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POLICIES, TERMS, & CONDITIONS

Innovative Machine Solutions (IMS) reserves the right to amend its Policies, Terms, and Conditions at will and without notice. Contact your IMS representative to request a copy of the latest Policies, Terms, and Conditions via email at admin@ims-eng.net.

A. DURATION: Unless otherwise specified, all budgetary estimates shall be valid for a period of not more than thirty (30) days, and may be modified or withdrawn by IMS at any time prior to acceptance.

B. PAYMENTS:

CREDIT CARD: Unless otherwise specified by IMS management, Clients are required to pay by credit card for both products and services until NET TERMS are established. NET TERMS are for services only; therefore, credit card TERMS shall remain in effect for all parts orders. By submitting your credit card for products and/or services provided by IMS, you are agreeing to adhere to all objectives, plans, schedules, estimates, policies, terms and conditions stated therein.

Upon acceptance of this document, the Client is required to sign and date the estimate and submit a copy of the signed estimate and credit card form, for the total estimated amount, prior to IMS proceeding with the purchase and/or execution of IMS provided products and/or services.

If accounts are delinquent, fraudulent, and/or cancelled for any reason, IMS reserves the right to suspend all orders until otherwise specified, and immediately proceed to collections through legal counsel. The Client shall remain solely responsible for the original invoice amount, all late fees, and all legal fees incurred throughout the duration of the collections process. IMS shall report all unsatisfactory conduct to both the Better Business Bureau (BBB) and Dun and Bradstreet (D&B) until the original invoice and all fees and expenses are paid in full.

TERMS: All Clients are required to submit credit references and bank information to begin the vetting/eligibility process; IMS shall verify references and account information as efficiently as possible. Upon approval, IMS will establish an account and honor net terms with a credit limit until otherwise specified. By submitting your purchase order/s for products and/or services provided by IMS, the Client agrees to adhere to all objectives, plans, schedules, estimates, policies, terms and conditions as stated herein.

NET 15 DAY TERMS: Upon acceptance of this document, the Client is required to sign and date the estimate, and submit a copy of the signed estimate and purchase order prior to IMS proceeding with the purchase and/or execution of IMS provided products and/or services. The full amount due including but not limited to additional fees, freight charges, etc. shall be paid in full within fifteen (15) days of the invoice date.

If payments are not received and paid in full by the fifteenth (15th) day, a one and one-half percent (1.5%) late fee shall be added to the original invoice amount on the sixteenth (16th) day, and a new invoice, including late fees, shall be submitted by IMS to the Client for payment. The late fee will compound and accumulate every ten (10) days thereafter until the original invoice amount and all late fees are paid in full.

If accounts are delinquent more than thirty-five (35) days, IMS reserves the right to suspend all work until otherwise specified, and immediately proceed to collections through legal counsel. The Client shall remain solely responsible for the original invoice amount, all late fees, and all legal fees incurred throughout the duration of the collections process. IMS shall report all unsatisfactory conduct to both the BBB and D&B until the original invoice and all fees and expenses are paid in full.

NET 30 DAY TERMS: Upon acceptance of this document, the Client is required to sign and date the estimate, and submit a copy of the signed estimate and purchase order prior to IMS proceeding with the purchase and/or execution of IMS provided products and/or services. The full amount due including but not limited to additional fees, freight charges, etc. shall be paid in full within thirty (30) days of the invoice date.

If payments are not received and paid in full by the thirtieth (30th) day, a one and one-half percent (1.5%) late fee shall be added to the original invoice amount on the thirty-first (31st) day, and a new invoice, including late fees, shall be submitted by IMS to the Client for payment. The late fee will compound and accumulate every ten (10) days thereafter until the original invoice amount and all late fees are paid in full.

If accounts are delinquent more than fifty (50) days, IMS reserves the right to suspend all work until otherwise specified, and immediately proceed to collections through legal counsel. The Client shall remain solely responsible for the original invoice amount, all late fees, and all legal fees incurred throughout the duration of the collections process. IMS shall report all unsatisfactory conduct to both the BBB and D&B until the original invoice and all fees and expenses are paid in full.

