Customer Terms and Conditions For Working With Metal Finishing Technologies
1. Any new customer wishing to open an account will be required to provide one bank and three trade references.
2. Quotations are subject to acceptance within 45 days. After 90 days, prices and terms are subject to change without notice.
3. 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. Quotations on die cast parts are based on receiving parts made from smoothly polished dies, closely trimmed at the parting line, and free from chills or surface defects. No responsibility will be assumed for rejections of finished castings due to dimensions, casting defects, or other conditions beyond our control.
4. 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.
5. In special or experimental processing and finishing, our charges are not contingent upon the success of the work or the benefit derived. therefrom by customer.
6. We assume no liability for any loss of or damage to merchandise or material while in transit to or from our factory, whether in vehicles owned by customer, or any third party acting in customer’s behalf.
7. 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 results when they are followed. We do not warrant that material furnished by customer is suitable or fit for processing and finishing.
a. No claim for shortage in weight or count, or defect in quality, whether latent or patent, will be allowed unless presented in writing within five (5) working days after receipt of material by customer or customer’s consignee to whom it is delivered. The customer hereby expressly assumes 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 provided that such materials are returned in the same condition as when originally shipped by us.
b. Our liability for losses or damages from all causes shall in no event exceed our charges for work done, except by written contract.
8. There is a normal loss of parts during finishing operations. Over a period of time this shrinkage will average 3%. Inasmuch as we have no exact knowledge of the cost of customer’s parts we do not include this loss in our costs. Consequently, provision for the 3% loss is to be made by you.
9. Counterfeit Prevention Program is only applicable on purchased chemicals (Plating solutions) at Metal Finishing Technologies LLC we do not make, assemble or purchase parts. We service product as directed and have no way of knowing their origin.
10. 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 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.
11. All customer’s merchandise in our possession shall be subject to a general lien for all monies owing by 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.
12. 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.
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 markups 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.
13. Parts will be returned to you in the containers in which they are received. If cartons, separators or special packing materials are required for proper shipping of finished parts, they are to be furnished at no cost to us.
14. The provisions hereof constitute the entire agreement between the parties. Any changes, alterations, waivers or modifications 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 our duly authorized representative. These terms and conditions shall apply to any order or agreement for the processing of any materials or merchandise.
15. These goods will be produced in compliance with all applicable requirements of Section 6,7 and 12 of the Fair Labor Standards act, as amended, and of regulations and orders of the United States Department of Labor issued under Section 14 thereof.
16. The parties acknowledge that this transaction will be a commercial transaction and the customer hereby waives its right to notice and hearing under the applicable sections of the laws of the state in which the transaction will occur, or if otherwise allowed by any state or federal law, with respect to any prejudgment remedy which we may desire to use. Customer also agrees to pay all reasonable attorney’s fees and costs of collection, in the event invoices are not paid within the time stated above.
17. Where required the supplier will obtain MFT’s approval and flow down to the supply chain, the applicable requirements including customer requirements, record retention requirements and right of access by MFT, their customer and regulatory authorities to the applicable areas of all facilities at any level of the supply chain involved in the order and to all applicable records.
18. Suppliers (and supplier’s employees) are required to prevent use of counterfeit parts or products by the following when applicable. Ensuring that persons are aware of their contribution to product or service conformity, their contributions to product safety, and the importance of ethical behavior. An ethical business ensures all parts of their product production is safe, efficient and focuses on health of their employees. An ethical business ensures safety procedures that have the best interest for their workers, while not sacrificing health or safety for increased productivity.