms and Conditions, including any related appendices. Your assent implies you’ve comprehensively reviewed, understood, and consented to be legally bound by these terms. Failing to thoroughly read the Terms and Conditions or related appendices does not diminish the legal enforceability of the agreement. By affixing your signature, you acknowledge that you’ve had ample opportunity to deliberate upon these terms, and if deemed necessary, seek legal counsel.

Post-Production Changes: Once the production process is underway, any efforts or requests to cancel the purchase might face rejection or incur a restocking fee. This fee is instituted to cover expenses linked to production interruption, resource reassignment, storing and managing the semi-finished machine, and any potential missed business ventures. The restocking fee can be as substantial as the initial deposit amount made during the PO signing.

Customer Accommodation and Alterations: While ACP strives to cater to customer requirements, there exists no obligation to reimburse a deposit once the machine’s production is in progress. Specificities regarding the non-refundable deposit are detailed in Appendix A of the terms of service. ACP is receptive to integrating unanticipated requirements or those stemming from newfound application specifications that weren’t recognized during the initial agreement. Yet, introducing such alterations might attract supplementary charges due to the augmented intricacy in the production process. ACP retains the discretion to refuse modifications deemed overly divergent from the initial contract. Grounds for refusal may encompass:

• A tardy alteration request within the production timeline.

• Modifications that disproportionately disturb the project’s original scope.

• Unprofessional behavior or communication breaches by the client.

• Any other factors that compromise the production process’s soundness, as ascertained by ACP.

Press Compliance:

ACP is committed to aligning machine designs with the OSHA 1910 regulations pertinent to hydraulic and mechanical power presses, as explicitly defined and within reasonable interpretation bounds. In addition, ANSI B.11 standards serve as a guiding framework for our design choices.

For adherence requirements extending beyond OSHA/ANSI benchmarks, the customer’s designated compliance professionals must provide explicit guidelines. This might encompass standards like ISO, UL, and others.

Adhering to specific construction process standards may dictate a tailor-made machine production, potentially elongating delivery timelines. If ACP’s existing inventory satisfies such standards, it will be recommended as a viable choice. However, ACP may decline adjustments to pre-existing machinery if they necessitate an unwarranted redirection of labor and resources. In such cases, a bespoke machine construction might be proposed.

Tonnage: The specified tonnage on the invoice is the uppermost limit. Operating a die-cutting press incessantly at its peak tonnage is inadvisable. ACP provides tonnage estimates, yet the final decision rests with the customer to ascertain the machine’s aptness for their operations.

Design and Engineering Fees: Machine orders mandating tailored design and engineering will be charged at a rate of $120/hr. This fee applies irrespective of the final purchase decision, but ACP might contemplate waiving or reducing this charge upon machine procurement.

Sale Price: Quoted prices remain fixed for a 30-day period. However, the listed price for machines is subject to change, reflecting component cost variations, labor cost adjustments, or other influencing dynamics. Expired quotes, web-based price indications, or verbal estimates do not bind ACP.

Contact Details: The details furnished in the customer invoice are the principal communication touchpoints for the business entity. Immediate notification is mandatory for any contact information changes. The client company assumes liability for any additional charges stemming from failing to relay updated contact details.

Availability: Machines are available on a first-come, first-served basis unless explicitly specified. ACP disclaims responsibility for any financial repercussions due to project delays if a ready-to-ship unit gets sold before a company finalizes its internal approvals. To mitigate potential delays, customers can provide a valid PO or signed invoice, ensuring a 10-day reservation for the machine, contingent on payment. In scenarios of multiple POs competing for a singular unit, preference is granted to the earlier PO, with subsequent orders being addressed based on availability and associated timelines.

PAYMENTS

1. Payment Methods:

2. Wire transfers and checks are the primary accepted methods of payment.

3. Checks necessitate a 3-business-day clearance prior to order finalization.

4. In specific circumstances, American Clicker Press Co. may permit card payments through PayPal or QuickBooks, incurring a 3% processing fee.

1. Delinquency and Late Fees:

2. Outstanding payments for machinery will incur a late fee 30 days post the agreed final settlement date.

3. Delinquent balances will attract a 3% monthly interest, which American Clicker Press Co. reserves the right to enforce or waive at its discretion.

1. Payment Schedules

2. In-stock Presses:

3. Orders totaling under $50,000 mandate full payment prior to shipment.

4. Orders exceeding $50,000, net terms can be discussed at purchase time.

5. Presses with a lead time up to 14 days, inclusive of currently listed used presses, are classified as “in-stock”.

1. Presses with Extended Lead Time:

2. Presses demanding a lead time beyond 14 days necessitate a 60% deposit. Refer to Appendix A for comprehensive details.