50/50 NET 15 DAY TERMS: Upon acceptance of this document, the Client is required to sign and date the estimate, and submit a copy of the signed estimate, purchase order, and down payment for fifty-percent (50%) of the total estimated amount prior to IMS proceeding with the purchase and/or execution of IMS provided products and/or services. The remaining fifty percent (50%) including but not limited to additional fees, freight charges, etc. shall be paid in full within fifteen (15) days of the invoice date.

50/50 NET 15 DAY TERMS: Upon acceptance of this document, the Client is required to sign and date the estimate, and submit a copy of the signed estimate, purchase order, and down payment for fifty-percent (50%) of the total estimated amount prior to IMS proceeding with the purchase and/or execution of IMS provided products and/or services. The remaining fifty percent (50%) including but not limited to additional fees, freight charges, etc. shall be paid in full within fifteen (15) days of the invoice date.

If payments are not received and paid in full by the fifteenth (15th) day, a one and one-half percent (1.5%) late fee shall be added to the original invoice amount on the sixteenth (16th) day, and a new invoice, including late fees, shall be submitted by IMS to the Client for payment. The late fee will compound and accumulate every ten (10) days thereafter until the original invoice amount and all late fees are paid in full.

If accounts are delinquent more than thirty-five (35) days, IMS reserves the right to suspend all work until otherwise specified, and immediately proceed to collections through legal counsel. The Client shall remain solely responsible for the original invoice amount, all late fees, and all legal fees incurred throughout the duration of the collections process. IMS shall report all unsatisfactory conduct to both the BBB and D&B until the original invoice and all fees and expenses are paid in full.

50/50 NET 30 DAY TERMS: Upon acceptance of this document, the Client is required to sign and date the estimate, and submit a copy of the signed estimate, purchase order, and down payment for fifty-percent (50%) of the total estimated amount prior to IMS proceeding with the purchase and/or execution of IMS provided products and/or services. The remaining fifty percent (50%) including but not limited to additional fees, freight charges, etc. shall be paid in full within thirty (30) days of the invoice date.

If payments are not received and paid in full by the thirtieth (30th) day, a one and one-half percent (1.5%) late fee shall be added to the original invoice amount on the thirty-first (31st) day, and a new invoice, including late fees, shall be submitted by IMS to the Client for payment. The late fee will compound and accumulate every ten (10) days thereafter until the original invoice amount and all late fees are paid in full.

If accounts are delinquent more than fifty (50) days, IMS reserves the right to suspend all work until otherwise specified, and immediately proceed to collections through legal counsel. The Client shall remain solely responsible for the original invoice amount, all late fees, and all legal fees incurred throughout the duration of the collections process. IMS shall report all unsatisfactory conduct to both the BBB and D&B until the original invoice and all fees and expenses are paid in full.

50/30/20 NET 15 DAY TERMS: Upon acceptance of this document, the Client is required to sign and date the estimate, and submit a copy of the signed estimate, purchase order, and down payment for fifty-percent (50%) of the total estimated amount prior to IMS proceeding with the purchase and/or execution of IMS provided products and/or services. The thirty percent (30%) progress payment including but not limited to additional fees, freight charges, etc. shall be paid in full upon receipt of the invoice. The remaining twenty percent (20%) including but not limited to additional fees, freight charges, etc. shall be paid in full within fifteen (15) days of the invoice date.

If payments are not received and paid in full by the fifteenth (15th) day, a one and one-half percent (1.5%) late fee shall be added to the original invoice amount on the sixteenth (16th) day, and a new invoice, including late fees, shall be submitted by IMS to the Client for payment. The late fee will compound and accumulate every ten (10) days thereafter until the original invoice amount and all late fees are paid in full.

If accounts are delinquent more than thirty-five (35) days, IMS reserves the right to suspend all work until otherwise specified, and immediately proceed to collections through legal counsel. The Client shall remain solely responsible for the original invoice amount, all late fees, and all legal fees incurred throughout the duration of the collections process. IMS shall report all unsatisfactory conduct to both the BBB and D&B until the original invoice and all fees and expenses are paid in full.

