1. 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. 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 nonapplicable.
2. 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 limited liability policy.
3. No claim for shortage in weight or count will
be allowed unless made in writing and presented or mailed within
ten (10) working days after receipt of materials by the customer
or the customer's consignee, provided however, a shrinkage of quantity
in processing of five percent (5%) shall be allowed without charge
or liability.
4. Any material found, upon our inspection, to be
improperly processed by us will be furnished without charge provided
that:
a) that notice of defect is given in writing within
ten (10) days from the date of delivery,
b) that we are given the opportunity to inspect the material or
merchandise prior to return,
c) that materials 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.
5. We assume no liability for any loss or damage
to material while in transit to our factory, whether in vehicles
owned by the customer or any third person acting in our or the customer's
behalf.
6. 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 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.
7. We reserve the right, at our opinion, to reject
work or to make an extra charge for finishing any base metal below
our agreed standard.
8. We assume no responsibility for defective plating,
anodizing, or other finish on materials previously plated or finished
by others.
9. We shall not under any circumstances be considered
as an insurer of customer's material and shall not be liable, regardless
of cause, for loss by fire, explosion, theft, pilferage, vandalism,
casualty or acts of God while such material 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.
10. Quotations are open for acceptance ninety (90)
days from issuance. After ninety (90) days, prices and terms are
subject to change without notice, unless otherwise specified.
11. 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), accident, thefts, 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.
12. For special or experimental processing and finishing,
our charges are not contingent upon the success of the work of the
benefit derived there from by the customer.
13. We reserve the right to make partial or installment deliveries,
for which the customer shall pay at the contract price. Defective
delivery or nondelivery under this contract shall be a severable breach
and shall not give the customer the right to treat the entire contract
as breached.
14. Special tools, racks, and fixtures required
for the performance of the work herein described which have been
designed and/or built by Hillock Anodizing, Inc. shall remain our property whether
or not the customer is charged with time and/or material in connection
therewith.
15. The customer agrees not to use or disclose any
information to a third party that it now has or may acquire concerning
racking, fixturing, chemical processes or procedures we use in our
metal finishing. If the customer violates any of the terms herein
provided, the customer shall pay the seller damages.
16. Rack marks will be permissible and unless specifically
directed otherwise and are left up to Hillock Anodizing, Inc.'s discretion as to
the number, size, and location.
17. 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.
18. All customer's materials in our possession shall
be subject to a general lien for all monies owed us by the customer,
whether or not due or payable, and whether or not such monies are
owed us for work, labor or services rendered, or materials or equipment
used in connection with such material.
19. During storage and transportation of customer's
material, customer's containers used for delivery to Hillock Anodizing, Inc. 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, we will charge for material and handling
and will provide such service upon receipt of a written order.
20. Invoices unpaid on due date shall be considered
delinquent and thereafter subject to a FINANCE CHARGE computed by
a single monthly periodic rate of 1.5% being an annual percentage
rate of 18%.
21. The provisions 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 and construed in accordance with the laws of the
State of Pennsylvania.
22. The provisions hereof constitute the entire
agreement between the parties. Any changes,
alterations, waivers, or modifications with respect either to 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 or agreement for the processing of any materials.