Standard Terms and Conditions of Sale
- Quotations are open for acceptance thirty (30) days from issuance. After thirty days, price 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 or required standard.
- We assume no liability for any loss due to defective finish or damages on used parts, unknown or mixed material with a difference in composition subject to damages during process. Such defective merchandise will be returned to customer for refinishing or, at our potion, 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 therefrom by the customer.
- We assume no liability for any loss of 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 and 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 material furnished by customer is suitable or fit for processing and finishing.
No claim will be allowed for shrinkage, expansion, deformity, rupture, or other alteration 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 of 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. Should we notify you of our inability 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 pay at 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 purchaser the right to read the entire contract as breached.
Any cancellation of order by customer shall be valid and effective only if accompanied by 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.
All customers 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.
Special tools, racks and fixtures required for the performance of the work described herein designated and built by us shall be and remain our property whether or not customer is charged for time and/or material in connection herewith.
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 customer 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, alterations, waivers or modifications with respect either with respect either as to the job performed or the terms of sale, or any other matter set forth herein must be in writing, signed by a duly authorized representative of the company. These terms and conditions shall apply to any other or agreement for the processing of any materials or merchandise.
These Standard Terms and Conditions of Sale have been accepted as standard practices of the industry by the National Association of Metal Finishers. Seller represents that with respect to the production of the articles and/or the performance of the services covered by this invoice, it has fully complied with the provisions of the Fair Labor Standards Act of 1938, as amended.
- 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 found upon inspection by us to be defective in workmanship or material will be refinished by us without charge upon delivery to us FOB our plant, 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, express or implied. Our liability for any loss or damage of any nature, including without limit, direct, indirect any consequential damage, is limited to the customer's cost of the material or merchandise or our processing and finishing price for such material, which ever amount is the lesser.
- Applicable law: Attorney's Fees in the event of Dispute – This order shall be construed according to the laws of the State of Florida, without regard to conflicts of laws principles. The courts of the State of Florida and Orange County, Florida or in The United States District Court for the southern district of Florida will have exclusive jurisdiction over any dispute arising hereunder. The prevail party in any litigation arising hereunder will be entitled to recover its reasonable costs thereof, including, without limitation, attorneys' fees and expenses.
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