It is generally recognized that even after employing all the science known to us, and having capable men with years of training, there will remain variables in the electroplating grinding and metal finishing fields. Therefore, in order to avoid misunderstandings, the National Association of Metal Finishers and United Surface Finishing Corp., have reinstated the following Terms and Conditions as the custom and usage of the trade.
We warrant that processing and finishing shall meet customer’s specification as supplied in writing with the order and that such processing and finishing shall be free from defect in material or workmanship. If the customer specifies methods and procedures to be followed, we will assume no responsibility for the correctness of such methods and procedures or the result when they are followed. The warranties of merchantability and fitness for a particular purpose are hereby expressly made non-applicable.
Our liability for any cause is limited to the cost of direct labor and material of product loss or directly damaged by our processing or two times our processing charges on such material, whichever is the lesser. Our charges are based on this policy limiting liability.
No claim for shortage in weight or count will be allowed, unless presented in writing or mailed within ten (10) working days after receipt of material or merchandise by the customer or the customer’s consigned to whom delivered, provided however, a shrinkage of quantity in processing of five percent (5%) shall be allowed without charge of liability.
Any material of merchandise found, upon our inspection, to be improperly processed by us will be furnished with out charge provided.
That notice of defect is given in writing within thirty (30) working days from the date of delivery.
That we are given the opportunity to inspect the material or merchandise prior to return.
That materials or merchandise returned are in the same condition as when originally delivered to us.
Processing or assembly of any such rejects by you or any other party shall constitute a waiver of any liability on our part.
We assume no liability for any loss or damage to merchandise or material while in transit to or from our factory, whether in trucks or vehicles owned by United Surface Finishing Corp., the customer, or any third party acting in our customer’s behalf.
In the event that results of metal finishing operations are unsatisfactory due to metal imperfections, changes in grade or composition of materials, manufacturing and/or fabrication imperfections, usage’s for which the plating or other finishing operation was not reasonably designed, and similar variables over which we have no control, the customer will be required to pay the contracted amount for the finishing operation performed.
We reserve the right, at our option, either to reject work or to make an extra charge for finishing any base metal below our agreed standard.
We assume no responsibility for defective plating, grinding, or other finish on materials or merchandise previously plated or finished by others.
We shall not under any circumstances, be considered as an insurer of customer’s material or merchandise and shall not be liable, regardless of cause, or loss by fire, explosion, or theft, pilferage, vandalism, casualty or acts of God while such material or merchandise is in our possession. The provisions of this section may be altered or modified by separate charge for such coverage.
Quotations are open for acceptance thirty (30) days from issuance. After thirty (30) days, prices and terms are subject to change without notice, unless otherwise specified.
All quotations, orders, or agreements, or modifications thereof, are contingent upon and subject to any and all occurrences beyond our control, including but not limited to strikes or boycotts (whether occurring at our factory, your plant or factory, the plant or factory of any supplier, either of the customer or of ourselves or elsewhere), accidents, thefts, fire, war, shortage of materials, or equipment, casualty, or acts of God, and we shall be liable for failure to perform any agreement for such causes.
For such special or experimental processing, and finishing, our charges are not contingent upon the success of the work or the benefit derived therefrom by the customer.
Deliveries made by us within ten (10) days of the time specified shall be deemed in full compliance with out agreement. We reserve the right to make partial or installment deliveries, for which the customer shall pay the contract price. Defective delivery or non-delivery with respect to any installment or partial delivery under this contract shall be a severable breach and shall not give the customer the right to treat the entire contract as breached.
Special tools, racks, and fixtures required for the performance of the work herein described which have been designed and/or built by us shall be and remain our property whether or not the customer is charged with the time and/or material in connection therewith.
In the event of customer’s cancellation of order, the customer shall reimburse us for the work completed and work in process and for tooling and engineering expenses incurred in connection with such order.
All customer’s merchandise in our possession shall be subject to a general lien for all monies owing by the customer to us, whether or not due or payable, and whether or not such monies are owing to us for work, labor or services rendered, or material or equipment used in connection with such merchandise.
During storage and transportation of customer’s material or merchandise, customer’s containers used for delivery to us shall be used for reshipment and any damage resulting from the use of such containers shall be at the customer’s risk. Should customer desire other packaging or containers, we will charge for material and handling and will provide such service upon receipt of a written order.
Invoices unpaid on due date shall be considered delinquent and there after subject to a FINANCE CHARGE computed by a single monthly periodic rate of 1-1/2% being an ANNUAL PERCENTAGE RATE OF 18%.
The provisions of the Uniform commercial Code shall govern unless these Terms and Conditions provide to the contrary and all interpretation of the terms of the transaction between the parties shall be governed by the laws of our state of domicile.
The provisions hereof constitute the entire agreement between the parties. Any changes, alterations, waivers, or modifications, with respect either as the job performed or the terms of sale, or any other matter set forth herein must be in writing and signed by a duly authorized representative of our company. These terms and conditions shall apply to this and any future order of agreement for the processing of any materials or merchandise.
The customer agrees not to use or disclose any information to a third person that it now has or may hereafter acquire concerning racking, fixturing, chemical processes or procedures we use in our metal finishing process concerning the items disclosed herein, which are the subject matter of this order. If the customer violates any of the terms herein provided, the customer shall pay the seller damages.
“Any controversy or claim arising out of or relating to this contract, or the breach thereof shall be settled by arbitration in accordance with the Rules of the American Arbitration Association and judgement upon the award rendered by the Arbitrator (s) in a Stark County Court.”
The Standard Terms and Conditions of Sale have been accepted as the standard practices of the industry by the National Association of Metal finishers.