Terms and Conditions

1. AGREEMENT & LIMITATIONS
   ‍All current and future orders based on this quotation will be accepted subject to the following stated terms and conditions, which may not be varied, altered, or modified without Newton LLC’s written consent. The resulting contract shall constitute the entire agreement between the parties, benefiting only the stated parties, and not for the benefit of any other party or person(s). Any provisions contained in the Buyer’s order which are inconsistent with the terms and conditions hereof or which in any way attempt to detract from the terms and conditions hereof shall not be binding upon Newton LLC. The rights and duties of the Buyer and Newton LLC shall be governed by the laws of the State of Maryland. Actions for damages resulting from breach of contract or otherwise must be commenced within 3 months after the cause of action has occurred. Newton LLC shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Natural Force Majeure Event.
2. QUOTATION and PRICING
   ‍Price and terms of this quote are good for 30 days from the quote date. Quotations past 30 days are subject to re-quoting. Newton LLC reserves the right to amend quoted price & timing based on receipt of final data, requirements & hardware. As our customer, you are responsible for all orders placed and for ensuring that all information provided in a quotation is accurate and complete. Customer is responsible to reimburse all time and materials expended in the event of customer PO cancellation. Payments to be submitted by electronic bank transfer, check or credit card. All pricing in currency as noted on the quotation. All pricing is in United States Dollars (USD) currency as noted on the quotation. The prices for the goods specified herein do not include federal, state, local taxes, and/or import/export fees. Buyer shall pay all Taxes and Fees associated with the purchase within 30 days.
3. PAYMENT
   ‍Buyer shall pay this Quotation in full, without any offset, deduction, or delay within net 30 days or as per the terms indicated on the Quotation. Delinquent payments shall accrue interest at the rate of Twelve (12%) percent of the total unpaid amount(s), annually and compounded daily. In the event of a dispute hereunder, threatened or actual, between Company and Buyer, Buyer shall pay to Company all costs incurred by Company in enforcing the terms and provisions hereof, including, but not limited to, travel expenses, court costs, litigation costs and reasonable legal fees.
4. TERMINATION or MODIFICATION
   ‍Once the Buyer’s order has been accepted, the resulting contract may only be terminated or modified with the written consent of Newton LLC. The Buyer shall pay all costs incurred as a result of the contract up to the date of termination or modification accepted by Newton LLC.
5. SHIPMENT
   ‍All prices are F.O.B. Newton’s location unless expressly stated in the quote. Buyer shall pay all costs and charges for or relating to delivery, shipment, freight, transportation, duties, handling, storage, insurance, and related items with regard thereto. All freight estimates are subject to prevailing cost at time of shipment. Unless otherwise instructed, all Newton LLC shipments are sent UPS, FedEx Ground, or hand delivered.
6. DELIVERY
   ‍Delivery varies considerably with the size of the order, size of the parts and the backing at the time of order. Quoted delivery estimates are based on the current backlog and are subject to change. Prototyping carries inherent risk of failure due to the accelerated production and process development time frames. The more process development time that can be afforded, the lower the risk factors. Issues resulting from development constraints may extend delivery and are an assumed risk by the customer. In the event a delay is caused by circumstances beyond Newton LLC’s control, dates for delivery will be extended for a period equal to the time lost by such delay. Newton LLC shall not be liable for any damages or charges incurred by the Buyer as a result of a delay caused by circumstances that are not entirely within Newton LLC’s control. In no event shall Newton LLC be liable for consequential damages.
7. ENGINEERING & DESIGN
   ‍Due to the experimental nature of work conducted, the Purchaser agrees not to rescind payment, or hold Newton LLC accountable for the failure of designs to perform. Newton LLC will make all good faith efforts to complete stated project objectives, and work with customers to correct flawed designs on future iterations. All changes in engineering or design shall be accepted by Newton LLC subject to the provisions of Section 3, here entitled “Termination or Modification.” When the Buyer has submitted conflicting drawings and solid models, the solid models take precedence. Newton LLC shall not be responsible for conforming to any design change that is not in the CAD model. Engineering and design changes suggested by Newton LLC are made in the best interests of both parties. In the event changes are approved, responsibility for their success or failure lies entirely with the buyer.