3. The residual 40% is payable:

4. Before domestic shipment if organized by the customer.

5. Within 15 days post-receipt and inspection if leveraging ACP’s shipping service.

1. Custom Presses:

2. Custom constructions require a 75% upfront payment.

3. The remaining 25% is due:

4. Prior to domestic shipment if managed by the customer.

5. Within 15 days post-receipt and inspection if utilizing ACP’s shipping service.

1. Consumables and Parts: Consumables and replacement parts demand upfront payment, exempt from net terms. This policy is strict and non-negotiable.

1. Financing and Agency Interaction:

• ACP facilitates financing via affiliated third-party institutions.

• ACP holds no responsibility for agreements formulated between the financier and the customer.

• ACP will correspond directly with agents and financiers. Customers must equip these representatives with all pertinent order details to ensure efficient communication and prevent redundancy in information transfer.

• For administrative coherence, the primary customer, excluding the agent or financier, will be registered as the official purchaser.

1. Refunds and Corrective Actions:

• Deposits become non-refundable once machine construction is initiated.

• Refunds are exclusively permissible if the delivered machine diverges from the contract terms. Consult “Press Compliance” for specifics on Corrective Action Plans and change orders.

• If ACP is deemed accountable and a corrective action is warranted, ACP is granted 30 days post-customer notice to address the issue. This may encompass machine modifications or commissioning a new machine within 90 days as per the original contract. Failure to adhere results in a complete refund to the customer.

1. Contract Termination: If a customer opts for contract termination beyond the guidelines in the “Refunds” section, or impedes ACP’s remedial efforts, deposits are rendered non-refundable.

MEDIA RIGHTS AND USAGE

By signing a purchasing agreement or issuing a purchase order, the purchasing party grants American Clicker Press Co. (ACP) a limited license to utilize the company’s logo and/or trademark for promotional purposes.

1. Scope of Use: ACP may use the purchasing company’s logo and/or trademark in connection with promotional materials that showcase the business relationship between ACP and the purchasing party. The promotional materials may encompass, but are not limited to, brochures, videos, social media posts, website content, press releases, and advertisements in newspapers or other periodicals.

1. No Implied Endorsement: The use of the purchasing company’s logo and/or trademark does not imply an endorsement or partnership beyond the supplier-customer relationship, nor does it suggest any affiliation or association beyond the purchasing agreement.

1. Quality Control: While the purchasing company will not have the right to review or approve each specific use, ACP commits to ensuring that the representation of the purchasing company’s logo and/or trademark is accurate and aligns with the quality and reputation of both parties. Any significant deviation or potential misrepresentation will be brought to the attention of the purchasing company prior to public dissemination.

1. Limitation: ACP will refrain from using the purchasing company’s logo and/or trademark in any derogatory, defamatory, or misleading manner.

1. Duration and Termination: This limited license is valid for the duration of the business relationship between ACP and the purchasing party. Should the purchasing company wish to revoke this license, they may do so by providing written notice to ACP, after which ACP will cease the use of the logo and/or trademark in new promotional materials, though previously disseminated materials may remain in circulation..

By agreeing to these terms, the purchasing party acknowledges and consents to the aforementioned usage of their logo and/or trademark by ACP.

LEAD TIMES

Communication of Lead Time Changes:

Any changes to the estimated lead time, project timeline, delivery date, or ETA will be promptly communicated to the customer via email. This is to ensure that all relevant parties are informed and have a written record of the changes. In the event changes are initially discussed over the phone, these will be immediately followed up with an email for formal documentation.

Specificity on the Lead Time:

Lead times, project timelines, estimated delivery dates, or ETAs are provided based on a variety of factors. These may include, but are not limited to, current manufacturing workload, availability of parts or materials, historical manufacturing times for similar products, and anticipated shipping or delivery durations.

Process for Delays:

In the event of a delay that impacts the estimated timelines, American Clicker Press will initiate the following steps:

1. The customer will be notified via email as soon as the potential for a delay is identified.

2. This communication will include details on the cause of the delay and the revised timeline, to the best of our knowledge.

3. If appropriate, American Clicker Press will propose potential solutions to mitigate the impact of the delay. These might include expediting other stages of the process where possible, or seeking alternative solutions to overcome the issue causing the delay.

4. Regular updates will be provided to the customer via email until the issue causing the delay is resolved and the project is back on track.

