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Legal Documentation

Terms & Conditions

These Terms and Conditions govern all orders, quotations, and manufacturing services provided by LOM Metal Machining. By submitting a Request for Quote or placing an order, you agree to be bound by these terms.

Effective Date: January 1, 2025
Version 2.0
Governed by International Commercial Law

Please Read Carefully

These Terms and Conditions ("Agreement") constitute a legally binding contract between the Buyer and LOM Metal Machining ("LOM," "we," "us," or "our"). By submitting a Request for Quote (RFQ), issuing a Purchase Order, or otherwise engaging our manufacturing services, you acknowledge that you have read, understood, and agree to be bound by all terms herein.

General & Quotations

Quote Validity: All quotations issued by LOM Metal Machining are valid for 30 calendar days from the date of issuance, unless otherwise stated in writing. After this period, pricing may be subject to revision due to material cost fluctuations or capacity changes.

Basis of Quotation: All pricing is calculated based on the Buyer's provided 2D engineering drawings, 3D CAD models (STEP/IGES), material specifications, surface finish requirements, and stated quantity. Any changes to these parameters after quotation acceptance may result in price adjustments and revised lead times.

Incoterms & Duties: Unless a quotation is explicitly stated as DDP (Delivered Duty Paid), all standard pricing under EXW, FOB, CIF, or Direct Courier terms does NOT include destination country import duties, local taxes, VAT, brokerage fees, or unforeseen customs clearance charges. These costs are the sole responsibility of the Buyer.

Freight Estimates: Where freight costs are provided as part of a quotation (except under DDP terms), such figures are estimates only. Actual shipping charges via Express (DHL/FedEx/UPS), Air Freight, or Sea Freight may vary based on final packaged dimensions, weight, and carrier surcharges at the time of shipment.

Order Confirmation: A Purchase Order (PO) from the Buyer, or written acceptance of our Proforma Invoice (PI), constitutes a binding order. Production will not commence until both the signed PI and the initial deposit payment have been received and confirmed.

Payment Terms

Standard Payment Structure
30%
Upfront Deposit
Required to initiate material procurement and production scheduling. Production lead time begins upon deposit clearance.
70%
Balance Before Shipment
Full remaining balance must be received and cleared before goods are released for shipment or freight booking.

Accepted Payment Methods: LOM Metal Machining accepts payment via Wire Transfer (T/T -- Telegraphic Transfer), PayPal, and other methods as mutually agreed upon in writing prior to order confirmation. All bank charges and transfer fees are the responsibility of the Buyer.

Currency: Unless otherwise agreed in writing, all transactions are conducted in USD (US Dollars). LOM is not responsible for exchange rate fluctuations that may affect the Buyer's cost in their local currency.

Proforma Invoice: Upon order confirmation, LOM will issue a Proforma Invoice (PI) clearly stating the agreed Incoterm (EXW, FOB, CIF, DDP, or Express Courier), unit pricing, total amount, deposit required, and estimated lead time. The PI serves as the authoritative order document.

Late Payment: If the balance payment is not received within the agreed timeframe prior to shipment, LOM reserves the right to place the order on hold, apply a storage fee for completed goods held in our facility, and/or adjust pricing to reflect any material cost increases incurred during the delay.

Long-Term Clients: Alternative payment arrangements (e.g., Net 30 terms, open account credit) may be available for established clients with a proven track record. These arrangements must be formally agreed upon in a separate written credit agreement.

Delivery & Lead Time

Supported Incoterms (2020)
EXW
Ex Works
Buyer arranges all freight and export. Risk transfers at our factory gate.
FOB
Free On Board
LOM handles export clearance. Risk transfers when goods board the vessel.
CIF
Cost, Insurance & Freight
LOM covers freight and insurance to destination port. Import duties excluded.
DDP
Delivered Duty Paid
Full door-to-door service including import duties and customs clearance.

Lead Time Commencement: The stated production lead time begins only upon: (a) clearance of the 30% initial deposit payment, and (b) receipt of final, manufacturing-ready drawings with all specifications confirmed. Revisions to drawings after production commencement may extend the lead time.

Estimated vs. Committed Dates: All lead times provided are estimates based on current production capacity and material availability. While LOM makes every commercially reasonable effort to meet stated delivery timelines, estimated delivery dates are not guaranteed commitments unless explicitly stated as firm in writing.

