- Currency & Taxes: All prices are quoted in Euros (EUR) and are exclusive of VAT and any other applicable taxes or duties . Any such taxes (e.g. VAT) will be added as required by law, and any import duties or fees in the Buyer’s country are the Buyer’s responsibility.
- Quotation Validity: Each quotation remains valid for 30 calendar days (1 month) from its date of issue, unless otherwise stated. After this period, prices and terms may be subject to change without notice . Any change in the provided designs or specifications will require an updated quotation. The Seller reserves the right to correct obvious clerical or typographical errors in quotations .
- Acceptance of Quotation: This quotation (including these Terms & Conditions) constitutes an offer by the Seller. The Buyer may accept the offer by issuing a purchase order or written confirmation of the order. Work will commence only after the quotation is accepted in writing (e.g. via purchase order or signed proposal) and any agreed deposit or prepayment is received . By accepting the quotation, the Buyer confirms that all specifications, drawings, and requirements provided are accurate and final . Any terms or conditions proposed in the Buyer’s order that conflict with or add to these Terms & Conditions shall have no effect unless expressly agreed in writing by an authorized officer of the Seller .
- Delivery Terms: The default delivery term is DAP (Delivered at Place, Incoterms 2020) to the Buyer’s specified address, unless otherwise agreed in the quotation. Under DAP, the Seller arranges delivery to the named destination; however, title and risk in the parts shall pass to the Buyer once the goods are handed over to the carrier for shipment, or as otherwise stipulated by the agreed Incoterm . If alternative Incoterms (such as EXW, FCA, etc.) are required, these must be agreed explicitly in the order.
- Standard Surface Treatments: Quoted prices include standard surface finishing processes unless stated otherwise. This includes common treatments such as anodizing (natural, hard, or color anodize), bluing, nickel or zinc electroplating, stainless steel electropolishing, and powder coating. If any of these standard finishes are required for the parts, they are considered in the price.
- For powder coating: The Buyer must specify the desired RAL color code and the required texture/finish (e.g. smooth, matte, textured) at the time of the RFQ (Request for Quotation) or order. Failure to provide a specific color/texture may result in delays in obtaining final approval and could affect lead time.
- Standard Lead Time: Unless otherwise noted, the standard manufacturing lead time is approximately 4 weeksper production cycle plus transit/shipping time. The exact delivery date will be confirmed upon order acceptance. Lead time is counted from the date the Seller receives the formal order and all necessary documentation, and (if required) any advance payment.
(B&K Precision Machining – High-Precision CNC Manufacturing)
Note: For purposes of these Terms & Conditions, B&K Precision Machining is referred to as the “Seller,” and the client or recipient of the quotation is referred to as the “Buyer.” By accepting a quotation or placing an order, the Buyer accepts all the following terms and conditions, which will govern the transaction .
General Provisions
Prices and Payment Terms
Quality Control
Surface Treatment Notes
Packaging & Shipping
Liability, Warranty & Force Majeure
Technical Notes
Intellectual Property & Confidentiality
Governing Law & Jurisdiction
- Pricing: All prices are firm fixed-price based on the scope defined in the quotation (specific part design, material, quantity, and other requirements). If the Buyer requests any changes to the scope (design modifications, quantity adjustments, expedited delivery, etc.), the Seller reserves the right to adjust the price and terms accordingly by issuing a revised quote or change order . Prices are stated in EUR and exclude shipping costs unless the quotation explicitly includes shipping.
- Payment Terms: Payment terms will be stated on the invoice issued by the Seller. Unless agreed otherwise in writing, full payment of each invoice is due within 14 calendar days from the invoice date . Payment shall be made via bank transfer (wire) to the account designated by the Seller (or other payment method acceptable to the Seller, such as an online payment link or credit card if offered). All payments must be made in the invoiced currency (EUR) and free of any bank charges or fees to the Seller.
