Quotations are valid for sixty (60) days from issuance. After sixty days prices and terms are subject to change without notice.
We reserve the right, at our option, either to reject work or to make an extra charge for finishing any base metal below our required standard.
We assume no responsibility for defective plating or other finish on materials or merchandise previously plated or finished by others. Such defective merchandise will be returned to customer for refinishing or, at our option stripped and refinished in our plant at customer’s expense.
In special or experimental processing and finishing, our charges are not contingent upon the success of the work or the benefit derived by the customer. Any new customer wishing to open an account will be required to provide one bank and three trade references.
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 us, the customer, or any third person acting in our or the customer’s behalf, or for any loss of or damage to said merchandise or materials while the same are in our possession for any cause whatsoever, including, but not limited to theft, fire, casualty or act of God.
We warrant that 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 or workmanship. When customer specifies methods and procedures to be followed, we shall comply whether or not the desired result is indicated. We assume no responsibility for the correctness of such methods and procedures or the result when they are followed. We do not warrant that the material finished by customer is suitable or fit for processing and finishing.
No claim for shortage in weight or count, or defect in quality, whether latent or patent, will be allowed unless presented in writing by certified mail within three (3) working days after receipt of material by the customer or the customer’s consignee to whom it is delivered, the customer hereby expressly assuming the risk of discovering such shortage or defect within such time. Any material will be refinished by us without charge provided that such materials are returned in the same condition as when originally shipped by us.
This warranty is expressly in lieu of all other warranties expressed or implied. Our liability for any loss or damage of any nature including, without limit, direct, indirect and consequential damage, is limited to the customer’s cost of the material or merchandise or our processing and finishing price for such material, whichever amount is the lesser.
No claim will be allowed for shrinkage, expansion, deformity, rupture or other altercation of material in finishing, nor for breakage in straightening, except by special separate written agreement.
All quotations, orders or agreements, or any 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 ourselves, or elsewhere ) accidents, theft, fires, war, shortage of materials, or equipment, casualty, or acts of God, and we shall not be liable for failure to perform any agreement for such causes you are required at your own risk and responsibility, and at your own cost and expense, to pick up at our factory the raw, finished or unfinished materials which we have, belonging to you.
Deliveries made by us within ten (10) days of the time specified shall be deemed in full compliance with our agreement. It is agreed that we shall have the right to make partial or installment deliveries, for which the customer shall pay at the contract price. Defective delivery or non delivery with respect to any installment or partial delivery under this contract shall be severable breach and shall not give the purchaser the right to treat the entire contract as breached.
Any cancellation of order by customer shall be valid and effective only in accompanied payment of an amount equal to twice the cost of actual labor and materials we have devoted to performance of the order, if any, plus ten percent of the total contract price. Such amount shall be as and for liquidated damages and not as a penalty.
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 to payable, and whether or not such monies are owing to us for work, labor or service rendered, or materials or equipment used in connection with such merchandise.
Special tools, racks and fixtures for the performance of the work described herein designated and built by us shall be a remain our property whether or not customer is charged for time and/or material in connection herewith.A tooling charge is not meant to imply that the customer becomes the owner of any tooling or appliance required to aid in metal finishing operations. The charge merely covers a nominal amount for labor and materials and does not include the cost of maintaining a materials stock or reflect the accepted mark-ups for such work.
The associated design work and any subsequent development work and modifications are considered to be of a proprietary nature. These services are rendered free of charge to our customers and any resulting tooling, appliances or racks are accordingly retained by us.
It is the policy of K&L Plating to only ship out bound UPS and Fed EX shipments collect. Any correspondence with UPS or Fed Ex relating to damages or claims will be limited to the customer.
During storage and transportation of customer’s material, customer’s containers used for delivery to us shall be used and any damage resulting from such containers shall be at the customer’s risk. Should customers desire other packaging or containers, we will charge for material and handling and will provide such service upon receipt of written order.
The provisions hereof constitute the entire agreement between the parties. Any changes, altercations, waivers or modifications will respect either as to the job performed or terms of sale, or any other matter set forth herein must be in writing, signed by duly authorized representative of the company. These terms and conditions shall apply to any order or agreement for the processing of any materials or merchandise.
These Standard Terms and Conditions of Sale have been accepted as standards practices of the Industry by the National Association of Metal Finishers.
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