Shipping Methods: LOM offers flexible shipping options including Direct Courier (DHL, FedEx, UPS), Air Freight, and Sea Freight (LCL or FCL). The method will be agreed upon at time of order confirmation and specified in the Proforma Invoice.

Risk of Loss: Risk of loss or damage to goods transfers to the Buyer in accordance with the agreed Incoterm. LOM is not liable for loss, damage, or delays caused by carriers, customs authorities, or logistics events beyond our control once goods have been handed over to the freight forwarder or carrier.

Partial Shipments: LOM reserves the right to make partial shipments where mutually agreed or where production batches are completed in stages, unless the Buyer has explicitly specified that only complete shipments are acceptable.

Manufacturing Quality & Tolerances

Default Manufacturing Standard

Unless specific tolerances are explicitly detailed within the Buyer's provided 2D engineering drawings, LOM Metal Machining will manufacture all parts in accordance with ISO 2768-m (Medium) or ISO 2768-f (Fine) general tolerance standards for CNC machined components.

Drawing Responsibility: The Buyer is solely responsible for the accuracy, completeness, and manufacturability of all provided drawings and specifications. LOM will manufacture parts as specified. Any errors, omissions, or ambiguities in the provided documentation that result in non-conforming parts shall be the responsibility of the Buyer.

Tight Tolerance Parts: For parts requiring tolerances tighter than ISO 2768-f (e.g., ±0.01mm or tighter), these must be explicitly stated on the drawing with GD&T callouts. LOM will confirm feasibility during the DFM (Design for Manufacturability) review process prior to production commencement.

Surface Cosmetics: Minor tool marks, witness lines, or surface blemishes on non-critical or non-visible internal surfaces that do not affect the functionality, structural integrity, or assembly fit of the part may be deemed acceptable per industry standards, unless specific surface finish callouts (Ra values) are provided on the drawing.

First Article Inspection (FAI): For new part numbers or critical applications, LOM recommends and can provide a First Article Inspection Report (FAIR) with CMM data, dimensional reports, and material certifications. This service may be quoted separately and should be requested prior to full production.

Quantity Tolerance: LOM reserves the right to ship up to ±5% of the ordered quantity to account for production scrap rates on complex parts, unless a firm exact quantity is specified and agreed upon in writing. Invoicing will reflect the actual shipped quantity.

Quality Documentation: LOM maintains full traceability through our IQC → IPQC → FQC → OQC quality chain. Material certifications (Mill Certs), Certificates of Conformance (CoC), and PPAP Level 3 documentation are available upon request and must be specified at time of order.

Claims & Rework Policy

No General Returns on Custom CNC Parts

Because all parts manufactured by LOM Metal Machining are custom-engineered to Buyer-provided specifications, we do not accept returns for reasons other than confirmed manufacturing defects or non-conformance to agreed drawing specifications. All claims are handled through our structured rework and resolution process.

Claims Resolution Process
1
Inspect & Notify
Inspect goods within 14 days of delivery. Submit written notice with photos, videos, or CMM inspection data.
2
LOM Review
Our QC team reviews all submitted evidence against the original drawing specifications and production records within 5 business days.
3
Resolution
If defect is confirmed on LOM's part, we will rework or remake non-conforming parts at our expense, or provide agreed credit.

Inspection Window: The Buyer has 14 calendar days following confirmed delivery to inspect all received parts and notify LOM of any non-conformances. Claims submitted after this period will not be accepted, and the goods will be deemed accepted by the Buyer.

Claim Submission Requirements: All quality claims must be submitted in writing (email is acceptable) and must include: (a) the relevant Purchase Order number, (b) clear photographic or video evidence of the defect, (c) identification of the specific drawing dimensions or specifications that have not been met, and (d) quantity of affected parts. CMM inspection reports or third-party measurement data are strongly encouraged.

LOM's Liability: If a manufacturing defect is confirmed to be caused by LOM's error (i.e., parts do not conform to the agreed drawing specifications), LOM will, at its sole discretion: (a) rework the non-conforming parts at our expense, (b) remake the non-conforming parts at our expense, or (c) provide a partial credit or refund proportional to the confirmed defective quantity. LOM will not be liable for any consequential, incidental, or indirect damages arising from part non-conformance.