Please note, while we strive to meet all estimated timelines, American Clicker Press cannot be held responsible for complications in a customer’s or company’s manufacturing process due to delayed delivery. All complications that arise because of a delay in delivery, based on these approximate dates, will be the purchasing company’s responsibility, financially and otherwise.”

SHIPPING AND FREIGHT

Whether organized by American Clicker Press or the customer, it is expected that a purchased machine(s) be shipped in a timely manner from the American Clicker Press warehouse or holding facility. Machines that remain in ACP custody longer than 15 business days due to customer shipping provisions or final install location provisions may be subject to a holding fee of $4.99 per day, based on the size of the purchased machine(s). This holding fee is designed to cover storage costs, including storage space, incidental relocation time, and insurance. ACP reserves the right to waive or enforce this fee at its own discretion.

American Clicker Press “Guaranteed Shipping”

American Clicker Press guaranteed shipping is a premium shipping option that guarantees the machine will arrive upright, operational, and undamaged. Should the machine incur any damage during transportation, ACP will be liable for any repairs required to return it to proper working and warrantied condition up to and including replacement with a new machine. Damages should be reported on the day of delivery, with a detailed report including images and videos provided within 48 hours. This process will be well documented so that extra considerations can be given after the warranty has expired. If any malfunctions, appearing after warranty expiration, can be measurably linked to damage incurred during shipment, ACP will, at their discretion, continue to provide any necessary repairs and replacement parts on a continual basis.

Customer Organized Shipping

Customer-organized shipping requires payment in full before it is released to the customer-preferred freight carrier. Choosing a freight carrier who has previous experience with top-heavy equipment is essential to shipping hydraulic presses safely. For this reason, ACP will only release equipment under post-delivery net payment terms when working with a vetted carrier. ACP will provide any images and videos in their possession, relating to the safe loading of the press, however, any amount of additional help provided to the customer to file their claim will be at the sole discretion of ACP

Crating and Packaging

Any press that is shipped LTL will be prepared against damage and bolted onto a steel framed, or reinforced wooden skid designed to prevent tipping. Sensitive areas will be shielded with foam and the body of the machine will be wrapped in a plastic wrap to protect against dust, dirt, water, or incidental scuffs. Beam Press, Traveling Head, and Mini-Beam machines will be shipped using a flatbed or a hotshot trailer so that the machine can be secured using the frame and the reinforced tie-points. When a customer uses ACP guaranteed shipping, these options will be the sole discretion of ACP When the customer organizes their own shipping, ACP will participate in an advisory capacity, however, the final decision is the responsibility of the customer and/or freight organizer. Additional charges may be incurred for the labor involved to prepare a press to ship against or beyond the best-practices advice of ACP

Damaged Freight and Return Authorization

If a customer organizes their own shipment, they will be responsible for all shipping damage on all machinery whose custody has been released to a freight carrier. This means the customer can accept the damaged goods and have service provided at their expense, at their facility, or they can reject the goods. Once the goods are rejected, they will either be seized by the freight company or an attempt will be made to return the goods to ACP’s facility. ACP cannot accept these goods without a signed RMA agreement excusing ACP from any liability. At this point, ACP will be willing to store the machine at the company’s facility pending inspections by all necessary parties to settle the claim against the shipping company. Charges may be incurred (not to exceed $150 per month) if the claim is not being handled in a timely manner. ACP is not obligated to participate in settling the claim, but will provide all pictures of loading and applicable information to the customer for their use.

Delivery to Customer Facility

The customer is responsible for providing any necessary forklifts and/or equipment to unload their press and move it to its final destination within the facility listed in the Customer Invoice and/or valid Purchase Order. Forklifts should be rated to handle the specific machine that’s been purchased, typically organized through a rigging company.

International Shipping

ACP will only ship to continental U.S., Mexico, and Canada-based locations with the option of guaranteed shipping. All international customers may request guaranteed shipping to the port of their choice but will be liable for organizing and paying for the shipping and storage of the unit as well as all other costs associated with the shipment from that point on. Any damage incurred in international transit will be the sole responsibility of the customer unless covered within the bounds of a guaranteed shipping agreement.

WARRANTY TERMS & CONDITIONS

PRESS SETUP AND INSTALLATION

Unless otherwise specified by the customer invoice, the customer is solely responsible for setting up and installing the machine at their facility. To qualify for the Warranty specified in the following section, a qualified electrician or facility technician* must complete the warranty initiation form on behalf of the customer. This form serves as an assurance for American Clicker Press Co. that the machine has been properly installed, thereby providing clarity on warranty support circumstances. It’s the customer’s responsibility to ensure:

1. Their facility meets the power requirements specified in the customer invoice.

2. Safety protocols for the operation and care of the press are in place. ACP can provide training on request.

3. Safety protocols provided by ACP are foundational guidelines. Customers are responsible for integrating these with their own facility-specific safety measures.

