Our Terms and Conditions 

Please contact K Tooling LLC if you have any questions regarding your quotation or order. The following Terms and Conditions apply to quotations and orders accepted by K Tooling LLC unless otherwise expressly agreed to in writing by an authorized representative of K Tooling LLC.

1. Quotations & Pricing

Unless otherwise stated, quotations are valid for 30 days from the quotation date.

Pricing is based on the drawings, models, specifications, revisions, tolerances, quantities, materials, delivery requirements, quality requirements, documentation requirements, and other information available at the time of quotation.

Material, outside processing, freight, tariffs, duties, and other third-party costs are subject to market conditions and availability. K Tooling LLC reserves the right to revise pricing before order acceptance if these costs materially change.

Changes to quantities, specifications, revisions, materials, delivery schedules, documentation, compliance requirements, or other quoted requirements may result in revised pricing and lead times.

Unless expressly included, pricing does not include applicable taxes, freight, tariffs, duties, expedited services, special packaging, special inspection, or additional documentation.

K Tooling LLC reserves the right to correct clerical, mathematical, typographical, or administrative errors.

2. Purchase Orders & Order Acceptance

All orders must be submitted or confirmed in writing.

Receipt of a purchase order does not constitute acceptance by K Tooling LLC. Orders are subject to review for pricing, quantity, drawings, revisions, materials, delivery requirements, quality requirements, regulatory requirements, customer flowdowns, documentation, credit status, and manufacturing capability.

K Tooling LLC may request clarification, corrections, revised pricing, revised delivery dates, or other changes before accepting an order.

3. Order of Precedence & Customer Terms

Unless otherwise expressly agreed in writing, the following order of precedence applies:

1. Specific terms stated on the applicable K Tooling LLC quotation or order acknowledgment;

2. These Terms and Conditions;

3. Customer technical requirements expressly accepted by K Tooling LLC.

Additional or conflicting commercial terms contained in customer purchase orders, supplier portals, supplier manuals, websites, or other documents do not modify K Tooling LLC's obligations unless expressly accepted in writing.

4. Customer Requirements & Flowdowns

Customers are responsible for providing all applicable technical, quality, regulatory, cybersecurity, export-control, documentation, and customer-specific flowdown requirements before quotation and order acceptance.

Requirements disclosed after order acceptance may result in revised pricing, lead times, documentation requirements, or suspension of the order.

5. Quantities, Releases & Split Shipments

Quoted pricing is based on the quantities and delivery structure identified in the quotation.

If a customer changes the total quantity, release quantity, or delivery structure, K Tooling LLC may revise the applicable unit pricing.

When a quoted quantity is divided into multiple releases or shipments, additional charges may apply for storage, handling, reinspection, documentation, packaging, and shipping preparation.

When stated on the quotation, additional releases may require an Additional QC/Shipping Documents Package Charge.

6. Minimum Orders, Setup & Expedite Charges

K Tooling LLC may apply reasonable minimum order, setup, programming, engineering, inspection, documentation, handling, or administrative charges where applicable.

Requests to expedite an order are subject to available capacity, material availability, outside-processing availability, and written acceptance by K Tooling LLC. Expedite fees may apply.

7. Lead Times & Customer Delays

Lead times begin after K Tooling LLC receives everything reasonably necessary to begin work, including an acceptable purchase order, final drawings/models, correct revisions, required approvals, applicable compliance information, customer-supplied material or tooling, and required deposits where applicable.

Quoted and acknowledged delivery dates are good-faith estimates unless specifically guaranteed in writing.

Customer delays involving drawing clarification, approvals, purchase order revisions, deviations, First Article approvals, customer-supplied material, payment, or other required information may extend the delivery schedule.

8. Technical Feasibility & Changes

If K Tooling LLC determines during programming, setup, production, or inspection that a requirement is unsafe, technically impractical, incomplete, conflicting, or materially different from what was reasonably understood at quotation, K Tooling LLC may suspend work and request customer direction.

Pricing and lead times may be revised accordingly.

Changes affecting design, material, dimensions, tolerances, revisions, quantity, inspection, documentation, compliance, or delivery must be confirmed in writing and accepted by K Tooling LLC.

Oral instructions do not modify an accepted order unless subsequently confirmed in writing.

9. Drawings, Models & Revision Control

The customer is responsible for providing complete, accurate, and current drawings, CAD models, specifications, and revision levels.