Buyer-Caused Non-Conformances: LOM will not be liable for non-conformances resulting from: errors or ambiguities in Buyer-provided drawings or specifications; changes requested by the Buyer after production commencement; material substitutions requested by the Buyer; or design deficiencies identified after manufacturing.

Return Shipping: If physical return of defective parts is required for root cause analysis, LOM will provide a prepaid return shipping label or reimburse reasonable return freight costs, provided the claim has been pre-approved in writing by LOM's quality team.

Order Cancellation

Cancellation Policy by Production Stage
Before Material Procurement
Order confirmed but materials not yet purchased and production not started.
Deposit Refundable (less admin fee)
After Material Procurement / Production Started
Raw materials purchased or machining operations commenced.
Deposit Non-Refundable
Costs Exceed Deposit
Actual material and labor costs incurred exceed the 30% deposit amount.
Buyer Liable for Excess Costs

Cancellation Request Process: All order cancellation requests must be submitted in writing to LOM's sales team. Verbal cancellations will not be accepted. LOM will acknowledge receipt and confirm the production stage within 2 business days, along with any applicable cancellation charges.

Non-Refundable Deposit: Once material procurement has commenced or any machining operations have begun, the 30% deposit is entirely non-refundable. This policy reflects the custom nature of CNC machined parts, which cannot be resold or repurposed.

Excess Cost Recovery: If the actual and documented costs of raw materials purchased, tooling, fixturing, and labor expended at the time of cancellation exceed the 30% deposit, the Buyer is liable to cover the difference. LOM will provide a detailed cost breakdown for the Buyer's review.

Completed Goods: If an order is cancelled after production is complete, the Buyer is liable for the full invoice amount. LOM may, at its discretion, offer to hold completed goods in storage for a defined period (with applicable storage fees) to allow the Buyer to arrange collection or payment.

Intellectual Property & Confidentiality

Your IP Stays Yours
All designs remain the exclusive property of the Buyer at all times.
Zero Third-Party Sharing
Files are never shared with, sold to, or disclosed to any third party.
NDA Available
Standard NDA signed upon request, even before file submission.

Buyer's Intellectual Property: LOM Metal Machining acknowledges and agrees that all 3D CAD files, 2D engineering drawings, design concepts, specifications, technical data, and product designs provided by the Buyer remain the exclusive intellectual property of the Buyer. LOM acquires no ownership rights, licenses, or interests in the Buyer's IP through the manufacturing relationship.

Limited Use License: The Buyer grants LOM a limited, non-exclusive, non-transferable license to use the provided design files solely for the purpose of manufacturing the ordered parts for the Buyer. This license terminates upon completion and delivery of the order.

Confidentiality Obligations: LOM treats all Buyer-provided technical information, drawings, specifications, business information, and pricing as strictly confidential. We will not disclose, share, sell, license, or otherwise make available any such information to any third party without the Buyer's express written consent.

Internal Access Controls: Access to Buyer files within LOM is restricted on a need-to-know basis, limited to engineers and production staff directly involved in manufacturing the Buyer's order. All relevant staff are bound by internal confidentiality policies.

Non-Disclosure Agreement (NDA): LOM is prepared to execute a formal, bilateral Non-Disclosure Agreement prior to the exchange of any sensitive design files or proprietary technical information. Buyers are encouraged to request an NDA before submitting files for quotation. Our standard NDA template is available upon request.

File Retention & Destruction: Upon completion of an order, LOM will retain Buyer files in our secure system for a period of 3 years to facilitate repeat orders or warranty support. Upon written request, LOM will confirm the deletion of all Buyer files from our systems after this retention period, or earlier if requested.

Buyer's IP Warranty: The Buyer warrants that they have full legal right, title, and authority to submit the provided designs and specifications for manufacturing, and that doing so does not infringe upon the intellectual property rights of any third party. The Buyer shall indemnify and hold LOM harmless from any third-party IP infringement claims arising from manufacturing parts to the Buyer's specifications.

Taxes, Duties & Force Majeure

Import Duties & Taxes: Unless explicitly quoted and confirmed as DDP (Delivered Duty Paid), all standard pricing (EXW, FOB, CIF, or Direct Courier) excludes destination country import duties, tariffs, VAT, GST, customs brokerage fees, and any other government-imposed charges. The Buyer is solely responsible for determining and paying all applicable import costs in their country.