- Advance Payment: The Seller may require an advance payment or deposit for new customers, custom orders of high value, or orders involving special materials. The amount and timing of such advance payment will be specified in the quotation or order confirmation. The Seller is not obligated to begin production until any required deposit is received in full . Delays in receiving a required deposit will correspondingly delay the delivery schedule.
- Late Payment: If the Buyer fails to pay any invoice by its due date, the Seller reserves the right to suspend further work or shipments until payment is received, and to charge the Buyer interest on the overdue amount. Late payments may incur interest at the rate of 1.5% per month (or the maximum rate permitted by applicable law) from the day following the due date until paid in full . In addition, the Buyer shall be responsible for any costs of collection (including reasonable attorneys’ fees) incurred by the Seller to recover overdue amounts. If the Buyer remains in default of payment after written notice, the Seller may terminate the order or contract with immediate effect and seek compensation for any loss resulting from the Buyer’s breach .
- No Set-off: The Buyer is not entitled to set off any amounts or to withhold payment on any counterclaims unless expressly agreed by the Seller.
- Quality Management System: The Seller’s production processes are governed by an internal quality management system in compliance with ISO 9001:2015 standards (international standard for quality management) . All parts are manufactured and inspected under this system to ensure they meet the specified requirements.
- Inspection Process: Every order undergoes a thorough quality control process, typically a 6-stage inspection workflow (from incoming material verification, first-article inspection, in-process checks, to final inspection and packaging checks). Critical dimensions and features are verified using calibrated precision instruments. Notably, the facility is equipped with a MITUTOYO Coordinate Measuring Machine (CMM) for high-accuracy dimensional inspection of complex geometries. This equipment allows verification of tight tolerances and geometric dimensions as required.
- Inspection Reports: The Seller maintains internal inspection records for quality assurance. If the Buyer requests a Measurement/Inspection Report (see Section 5 for any cost), the Seller will provide a formal report of the dimensions measured on the parts, typically including actual measurements vs. drawing tolerances for key features. These reports can be tailored to specific requirements if communicated (e.g., Statistical Process Control data, capability studies, etc., may be offered subject to feasibility and agreement).
- Non-Conformance Handling: In the event any parts are found to be non-conforming to the agreed specifications upon inspection, the Seller will either replace or rework those parts at no additional cost to the Buyer, as needed to fulfill the order requirements (see also Liability & Warranty section). The Seller’s goal is to deliver 100% acceptable parts. Any deviations discovered either at the Seller’s facility or reported by the Buyer will be investigated and addressed promptly.
- Continuous Improvement: The Seller commits to continuous process improvement and utilizes internal feedback loops to prevent quality issues. Should the Buyer have specific quality requirements (e.g., PPAP submission, Cpk data, etc.), these must be discussed and agreed in the quotation phase, as they may require additional efforts.
- Anodizing Appearance: When aluminum parts are anodized (including clear/natural anodize or color anodize), the resulting finish may reveal or accentuate the metal’s natural grain structure or any minor imperfections in the base material. This is because anodizing is a transparent oxide coating and does not mask surface variations . Such appearance of grain, spots, or slight color variation is a normal outcome and is not considered a defect provided the overall coating thickness and corrosion resistance meet specifications. The Buyer should inform the Seller if cosmetic appearance is critical so that extra care (or perhaps a different finishing method) can be considered.
- Anodizing Dimensional Impact: Anodizing can slightly affect part dimensions. Typical aluminum anodizing will add a thin oxide layer (commonly ~10-20 microns for Type II anodize), but part of this layer grows inward and part outward. Net effect can be a minor change (reduction) in internal diameters or increase in external dimensions. As a guideline, a thickness loss/gain of up to about 2–3% of the anodic layer thickness can occur per surface. For most purposes, this translates to negligible change on dimensions, but for high-precision fits, the Buyer should account for the anodize layer in the design or specify a post-anodize tolerance. The Seller will not consider a part non-conforming if the deviation is due to the anodizing process within normal process variation (for example, up to 2.5% dimension change on a given feature due to anodize coating or etching).
