Sales Terms and Conditions

Axiom Manufacturing Services, LLC

4501 Danhil Dr., Brownwood, TX, 76801

Contact: Siratliff@axiom-mfg.com / 325-642-6221

Effective Date: May 15, 2025 

These Sales Terms and Conditions (“Terms”) govern all transactions for the purchase of goods and/or services (“Products”) provided by Axiom Manufacturing Services, LLC (“Seller”) to the purchaser (“Buyer”). By issuing a Purchase Order or accepting a proposal, Buyer agrees to be bound by these Terms.

1. Proposals and Purchase Orders

1.1. Validity of Proposals: Proposals issued by Seller remain valid for three (3) days due to recent volatility of the steel market. Pricing is subject to change if quote is not accepted within the validity period stated on proposal.

1.2. Purchase Order Acceptance: A Purchase Order (“PO”) submitted by Buyer constitutes acceptance of the Seller’s proposal and these Terms.

1.3. Modifications: Any amendments to the PO or proposal require mutual written consent of both parties and may necessitate a Change Order. Payment for the original PO must be received prior to commencement of work on any Change Order, subject to Seller’s scheduling availability.

2. Payment Terms

2.1. Initial Payment: Unless otherwise agreed in writing, a down payment of fifty percent (50%) of the total cost is due upon Seller’s acceptance of the Buyer’s PO, prior to ordering materials.

2.2. Change Order Payments: An additional down payment shall be required for materials associated with any Change Order.

2.3. Final Payment: The remaining balance is due within thirty (30) days from the date of Product completion or shipment, as applicable.

2.4. Standard Payment Terms: Unless specified otherwise in the proposal, all payments are due within thirty (30) days from the invoice date (“Net 30”).

2.5. Late Payment Fees: Overdue payments shall incur a late fee of one and one-half percent (1.5%) per month on the outstanding balance, or the maximum rate permitted by law, whichever is lower.

2.6. Payment Methods: All payments shall be made in United States Dollars (USD) via bank transfer, check, or credit card.

3. Delivery and Shipping

3.1. Shipping Terms: Specific shipping terms shall be outlined in the proposal or PO.

3.2. Delivery Schedules: Delivery dates provided are estimates and subject to change. Seller shall not be liable for delays caused by circumstances beyond its reasonable control.

3.3. Transfer of Risk: Risk of loss or damage to Products transfers to Buyer upon delivery or shipment, in accordance with the agreed-upon shipping terms.

4. Product Acceptance

4.1. Inspection Period: Buyer shall inspect Products within seven (7) days of receipt and notify Seller in writing or via email of any defects or discrepancies.

4.2. Deemed Acceptance: Failure to provide such notification within the seven-day period constitutes acceptance of the Products.

5. Limitation of Liability

5.1. Liability Cap: Seller’s liability for any claims arising from the sale of Products shall not exceed the purchase price of the Products in question.

5.2. Exclusion of Damages: Seller shall not be liable for any indirect, incidental, or consequential damages, including but not limited to lost profits or business interruption.

6. Cancellation and Returns

6.1. Order Cancellation: Orders may not be canceled or modified after PO acceptance without Seller’s written consent, as outlined in Section 1.3.

6.2. Non-Returnable Products: Custom or made-to-order Products are non-returnable and non-refunded.

7. Force Majeure

Seller shall not be liable for delays or failure to perform due to unforeseen events beyond its reasonable control, including but not limited to natural disasters, labor disputes, or supply chain disruptions.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Texas. Any disputes arising hereunder shall be resolved exclusively in the courts of the State of Texas.

9. Entire Agreement

These Terms, together with the accepted proposal and PO, constitute the entire agreement between Seller and Buyer, superseding all prior agreements or understandings. Any amendments to these Terms must be made in writing and signed by both parties.

Acceptance

By issuing a Purchase Order or accepting a proposal, Buyer acknowledges and agrees to be bound by these Sales Terms and Conditions.