Unless otherwise expressly stated:

• The controlled 2D drawing governs dimensions, tolerances, notes, specifications, and inspection requirements.

• The 3D model governs nominal geometry where not otherwise defined.

If documents conflict, K Tooling LLC may suspend work until written clarification is received.

K Tooling LLC is not responsible for costs arising from incorrect, incomplete, conflicting, or obsolete customer-provided information.

10. Design Responsibility & Manufacturability Recommendations

K Tooling LLC may provide recommendations regarding manufacturability, materials, tolerances, or production methods.

Unless K Tooling LLC has specifically contracted to provide engineering or design services, these recommendations do not transfer design responsibility to K Tooling LLC.

The customer remains responsible for the design, fit, form, function, intended application, safety, regulatory suitability, and final validation of the product.

Prototype products must be evaluated and approved by the customer before production release.

11. Materials

Material requirements will be based on accepted drawings, specifications, quotations, and purchase orders.

Material certifications will be provided when specifically required.

If specified material becomes unavailable, obsolete, significantly delayed, or subject to material cost increases, K Tooling LLC may request approval of a substitute, revise pricing or delivery, or suspend the order.

12. Customer-Supplied Materials

Customer-supplied material must be clearly identified, suitable for the intended process, free from known defects, delivered on schedule, and supplied in sufficient quantity.

Customers should provide reasonable additional material for setup, process qualification, destructive testing, inspection samples, and normal manufacturing loss where applicable.

K Tooling LLC is not responsible for defects, shortages, delays, or additional costs caused by defective, incorrect, inconsistent, insufficient, or unsuitable customer-supplied material.

13. Scrap, Drops & Excess Material

Unless otherwise agreed, ordinary chips, scrap, setup material, and minor remnants generated during manufacturing do not need to be returned.

When K Tooling LLC purchases raw material and incorporates its cost into the quoted product price, unused drops or excess stock remain the property of K Tooling LLC unless otherwise expressly stated.

14. Quality, Inspection & Documentation

Products will be manufactured according to the drawings, specifications, tolerances, and requirements accepted by K Tooling LLC.

K Tooling LLC maintains its Quality Management System in accordance with its applicable certifications, including AS9100 Rev. D and ISO 9001:2015.

Inspection will be performed according to K Tooling LLC's standard quality procedures unless additional requirements are specifically identified and accepted.

Special requirements such as FAIR/AS9102, Certificates of Conformance, material certifications, inspection reports, source inspection, PPAP, customer-specific forms, or other special documentation may result in additional charges if not included in the quotation.

15. First Article & Customer Approval

When a First Article, sample, deviation, or other approval is required before additional production may continue, production may be placed on hold pending customer approval.

Customer approval delays may extend the delivery schedule.

16. Special Processes & Outside Processing

Requirements involving specific processors, NADCAP processing, OEM-approved sources, customer-approved suppliers, or other special-process restrictions must be disclosed before quotation or order acceptance.

K Tooling LLC may use qualified subcontractors for heat treatment, plating, anodizing, coating, grinding, nondestructive testing, and other manufacturing services unless specifically restricted by an accepted requirement.

Third-party processing delays outside K Tooling LLC's reasonable control may affect delivery.

17. Cosmetic & Workmanship Requirements

Cosmetic appearance, surface finish, burr limits, edge breaks, or other workmanship requirements must be clearly identified on the applicable drawing, specification, sample, or accepted workmanship standard.

Unless otherwise specified, normal manufacturing evidence such as reasonable machining marks, tooling witness marks, handling marks, or normal finish/color variation will not be considered a nonconformance when applicable dimensional and functional requirements are satisfied.

18. Packaging, Shipping & Freight

Unless otherwise specified, K Tooling LLC will use standard commercial packaging appropriate for the product and shipping method.

Special packaging, preservation, custom containers, VCI materials, individual wrapping, special labels, or export packaging may result in additional charges.

Unless otherwise agreed in writing, shipments are FOB Sidney, New York.

Freight and transportation costs are the customer's responsibility unless specifically included.

K Tooling LLC may make reasonable partial or early shipments unless specifically prohibited by an accepted customer requirement.

19. Delayed Shipment & Storage

If K Tooling LLC completes products according to the agreed schedule and the customer requests delayed shipment, K Tooling LLC may invoice the completed products according to the applicable payment terms.

A customer-requested shipment delay does not automatically extend payment terms.