- Color Anodize Variations: When color anodizing is specified, note that slight color variations can occur from batch to batch or between different alloys. The Seller will try to maintain consistent color per the specified RAL or sample, but exact color matching cannot be guaranteed across separate anodizing batches or different aluminum alloys. This is inherent to the process and dye uptake.
- Other Treatments: For plating (e.g. zinc, nickel) or coating processes, similar principles apply – the base material and pre-treatment can affect the finish. Minor imperfections that do not affect corrosion resistance or performance, such as slight roughness or color variation in plating, shall not constitute a defect if they are within industry norms. If the Buyer requires a cosmetic perfection standard (e.g. for visible consumer-facing parts), this needs to be clearly defined. The Seller can provide samples or photos upon request to set mutual expectations for the surface finish quality.
- Masking and Threads: Unless specifically requested, threaded holes or studs on parts may be masked or plugged during certain surface treatments (to avoid coating on threads). The Buyer should state if threaded features must or must not be coated. By default, the Seller will use its discretion and standard practice (e.g., mask threads during anodizing or plating to preserve fit). Any special masking requirements should be communicated in advance.
- Packaging: The Seller will package parts in a manner to ensure they arrive in good condition. Individual packaging (each part packed separately in a pouch, sleeve, or wrapped) is provided by default for precision machined parts to prevent damage or scratches during transit. For bulk hardware or less sensitive components, multiple items may be packed together if appropriate. If the Buyer has specific packaging instructions (special labeling, specific materials, ESD protection, etc.), these must be stated in the order. Additional charges may apply for non-standard packaging requests.
- Shipping & Transport: The Seller will arrange shipping per the agreed delivery term (see Section 1, Delivery Terms). Shipping costs, if not included in the product price, will either be quoted separately or shipped freight collect on the Buyer’s account, as agreed. The Seller will notify the Buyer when the goods are dispatched and provide tracking information or shipping documents as applicable. Partial shipments may be made with Buyer’s consent or if indicated in the quotation (for example, if one batch of parts is completed earlier, it can be shipped separately).
- Transfer of Risk: Risk of loss or damage to the goods passes from the Seller to the Buyer once the goods have been handed over to the first carrier or shipping agent for delivery, regardless of whether the Seller arranges the freight or if shipping is “freight included” . From that point onward, the Buyer assumes all risk for the goods in transit. (If DAP shipping is used, the Seller bears the risk during main transit, but in all cases the Buyer is responsible for any loss/damage after the carrier’s receipt unless it is due to Seller’s fault in packaging.) The Buyer is responsible for obtaining any transit insurance if desired (the Seller can arrange insurance on request, which will be charged additionally).
- Customs & Import: For deliveries outside the EU (or any cross-border shipment), the Seller will provide necessary export documentation (commercial invoice, packing list, certificates if any). The Buyer is responsible for any import clearance, duties, taxes, or customs brokerage in the destination country, unless otherwise agreed in writing. Any delay in customs is beyond the Seller’s control; however, the Seller will assist with providing documents or information needed to facilitate customs clearance.
- Receipt and Inspection: The Buyer should inspect the delivered goods promptly upon receipt. Any damage in transit or discrepancies in quantity should be noted on the delivery receipt with the carrier (if visible upon delivery) and reported to the Seller as soon as possible. The Seller will assist in resolving any shipping-related claims if the shipment was arranged by the Seller.
- Conformance to Specifications: The Seller warrants that the parts delivered will conform to the agreed specifications and drawings provided by the Buyer, within the stated tolerances. If any parts are found, upon inspection by the Buyer, not to meet the agreed dimensional or material specifications due to the Seller’s error, the Buyer must notify the Seller within a reasonable time (typically within 10 business days of delivery or as otherwise agreed). In such case, the Seller will at its discretion either repair or replace the non-conforming parts, or issue a refund/credit for the affected parts . This remedy is provided on the condition that the parts have not been modified or misused by the Buyer.