Tariff Changes: LOM is not responsible for changes in import tariff rates, trade sanctions, or customs regulations that occur after order confirmation. If DDP pricing has been agreed and significant tariff changes occur (e.g., new trade policy measures exceeding 5% of declared value), LOM reserves the right to renegotiate the DDP surcharge component with the Buyer.

Force Majeure Definition: Neither party shall be held liable for delays or failures in performance resulting from circumstances beyond their reasonable control ("Force Majeure Events"), including but not limited to: acts of God, natural disasters, earthquakes, floods, fires, pandemics, epidemics, government-imposed restrictions, wars, civil unrest, strikes, labor disputes, port closures, critical material shortages, or infrastructure failures.

Force Majeure Notification: The party affected by a Force Majeure Event must notify the other party in writing as soon as reasonably practicable, describing the nature of the event, its expected duration, and the steps being taken to mitigate its effects. Both parties will work in good faith to find mutually acceptable solutions.

Extended Force Majeure: If a Force Majeure Event continues for more than 60 consecutive days and materially prevents performance of the order, either party may terminate the affected order upon 14 days' written notice. In such case, LOM will refund any portion of the deposit that has not been consumed by material or labor costs already incurred.

Limitation of Liability

Maximum Liability Cap: LOM Metal Machining's total aggregate liability to the Buyer for any claim arising from or related to a specific order shall not exceed the total invoice value paid by the Buyer for that specific order. This cap applies regardless of the form of action, whether in contract, tort, negligence, or otherwise.

Exclusion of Consequential Damages: In no event shall LOM be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to: loss of profits, loss of revenue, loss of business opportunity, production downtime, recall costs, or reputational damage -- even if LOM has been advised of the possibility of such damages.

Safety-Critical Applications: The Buyer is solely responsible for determining the suitability of LOM's manufactured parts for their intended application. LOM does not warrant that parts are suitable for safety-critical, life-sustaining, or mission-critical applications unless specifically agreed in writing with appropriate quality and validation protocols in place.

Warranty: LOM warrants that all manufactured parts will conform to the agreed drawing specifications and quality standards at the time of shipment. This warranty does not cover defects arising from: improper handling or storage by the Buyer, unauthorized modification of parts, use outside specified design parameters, or normal wear and tear.

Governing Law & Dispute Resolution

Governing Law: These Terms and Conditions and any disputes arising from them shall be governed by and construed in accordance with applicable international commercial law principles, with reference to the United Nations Convention on Contracts for the International Sale of Goods (CISG) where applicable.

Good Faith Resolution: Both parties agree to first attempt to resolve any dispute through good faith negotiation. Upon written notice of a dispute, both parties will designate authorized representatives to meet (in person or virtually) within 15 business days to attempt resolution.

Arbitration: If good faith negotiation fails to resolve the dispute within 30 days, the matter shall be submitted to binding arbitration under the rules of the China International Economic and Trade Arbitration Commission (CIETAC), or another internationally recognized arbitration body as mutually agreed. The arbitration shall be conducted in English.

Severability: If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Entire Agreement: These Terms and Conditions, together with the applicable Proforma Invoice and any signed NDA or Quality Agreement, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior negotiations, representations, or agreements.

Amendments: LOM Metal Machining reserves the right to update these Terms and Conditions at any time. The version in effect at the time of order confirmation shall govern that order. Continued engagement with LOM following any published update constitutes acceptance of the revised terms.

Agreement Acknowledgment

By submitting a Request for Quote, issuing a Purchase Order, making a deposit payment, or otherwise engaging LOM Metal Machining's manufacturing services, the Buyer confirms that they have read, understood, and agree to be bound by these Terms and Conditions in their entirety. These terms apply to all current and future transactions between the parties unless superseded by a separately executed written agreement signed by authorized representatives of both parties.

Last updated: January 1, 2025 · LOM Metal Machining · Greater Bay Area, China · info@lomcnc.com

Key Terms at a Glance
Quote Validity
30 days from issuance
Payment Split
30% deposit / 70% before shipment
Default Tolerance
ISO 2768-m or ISO 2768-f
Claims Window
14 days after delivery
No General Returns
Custom parts -- rework policy applies
IP Protection
Full confidentiality -- NDA available
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