Storage, preservation, reinspection, repackaging, handling, and documentation charges may apply to products held beyond the agreed delivery schedule.

20. JIT, Blanket Orders & Scheduled Releases

For JIT, blanket, family-group, or scheduled-release orders where K Tooling LLC has committed material, outside processing, production capacity, work in process, or completed inventory, the accepted purchase order quantity represents the customer's committed quantity unless otherwise agreed in writing.

Schedule changes are subject to K Tooling LLC approval.

Unless otherwise agreed, committed quantities must be completed within one year of the purchase order issuance date.

Forecasting tools, scheduling portals, electronic releases, or similar systems do not cancel or reduce committed purchase order quantities unless expressly accepted by K Tooling LLC.

21. Customer Inspection & Acceptance

Customers are responsible for promptly inspecting delivered products.

Customers have 5 business days from receipt of shipment to verify quantities and report count or shipment discrepancies.

Customers have 10 business days from receipt of shipment to complete normal incoming inspection/QC and report apparent workmanship, dimensional, quality, documentation, or other nonconformances.

Claims must be submitted in writing and include enough information for K Tooling LLC to investigate.

Failure to report an apparent issue during the applicable inspection period may constitute acceptance, subject to applicable law and accepted contractual requirements.

22. Returns, Nonconforming Product & Remedies

Custom-manufactured products are nonreturnable and nonrefundable unless they are determined to be nonconforming or otherwise approved for return by K Tooling LLC.

Products may not be returned without prior written authorization.

K Tooling LLC must be provided a reasonable opportunity to evaluate an alleged nonconformance before the customer reworks, repairs, sorts, scraps, or otherwise dispositions the affected products.

If K Tooling LLC determines that a product does not conform to accepted requirements, K Tooling LLC may, at its discretion:

• Repair;

• Rework;

• Replace; or

• Refund or credit the affected product.

23. Unauthorized Chargebacks & Third-Party Costs

Customers may not charge K Tooling LLC for sorting, rework, repair, replacement labor, third-party inspection, expedited freight, scrap, administrative penalties, line-down charges, or similar expenses without prior written authorization unless otherwise required by an accepted agreement or applicable law.

A debit memo or chargeback does not by itself establish K Tooling LLC's acceptance of the charge.

24. Payment Terms

Unless otherwise stated, standard payment terms are Net 30 days from invoice date, subject to credit approval.

K Tooling LLC may require deposits, partial prepayment, payment in advance, or alternative payment arrangements based on order size, material commitments, tooling, credit history, or other reasonable commercial factors.

Past-due balances may be subject to a finance charge of 1.5% per month (18% annually) or the maximum amount permitted by applicable law, whichever is less.

25. Invoice Review & Payment Disputes

Customers should promptly review invoices against applicable purchase orders, packing slips, and supporting documentation.

K Tooling LLC maintains applicable records that may include packing slips, tracking information, material certifications, Certificates of Conformance, and inspection records.

Questions or discrepancies should be brought to K Tooling LLC's attention promptly.

An invoice dispute does not automatically suspend or extend the original payment due date unless otherwise agreed in writing.

Duplicate invoice copies may occasionally be generated through normal accounting procedures. A duplicate invoice does not represent an additional charge.

26. Credit Holds, Setoffs & Collection

If an account becomes delinquent, K Tooling LLC may suspend purchasing, production, outside processing, shipment, or acceptance of additional orders.

A delinquent balance on one invoice or purchase order may result in a credit hold affecting all open orders and shipments associated with the customer's account.

Unless otherwise required by applicable law or an accepted written agreement, customers may not deduct chargebacks, penalties, unrelated disputes, or other amounts from sums properly due without K Tooling LLC's written agreement.

To the extent permitted by law, customers may be responsible for reasonable collection costs, court costs, collection agency fees, and attorneys' fees associated with delinquent balances.

27. Cancellations, Holds & Order Changes

Accepted orders may not be cancelled, placed on hold, reduced, or materially changed without written approval from K Tooling LLC.

When such changes are approved, the customer remains responsible for applicable costs and commitments already incurred, including material, labor, programming, engineering, tooling, fixtures, setup, outside processing, subcontractor commitments, work in process, completed product, and storage.

28. Tooling, Programming & Customer Property

Unless otherwise expressly agreed, K Tooling LLC retains ownership of its manufacturing methods, CNC programs, programming methods, setup information, process documentation, tooling concepts, techniques, and manufacturing know-how.