- Limited Warranty: Except as explicitly stated in these terms, the Seller makes no other warranties, express or implied, regarding the goods or services. By way of example, the Seller gives no implied warranty of merchantability or fitness for a particular purpose . The Buyer is responsible for determining the suitability of the parts for its intended application. Any technical or design advice provided by the Seller is for informational assistance only, and does not constitute a guarantee of fitness.
- Buyer’s Design Responsibility: The Seller does not assume responsibility for the design of the parts or their fitness for the Buyer’s end use. The Buyer retains sole responsibility for ensuring that the design, specifications, and materials are adequate for the intended function of the part . Any review or suggestions made by the Seller’s engineers (such as recommending design modifications for manufacturability) are aimed at meeting manufacturing requirements and do not transfer design liability to the Seller . The Buyer is also solely responsible for compliance of the design with any regulatory or safety requirements in its end application (for example, RoHS, REACH compliance of the product as assembled, industry-specific standards, etc.).
- No Liability for Documentation Errors: The Seller is not liable for defects or problems in the parts that result from incomplete, incorrect, or ambiguous information supplied by the Buyer . This includes situations such as missing dimensions, undefined tolerances, or erroneous material specifications in the Buyer’s documentation. Similarly, if the Buyer approves a drawing or sample which contains an error, any resulting non-conformance is at the Buyer’s risk.
- Consequential Damages: The Seller shall not be liable for any incidental, indirect, or consequential losses or damages arising out of or related to the quotation, order, or use of the parts. This exclusion includes, but is not limited to, damages for lost profits or revenue, loss of production or downtime, business interruption, or claims from the Buyer’s customers due to delayed or incorrect parts . The Buyer acknowledges that the pricing of the parts reflects this allocation of risk. In no event will the Seller’s total liability exceed the value of the order (the price paid by the Buyer for the specific goods or services giving rise to the claim) .
- Force Majeure: The Seller shall not be liable for any failure to perform, or delay in performance of, any obligation (including manufacturing or delivery obligations) when such failure or delay is caused by circumstances beyond the Seller’s reasonable control . This includes, but is not limited to, events such as natural disasters, extreme weather, fire, flood, epidemic or pandemic outbreaks, war, armed conflict, terrorism, civil unrest, labor strikes or lockouts, significant supply chain disruptions, government embargoes or regulations, power or utilities failures, or transportation delays and accidents . In the event of a force majeure situation, the Seller will notify the Buyer as soon as practicable of the issue and the expected impact. The deadlines for performance will be extended for the duration of the force majeure event, or the Seller may, at its option, cancel the order (without liability) if the event makes performance impracticable. The Buyer shall not hold the Seller responsible for any loss or damage resulting from such delays or non-performance due to force majeure.
- Order Cancellation by Buyer: If the Buyer needs to cancel an order, it must notify the Seller in writing as soon as possible. Orders may be canceled only before production has started (or before procurement of unique materials, special tools, etc., has been made). Once work has commenced on the Buyer’s order, cancellation is subject to the Seller’s consent and may incur charges. In particular, if the order is canceled after production has begun or materials have been committed, the Buyer shall be liable to pay for the work already performed and any materials purchased up to the cancellation date . Any advance payments or deposits may be applied toward such costs. Fully completed and delivered custom parts are generally non-cancellable and non-returnable, except in cases of the Seller’s material breach or as covered by the warranty provisions above.