50/30/20 NET 30 DAY TERMS: Upon acceptance of this document, the Client is required to sign and date the estimate, and submit a copy of the signed estimate, purchase order, and down payment for fifty-percent (50%) of the total estimated amount prior to IMS proceeding with the purchase and/or execution of IMS provided products and/or services. The thirty percent (30%) progress payment including but not limited to additional fees, freight charges, etc. shall be paid in full upon receipt of the invoice. The remaining twenty percent (20%) including but not limited to additional fees, freight charges, etc. shall be paid in full within thirty (30) days of the invoice date.

If payments are not received and paid in full by the thirtieth (30th) day, a one and one-half percent (1.5%) late fee shall be added to the original invoice amount on the thirty-first (31st) day, and a new invoice, including late fees, shall be submitted by IMS to the Client for payment. The late fee will compound and accumulate every ten (10) days thereafter until the original invoice amount and all late fees are paid in full.

If accounts are delinquent more than fifty (50) days, IMS reserves the right to suspend all work until otherwise specified, and immediately proceed to collections through legal counsel. The Client shall remain solely responsible for the original invoice amount, all late fees, and all legal fees incurred throughout the duration of the collections process. IMS shall report all unsatisfactory conduct to both the BBB and D&B until the original invoice and all fees and expenses are paid in full.

AUTOMATED CLEARING HOUSE TRANSACTIONS: For your convenience, IMS accepts Automated Clearing House (ACH) transactions for products and/or services payments.

C. SALES TAX: The Client is responsible for paying any and all city, county, state, and federal sales tax; moreover, exchange, import, and export taxes and tariffs. A resale certificate can be submitted in advance of the sale, although it will not be accepted after the sale for a refund.

D. OWNERSHIP: IMS shall remain the sole owner of all parts and equipment loaned and/or sold until payment in full is received and processed.

E. CORE CHARGE: The Client is susceptible to core charge credits and/or fees. If a core is not returned within five (5) business days, IMS shall reserve the right to charge the Client for the full amount of the merchandise.

F. FREIGHT: Freight is not included in the aforementioned budgetary estimate. If the Client does not provide an account number and/or shipping instructions, IMS shall ship merchandise via UPS 3 day and charge the Client for all associated costs upon completion of order, i.e., the final invoice.

G. CHANGE ORDERS: Additional requests for parts and/or services including but not limited to the discovery of worn and/or damaged parts shall be deemed outside the scope of this document. In the event of such requests/discoveries, IMS will obtain Client approval prior to commencing with additional work and/or purchases not stated herein. IMS shall require a copy of either an amended or new purchase order, with additional funding, prior to commencing with additional work and/or purchases.

H. CANCELLATIONS: If the Client suspends or cancels the project for any reason, IMS shall reserve the right to bill the Client for accrued time and materials using our most current rates and fee structure. The final invoice shall be paid in full in accordance with the, “PAYMENTS,” section of this document.

IMS shall reserve the right to withdraw all liabilities, without notice and at will, if any of the following events occur:

• Access to the work site is prohibited.
• Correspondence from the Client ceases electronically, verbally, or in written form.
• An unsafe work environment that may result in injury or death including but not limited to exposure, electrical shock, electrical arc-flash, etc.
• The Client has not met and/or adhered to one or more of the policies, terms, and conditions stated herein.
• Unrealistic delays that negatively impact the project, schedule, budget, and/or resources.

I. WARRANTY POLICY: IMS stands behind its work; in fact, we strive for excellence in Client satisfaction. This warranty policy has been established and posted herein to cover all products and services sold by IMS. IMS management shall reserve the right to determine the outcome of all disputes, and may waive any costs or fees that are deemed legitimately reasonable.

• PARTS WARRANTY: IMS designed, manufactured, and installed parts carry a one (1) year warranty. Factory warranties and return policies apply to all OEM commodities purchased from IMS. The Client is solely responsible for all costs and fees including but not limited to the total cost, restocking fees, freight fees, etc.
• LABOR WARRANTY: A one (1) year onsite labor warranty covers work performed by IMS and its contractors; nonetheless, travel expenses and non-labor expenses are not covered under this labor warranty policy. A credit card is required to cover travel expenses and non-labor expenses for IMS to commence labor warranty requests.

