STATEMENT OF POLICY
AND TERMS
This offer is made solely on the terms and conditions stated in this
Statement of Policy and Terms and no others.
Buyers
acceptance of this Statement of Policy and Terms is limited to the.terms and conditions of this Statement of Policy and
Terms, Any additional or different terms or conditions proposed by Buyer shall
not become a part of this Statement of Policy and Terms. Seller hereby objects to any proposed changes.
In the event of any inconsistency between the terms and conditions of
this Statement of Policy and Terms and the provisions of any purchase order or
other document submitted by Buyer, the terms and conditions of this Statement
of Policy and Terms shall control.
It is generally
recognized that even after employing all science known to us and employing
experienced platers, there still remain hazards in
the metal finishing industry. Since the questions of liability are easier to
discuss before problems occur, rather than after, our liability is as follows:
NON-REWORKABLE HARDWARE: Many parts
that are plated, such as molds, dies, aerospace hardware, continuous reeI-to- reeI stampings,
intricate machined parts, etc., are valued at much higher prices than the cost
of plating. In most instances, Metal Surfaces,
Inc. (MSI) is not made aware of this value, so we do not take it into
consideration when quoting. MSI feels it
is not practical to assume liability for an item whose cost is
disproportionately greater than the charge for the service performed. Therefore, our liability is limited to three
(3) times the cost of processing with non-precious metals, one (1) times the
cost of processing with precious metals, or the unburdened direct cost of the
part(s), whichever is lesser. Liability
in excess of this policy will be assumed by us only when agreed upon, in
writing, prior to processing. In such an event, a higher charge may be made for
our services to cover the extra liability.
STRIPPING:
Stripping, by its nature, is dangerous because an attack to the base metal may
occur. MSI will take every precaution necessary to strip your parts
successfully, without damage. However, be
aware that the process is performed only on a “no responsibility” basis, and
the customer must be responsible for the stripping charges. This applies only
to parts stripped at the customer’s request. If parts are stripped due to MSI error, our
standard liability, as stated above, applies.
DISCREPANT ORDERS: MSI requires notification on all discrepant and potentially discrepant
orders within ten (10) working days. Rejected parts must be returned to us for
rework. Further processing or assembly
of rejected parts, material, etc., by you or any other party shall constitute a
waiver of any liability on our part.
COUNT DISCREPANCY; Due to variations
in methods of counting, MSI requires up to 2% variance in count. If our
incoming count exceeds this number in either direction, you will be notified. If,
upon receipt, a count discrepancy is found, MSI requires notification within
ten (10) working days. MSI reserves the
right to send a salesperson to your facility to verify count. On continuous reel-to-reel parts, due to setup
requirements, the 2% variance is applicable to quantities in excess of
1,000,000 pieces only. Quantities of less than 1,000,000 are to be
negotiated.
Upon receipt of
orders with detailed instructions as to treatment, MSI’s
responsibility shall end with the carrying out of those instructions. Type of
material, tolerances and specification for processing shall be declared in
writing prior to our processing.
Where
operations or processes performed by MSI are in the nature of “salvaging” parts
or material, the work is accepted on a “best effort basis”. MSI accepts no
liability unless previously agreed upon, in writing, prior to processing the
job.
Results of
metal finishing operations could be unsatisfactory due to imperfections,
manufacturing and/or fabrication flaws or usage for which the plating operation
was not reasonably designed. Due to these variables over which we have no
control, the customer is expected to pay the contracted amount for the service
performed.
We are sure you
will agree with us that the conditions above set forth are realistic and
reasonable. Acceptance of material for
processing subject to such conditions will permit us to continue to provide
quality metal finishing at an economical price. Placing of orders with MSI and/or failure to
object in writing to terms and conditions hereof within 10 days after receipt
of this policy shall be conclusively presumed to include your acceptance of our
limitation of liability and other provisions herein set forth.
If you have any
concerns or questions regarding this policy, please contact our Manager of
Sales and Marketing to discuss them prior to processing.
______________________ Signature of principal