- Indemnity for Design and Intellectual Property: The Buyer warrants that any designs, drawings, or specifications that it provides to the Seller do not infringe upon the intellectual property rights of any third party. The Buyer agrees to indemnify and hold the Seller harmless against any third-party claims, liabilities, damages, or expenses (including legal fees) arising out of the Seller’s manufacturing of goods according to the Buyer’s designs or specifications that result in allegations of patent, trademark, or copyright infringement or other proprietary rights violations . This indemnification extends to any claim that the use or sale of the goods by either the Seller or Buyer infringes a third party’s rights, provided the design or specification was provided by the Buyer.
- Limitation of Remedies: The Buyer’s exclusive remedies for any confirmed defect or Seller’s breach of these Terms are as specified above (repair, replacement, or refund, at Seller’s option). Outside of or beyond those remedies, and to the maximum extent permitted by law, the Seller disclaims all other liability. No action, regardless of form, arising out of this quotation or subsequent sale may be brought by the Buyer more than one year after the cause of action has accrued, except where a shorter period is provided by law.
(The following are general technical considerations and default practices in the absence of contrary specifications from the Buyer:)
- Internal Corners: Due to the limitations of endmill tooling, all internal corners in machined parts will have a radius. The minimum internal corner radius achievable is typically ~2 mm (if not otherwise specified) because standard tools have diameter constraints. If a sharper internal corner is required, the Buyer must specify it and it may require alternative methods (such as EDM or broaching) or design adjustments (like adding a relief). By default, the Seller will machine internal corners with the largest possible tool that fits unless a specific radius is called out, to ensure strength and precision.
- Standard Components & Hardware: If the assembly or part requires integrating standard off-the-shelf components (e.g. bearings, inserts, pins), the Buyer should provide clear specifications or part numbers for those components. The Seller will install or incorporate such standard components as per the Buyer’s instructions or coding. Unless otherwise specified, standard parts will be procured from trusted suppliers. Any coding or identification system provided by the Buyer for assembly will be followed to organize and label parts.
- Manual Operations: Certain features or finishes might be achieved via manual operations (for example, hand deburring, polishing, or other hand-finishing work). Manual operations inherently have some variability. While the Seller strives for consistency, minor differences may occur from piece to piece when work is done by hand. Absolute repeatability or identical appearance cannot be guaranteed for handcrafted aspects. All critical functional features should be machine-defined or fixture-controlled where possible. If the design requires extensive manual fitting or tuning (e.g. hand lapping of parts), the expectations and acceptable range of variation should be mutually understood and documented.
- Tolerancing Practice: The Seller’s standard practice, unless otherwise directed, is to hold ±0.125 mm (±0.005 inch) tolerance on dimensions for metal parts and ±0.25 mm (±0.010 inch) for plastic parts, when no specific tolerance is indicated. Geometric tolerances (flatness, roundness, etc.) if not specified are controlled implicitly by the general tolerances. If the Buyer has a specific ISO 2768 tolerance class or any general tolerance block on drawings, that will be respected. For any dimensions designated as critical, the Buyer should ensure a specific tolerance is stated.
- Surface Finish Defaults: If no Ra (Roughness average) is specified, machined surfaces will typically be delivered in a standard milled/turned finish (~Ra 1.6 μm to 3.2 μm for most metals). Holes and critical diameters may be reamed or polished to ensure fit if needed, but otherwise standard tool finishes apply. Anodizing or bead blasting can affect surface roughness (generally increasing it slightly); if a smooth surface is required after finishing, this should be noted.
- Design for Manufacturing Feedback: The Seller may provide feedback or notes on the Buyer’s design intended to improve manufacturability or reduce cost (for example, suggesting a change in fillet size, wall thickness, or tolerance). These suggestions are offered in good faith and the spirit of collaboration, but any changes to the design are the Buyer’s decision and responsibility. The Seller will not modify the Buyer’s design without permission. If the Buyer opts not to implement suggested changes, the parts will be made as per the original design and the Seller will strive to meet the requirements, but the Buyer accepts any associated risk (e.g., higher chance of part distortion, cosmetic issues, or cost implications).