J. LABOR CHARGES: IMS labor rates are subject to change without notice. Contact your IMS representative to request a copy of the latest labor rates for your area at sales@ims-eng.net.

• MINIMUM SERVICE CHARGE: IMS shall charge a minimum of two (2) hours for onsite repair services.
• STANDARD RATES: Standard rates apply to all onsite work performed by IMS technical personnel Monday through Friday 7AM – 3:30PM.
• OVERTIME RATES: Overtime rates apply to all onsite work performed by IMS technical personnel Monday through Friday 3:30PM – 8PM.
• DOUBLE-OVERTIME RATES: Double-overtime rates apply to all onsite work performed by IMS technical personnel Monday through Friday 8PM – 7AM, Sunday 7AM – 3:30PM, and Holidays 7AM – 3:30PM.
• PRIMARY TECHNICIAN: A primary technician will be assigned to the project and will be responsible for communicating directly with the Client and Client personnel to repair, upgrade, and/or modify specified equipment onsite.
• SECONDARY TECHNICIAN/S: A secondary technician/s may be required to safely and successfully complete the project. As such, the secondary technician/s will be billed at a reduced rate; moreover, responsible for communicating directly with the primary technician to assist in repairing, upgrading, and/or modifying specified equipment onsite.

K. TRAVEL CHARGES: IMS shall charge the Client for all travel expenses including but not limited to tolls, parking, ferry, taxi, air fare, rental vehicle, fuel, etc. Per Diems, i.e., lodging, meals, and incidental expenses, are generally billed to the Client according to the U.S. GSA per diem rates posted at http://www.gsa.gov/.

IMS shall charge the Client, per technician, for travel time portal-to-portal (roundtrip), and per mile, per vehicle. Travel is based on our most current travel rates, and our mileage rates are based on that of the most current U.S. GSA mileage rates posted at http://www.gsa.gov/.

L. LIABILITY: The Client is solely responsible for all preexisting worn and/or damaged parts pertaining to the equipment. As such, IMS and its contractors shall remain indemnified from all liabilities pertaining to preexisting worn and/or damaged parts of the equipment including but not limited to mechanical and/or electrical failures that may result in damage, loss of time/production, and/or bodily harm.

M. EQUIPMENT CONDITION: Within reason, the equipment is required to be well maintained and in good working condition. The Client is required to disclose the condition of the equipment prior to accepting the policies, terms, and conditions of this document. If the equipment is later deemed inadequately maintained and/or inoperable, IMS shall reserve the right to charge the Client for time and materials overages resulting from undisclosed information.

IMS requires that the machine be free of all tools, fixtures, parts, attachments, clamps, etc. prior to our arrival, or IMS shall reserve the right to charge the Client for time and materials overages as required.

N. PARTS & CONSUMABLES: Unless otherwise specified, the Client is required to provide IMS with the necessary parts and consumables for maintaining the equipment. If the Client is unable to provide the necessary parts and consumables in advance, or in a timely manner, IMS shall reserve the right to charge the Client for time and materials overages for any and all labor, and parts and consumables purchased by IMS.

O. WASTE MANAGEMENT: The Client is required to provide IMS with the necessary NFPA/EPA compliant containers for solid and liquid waste removal and storage. The Client shall remain solely responsible for all waste management, spills, coordination, and disposal.

P. INFORMATION: The Client is required to provide IMS with the necessary OEM documentation, procedures, software, and tooling to adequately maintain and/or repair the equipment. The Client is further responsible for providing direct access to the OEM and/or dealer to obtain customer service support throughout the project. If the Client is unable to provide the aforementioned information in advance, or in a timely manner, IMS shall reserve the right to charge the Client for time and materials overages as required.

Q. PROGRAM DEVELOPMENT & MAINTENANCE: Program Development & Maintenance fees are directly related to the development and maintenance of the MTM program via administrative, management, and technical resources. First annual baseline programs require the Client to pay for program development fees, i.e., equipment inventory, consumables list development, NC program development, and MTM checklist development. The development fee is removed from subsequent annual programs, although the maintenance fee shall remain.