Statement of Policy, Terms & Conditions
The members of the Metal Finishing Association of Southern California wish to remind you of the established practices of the metal finishing industry in processing your materials. These practices have been formalized by the members of this Association as a Statement of Policy.
It is generally recognized that even after employing all the science known to us, and capable men with years of training, there still remains hazards in the electroplating and metal finishing fields. As a consequence, in order to avoid misunderstandings, we are settling forth below the terms and conditions under which your material will be accepted by us for processing:
- We warrant that the processing and finishing shall meet customer’s specifications supplied in writing with the order and that such processing and finishing shall be free from defect in material and workmanship. If the customer specifies methods and procedures to be followed, we assume responsibility for the correctness of such methods and procedures or the result when they are allowed. In the absence of full disclosure by the customer of the use of material or parts to be processed and finished, we assume no liability for the subsequent failures or defects.
- Our liability for any cause is limited to (a) the cost of direct labor and material or product lost o directly damaged by our processing, or (b) two times our processing charges on such materials, whichever is the lesser. We shall not be liable, whether as the result of breach of contract, warranty (merchantability, fitness, or other), alleged negligence or otherwise, for special, consequential or incidental damages including, but not limited to, loss of profit or revenue, loss of use of the delivered materials or claims made against the customer for damages or penalties. Our charges are based on this policy-limiting liability.
- No claim for shortage in weight or count will be allowed unless made in writing presented or mailed within three (3) working days after receipt of material or merchandise by the customer or the customer’s consignee to whom it was delivered. However, a shrinkage of quantity in processing, of two percent (2%), and, in the case of reel-to-reel plating, five percent (5%), shall be allowed without charge or liability.
- Any material or merchandise found, upon our inspection to be improperly processed by us will be refinished without charge provided that:
- Notice of defect is given in writing within (10) working days from the date of delivery,
- We are given the opportunity to inspect the material or merchandise to return and,
- Materials or merchandise returned are in the same condition as when originally delivered by 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 facility, whether in trucks or vehicles owned by us, the customer or a third party acting in our, the customer’s or an agent acting on our customer’s behalf. The provisions of this section may be altered or modified by separate written agreement, and any liability we assume will be covered by separate charge for such coverage.
- In the event that the results of metal finishing operations are unsatisfactory due to metal imperfections, change in grade or composition of materials, manufacturing and/or fabricating imperfections, usages for which the plating or other finishing operation was not reasonably designed and similar variables over which we have no control, the customer would be required to pay the contracted amount for the finishing operation performed.
- We reserve the right, at our option, either to reject work, or make an extra charge for finishing any base metal below or agreed upon standard.
- We assume no responsibility for defective plating 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 materials or merchandise and shall not be liable, regardless of cause, for loss by fire, explosion, 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 written agreement, and any liability we assume will be covered by a separate charge for such coverage.
- Quotations are open for acceptance, thirty (30) days from the issuance. After thirty (30) days, prices and terms are subject to change without notice unless otherwise specified.
- All quotations, orders, 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 of any supplier to either the customer or ourselves, or elsewhere), accidents, thefts, fires, wars, shortage of materials or equipment, casualty or acts of God, we shall not be liable for failure to perform any agreement for such causes.
- For special 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 our agreement. We reserve the right to make partial or installment deliveries, for which the customer shall pay at the contract price. Defective delivery or nondelivery 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 cancellation of an order, the customer shall reimburse us for the work completed, the work in process and for tooling and engineering expenses incurred in connection with said order.
- All customer 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 materials or equipment used in connection with such merchandise.
- During storage and transportation of customer material or merchandise, the customer’s container used for delivery to us shall be used for reshipment, and any damage resulting from the use of such container’s risk. Should the customer desire other packaging or containers, we will charge material and handling and will provide such service upon receipt of a written order.
- The provision of the Uniform Commercial Code shall govern unless these Terms and Conditions provide to the contrary. All interpretation of the terms of the transaction between the parties shall be governed by the laws of our state domicile.
- A service charge may be added to the accounts not paid within (30) days to cover additional processing and carrying costs. If any legal action is necessary to enforce the terms of this agreement, the prevailing party shall be entitled to reasonable attorney gees in addition to any other relief to which it may be entitled.
- The provision hereof constitute the entire agreement between the parties. Any changes, alterations, waivers, or modifications with respect to either the job performed or the terms of sale, or to any other matter set forth herein, must be in writing and signed by the duly authorized representative of our company. These terms and conditions shall apply to this and any future order or agreement for the processing of any materials or merchandise.
We are sure you will agree with us that the conditions above set forth are realistic and reasonable and that acceptance of the material for processing subject to such conditions will permit us to continue to provide quality metal finishing at an economical price.