- Buyer’s Intellectual Property: All drawings, designs, technical information, and data provided by the Buyer to the Seller remain the intellectual property of the Buyer. The Seller does not obtain ownership or rights to use the Buyer’s designs beyond what is necessary to produce the parts. The Seller agrees that it will not disclose, reproduce, or use the Buyer’s provided designs or technical information for any purpose other than fulfilling the Buyer’s order . This includes an obligation not to use the Buyer’s parts or designs for marketing or for other customers without explicit permission. The Seller is willing to sign additional Non-Disclosure Agreements (NDAs) if required, to reinforce confidentiality of sensitive projects.
- Seller’s Intellectual Property: The manufacturing processes, techniques, know-how, and any proprietary software or tooling used by the Seller in producing the parts are the intellectual property of the Seller. This includes any process optimizations, CNC programs, or fixture designs developed by the Seller. The Buyer does not gain any rights to the Seller’s intellectual property by purchasing the parts. However, any specific tooling that is custom-made and charged to the Buyer (as per Section 5) will not be used for other customers without the Buyer’s consent, in order to protect the Buyer’s product confidentiality . Standard processes or generic tooling remain the property of the Seller to use at its discretion.
- Work Product Ownership: In cases where the Seller provides design-related services (such as creating 3D models from a sketch or designing a fixture specifically for the Buyer’s product), and the Buyer fully pays for those services, the resulting design outputs or drawings for the product itself shall be deemed the Buyer’s property . For example, if the Seller develops a CAD model or a custom prototype per the Buyer’s request and it is invoiced, the Buyer will own that model/design. The Seller may retain a copy for record-keeping but will not use or share it otherwise. (Note: This does not apply to generalized process tools or code as noted above, only the product-specific design deliverables.)
- Confidentiality: Both parties agree to keep confidential any proprietary or sensitive information exchanged in the course of the quotation and order. In particular, the Seller will treat all Buyer’s information as confidential and will only share it internally on a need-to-know basis or with subcontractors as necessary to complete the order(and in those cases, the subcontractors will be bound by similar confidentiality obligations) . If the Seller and Buyer have a separate confidentiality or nondisclosure agreement, those terms will also apply. The obligation of confidentiality does not apply to information that is or becomes publicly available without breach of this term, or information already in the Seller’s possession from other legitimate sources.
- Publicity: The Seller may, from time to time, wish to reference the Buyer as a client for portfolio or marketing purposes (e.g., listing the Buyer’s company name or logo on the Seller’s website or brochures). The Seller will seek the Buyer’s permission before disclosing any such relationship publicly. The Seller will not reveal specifics about the parts or projects without consent, especially if the project is confidential in nature. The Buyer’s trademarks and names remain their own property, and any authorized use by the Seller will be in accordance with the Buyer’s guidelines .
- Governing Law: This quotation and any resulting contract for the sale of goods or services shall be governed by and construed in accordance with the laws of Poland, which is the location of the Seller’s principal place of business. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this agreement .
- Jurisdiction: Any dispute, controversy, or claim arising out of or relating to this quotation, an accepted order, or the goods supplied (including any non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Poland. Specifically, the parties consent to the jurisdiction of the competent courts located in Warsaw, Poland for the resolution of any such disputes. Each party waives any objection to the venue or to the fact that such courts may be an inconvenient forum .
- Dispute Resolution: The Buyer and Seller will first attempt in good faith to resolve any disputes or claims arising under these Terms through negotiation. If a negotiated resolution is not achieved within a reasonable time, then the dispute may be submitted to the courts as specified above, or alternatively to arbitration/mediation if both parties agree in writing to such process.
- Language: These Terms & Conditions are drafted in the English language at the Buyer’s request. If they are translated into another language for convenience or local requirements, the English version shall prevail in case of any discrepancy or interpretation dispute . All communications between the parties regarding these Terms or any order shall be in English unless otherwise agreed.