Payment of programming, setup, engineering, tooling, or fixture charges does not automatically transfer K Tooling LLC proprietary manufacturing information.

K Tooling LLC will exercise reasonable care when handling customer-owned material, tooling, fixtures, gauges, samples, equipment, or other property but does not act as an insurer of such property.

Long-term storage charges may apply to inactive customer-owned tooling or property after appropriate notice.

29. Intellectual Property & Confidentiality

Customers retain ownership of customer-provided drawings, designs, CAD models, specifications, and proprietary technical information.

The customer represents that it has the right to provide such information for manufacturing purposes.

The customer grants K Tooling LLC a limited right to use such information as reasonably necessary to quote, manufacture, inspect, subcontract permitted processes, document, and deliver the customer's products.

K Tooling LLC will use reasonable measures to protect customer confidential information.

If a separate NDA or confidentiality agreement exists, that agreement will control to the extent of any conflict.

30. Compliance, Export Controls & Cybersecurity

Customers must clearly identify applicable requirements involving:

• ITAR;

• EAR;

• DFARS;

• Controlled Unclassified Information (CUI);

• NIST SP 800-171;

• CMMC;

• export-controlled data;

• sanctions; or

• other regulatory requirements

before quotation and order acceptance.

Controlled information must be properly identified and marked.

K Tooling LLC does not assume that ordinary commercial drawings constitute CUI unless applicable requirements are properly identified.

K Tooling LLC may refuse or suspend work where performance would violate applicable law, sanctions, export restrictions, or regulatory requirements.

31. Records, Traceability & Right of Access

Manufacturing, inspection, certification, and quality records will be retained according to K Tooling LLC's Quality Management System, applicable regulatory requirements, and customer-specific requirements accepted at order entry.

Special record-retention, traceability, approved-source, or counterfeit-prevention requirements must be identified before order acceptance.

Requests for archived or duplicate documentation outside the original order scope may result in reasonable retrieval or processing charges.

When contractually or legally required, K Tooling LLC will provide reasonable coordinated access to applicable facilities and records while protecting confidential information belonging to K Tooling LLC and other customers.

32. Taxes, Tariffs & Government Charges

Unless expressly included in the quotation, customers are responsible for applicable taxes, tariffs, duties, import/export fees, governmental surcharges, and similar assessments.

Material changes in such costs may result in equitable price adjustment where permitted by applicable law and agreement.

33. Limitation of Liability

To the fullest extent permitted by applicable law, K Tooling LLC will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, lost production, loss of use, downtime, or business interruption.

K Tooling LLC is not responsible for losses caused by customer-provided designs, specifications, materials, improper handling, storage, installation, misuse, subsequent modifications, or use outside the intended application.

Except where prohibited by law or expressly agreed otherwise, K Tooling LLC's total liability relating to an order will not exceed the amount paid or payable for the specific products giving rise to the claim.

34. Force Majeure

K Tooling LLC will not be liable for delays or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, war, government action, labor disruptions, transportation interruptions, utility failures, material shortages, supply-chain disruptions, epidemics, pandemics, or similar events.

Affected delivery dates may be reasonably extended.

35. Governing Law

These Terms and resulting transactions are governed by the laws of the State of New York, without regard to conflict-of-law principles.

The parties are encouraged to attempt in good faith to resolve disputes through direct communication before commencing formal proceedings.

Any specific arbitration, venue, or other formal dispute-resolution requirement must be established in an applicable written agreement.

36. General Contract Provisions

Failure by K Tooling LLC to enforce a provision on one occasion does not waive its right to enforce that provision in the future.

If any provision is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.

Electronic quotations, purchase orders, approvals, acknowledgments, and other written communications may be treated as valid written communications to the extent permitted by law.

These Terms are intended for K Tooling LLC and its customer and do not create rights for unrelated third parties unless expressly stated.

37. Entire Agreement

The applicable K Tooling LLC quotation, order acknowledgment, these Terms and Conditions, accepted customer technical requirements, and any separately negotiated written agreement constitute the agreement governing the applicable order.

No oral statement, prior communication, customer boilerplate term, supplier portal term, course of dealing, or other document modifies the agreement unless expressly accepted in writing by an authorized representative of K Tooling LLC.

Specific provisions stated on a K Tooling LLC quotation or order acknowledgment control over conflicting general provisions in these Terms for that specific order.

K Tooling LLC
Terms and Conditions of Sale