4. They are fully aware of the appropriate use, safety, handling, and maintenance as detailed in the service manual.

5. They comply with all local regulations related to the use of industrial die-cutting equipment.

*A ‘qualified electrician or facility technician’ refers to an individual with a valid certification from a recognized electrical or technical institution, or with a minimum of 5 years of documented experience in machinery setup and installation.

WARRANTY COVERAGE AND CLAIMS

These warranty terms and conditions shall be governed by and construed in accordance with the laws of the state of Utah. In no event shall ACP’s aggregate liability arising out of or related to this warranty exceed the total amount paid by the customer for the product.

Within the Continental U.S.

American Clicker Press Co.’s “Standard Domestic Warranty” for new and custom-built new machinery includes:

1. 1 Year coverage on machine parts, components, and electronics.

2. 1 Year coverage on labor and travel – not to exceed $750 for orders under $20,000, $1500 for orders between $20,000 and $50,000, and $3000 for orders over $50,000.

3. The labor and travel coverage amounts are cumulative and represent the total coverage for the entire warranty period.

4. 3 Year manufacturer’s coverage on major structural failures (e.g., broken welds, fractured or fissured steel, platen or steel bowing due to poor structural support, etc.)

Outside of the Continental U.S.

The “International Warranty” for new and custom-built new machinery includes:

1. 1 Year coverage on machine components and electronics.

2. 3 Year manufacturer’s coverage on major structural failures.

Note: For international warranty claims, all services will be fulfilled through local trade professionals. ACP will not cover the cost of international travel for an ACP technician unless explicitly outlined in the signed customer contract. Local trade professionals must be approved by ACP based on their certifications and experience in machinery repair and maintenance.

Used Machines (Continental U.S. only)

The “Used Machine Limited Warranty” includes:

90-day coverage on all components regularly interacted with by the operator. This warranty does not cover internal components such as pumps and motors.

SERVICE TERMS/WARRANTY CLAIM PROCESS

All warranty claims and service requests shall be submitted through the official website of American Clicker Press (ACP), through the designated electronic mail address, or via direct communication with our customer service department. Upon receipt of a valid service request, ACP shall invoke its standard service protocol.

1. Diagnostic Procedure: The initial stage of the service protocol necessitates the collection of relevant information. The customer is required to assist in the conduct of preliminary diagnostic procedures, either remotely or via a mobile diagnostic tool, to ascertain the nature and extent of the issue. If the customer does not cooperate within a 2-day period their case will be closed and any future cases will be handled in the order by which they were received.

1. Deployment of Technical Personnel: Should the issue remain unresolved following the preliminary diagnostic procedure, ACP shall deploy its technical personnel or a certified local trade professional for further diagnostic procedures and subsequent service operations. Local trade professionals must be approved by ACP based on their certifications and experience in machinery repair and maintenance.

1. Prioritization of Service Requests: American Clicker Press Co. (ACP) is committed to addressing service requests promptly and efficiently. By understanding and acknowledging these terms, customers help us in ensuring a streamlined and efficient service process, allowing ACP to continue providing top-notch support. The following outlines our approach:

1. Standard Service Requests: Service requests are primarily attended to on a first-come-first-serve basis. We believe in providing service to all our customers without any preferential treatment.

1. Escalated Service Requests: We understand the critical nature of some situations, especially when machinery is essential to a customer’s operations.Our team is trained to gauge the urgency of a situation based on the details provided by the customer and their responsiveness. Situations that are conveyed with urgency and are accompanied by timely and detailed information from the customer will be given priority. If a situation is conveyed as an emergency but the customer is not responsive or cooperative with requests from our team their request will be reassigned to the queue as if it was a new request. It’s crucial for customers to provide as much information as possible to help us assess the situation effectively.

1. High Volume Periods: During periods when we experience an elevated volume of service requests, there might be some delays. For clarity, “elevated service request volume” refers to periods where the incoming requests are more than 150% of our average weekly/monthly service requests. While our technicians strive to address each request promptly, there may be instances where immediate response isn’t feasible. In some circumstances the engineering team may be tasked with aiding in service work as needed.

1. Acknowledgment of Service Requests: All service requests, whether standard or emergency, will be acknowledged within 48 hours of submission. This acknowledgment assures customers that their request is in our queue and will be addressed as soon as possible.

1. Service Charge Protocol: Service operations are typically covered within the contractual agreement or warranty. However, should an unwarranted dispatch be necessitated due to the deliberate withholding of information by the customer, additional charges may be levied. This includes instances where the identified issue could have been addressed remotely, or if a service request is issued based on inappropriate product use or misinterpretation of its functionalities.

2. In instances where a warranty component has been dispatched but subsequently deemed unnecessary, the customer is required to return the said component. All shipping costs associated with the return of such components shall be borne by ACP. Failure to return unnecessary dispatched components within 30 days will result in charges equivalent to the component’s market price.

1. Post-Service Report: Upon the successful conclusion of the service operation, the attending technician will furnish a detailed report, outlining the actions taken and providing necessary recommendations to ensure the product’s optimal performance. 

Customers are strongly advised to read and understand these terms and conditions in their entirety prior to initiating a service request.

WARRANTY TRANSFERABILITY

The warranty is non-transferable in the event of resale as machines are not re-inspected by American Clicker Press Co. If a machine is resold and the new owner wishes to maintain the warranty, an inspection service is available for a fee. Upon successful inspection, the warranty can be transferred.

WARRANTY EXCLUSIONS

1. Incidental or Consequential Damages: This term refers to damages that are not directly caused by a malfunction or defect in the machinery but occur as a secondary result. For example, if a hydraulic press fails and causes a halt in production, the lost production time would be considered an incidental or consequential damage.

1. Cosmetic Damages: This refers to aesthetic imperfections on the machine from general use  that do not affect its operational functionality. For example, paint chipping, minor dents, or surface scratches that don’t interfere with the machine’s performance would be classified under this category.

1. Damage from Accident, Abuse, Misuse, etc.: This clause excludes coverage for any damage resulting from not following the manufacturer’s instructions, alterations, or introducing foreign objects into the machine.

1. Accessories and Supplies: Items that are peripheral to the core machinery like external power supplies or additional modules are not covered. They may be covered under a separate warranty.

1. Acts of God: Natural disasters such as earthquakes, floods, etc., that are outside human control are not covered.

1. Preventative Maintenance: Routine maintenance tasks like oil changes or filter replacements are not covered. These are considered consumables and may be purchased as replacements are needed.

1. Damage Not Reported Within 30 Days: Any damage that is not reported within a month after the plan expires is not covered.

1. Removed or Altered Serial Numbers: If the serial number has been tampered with, the warranty is void.

1. Loss or Damage Due to War, Invasion, etc.: Damages due to civil disturbances or acts of war are not covered.

UPGRADING YOUR PRESS

Within the first 12 months of purchase, customers may opt to upgrade to a larger or more capable machine. At its discretion, ACP may apply up to 75% of the original press’s purchase price towards the customer’s next purchase. The customer is responsible for all associated shipping charges. The machine must be in “like-new” or “slightly-used” condition.

A ‘like-new’ or ‘slightly-used’ machine should exhibit no visible damage, should be fully functional, and should have undergone no more than 200 operating hours. Any press with excessive customizations, damage, or uncommon power standards may not be eligible.

These warranty terms and conditions are subject to change. Always consult the latest version on our website or contact our service department for the most current information.

Dispute Resolution:

American Clicker Press Co. (ACP) values its relationship with customers and always strives to address and resolve any concerns or disputes amicably through open dialogue and mutual understanding. We encourage our customers to communicate any issues directly to our customer service department for prompt resolution.

1. Initial Resolution: Should any dispute, controversy, or claim arise in relation to this warranty, the aggrieved party is encouraged to notify the other party in writing. Both parties shall then endeavor to resolve the matter informally through discussion and negotiation for a period of thirty (30) days from the receipt of the written notice.

1. Mediation: If the dispute cannot be resolved through direct discussions, both parties agree to participate in good faith in a mediation process. The mediation shall be held in the state of Utah and conducted by a mutually agreed-upon mediator. The costs of mediation shall be shared equally between the parties.

1. Binding Arbitration: In the event that mediation does not resolve the dispute, both parties agree to resolve the matter through binding arbitration conducted in the state of Utah in accordance with the rules of the American Arbitration Association. The prevailing party in the arbitration shall be entitled to recover its reasonable attorney’s fees and costs.

1. Legal Representation: While we emphasize resolution through dialogue and mediation, nothing in this clause prevents either party from seeking legal representation or advice at any stage of the dispute.