Standard Terms and Conditions
Acceptance: Acceptance of orders, whether oral or written, is based on the express condition that the Buyer agrees to all the terms and conditions contained herein. Acceptance of delivery by Buyer will constitute Buyer’s agreement to these standard terms and conditions.
Price: 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.
Credit Terms: All orders and shipments are subject to the approval of Seller’s credit department. Seller’s terms are 2% 10 Net 30 for approved accounts. Accounts that are not on “open” status will be billed C.O.D. and must be paid in full upon delivery of parts. All shipments are F.O.B. Springfield, MA, unless otherwise agreed in writing. Seller reserves the right to decline shipments if payment is not received.
Materials: In the event, the results of metal finishing operations are unsatisfactory due to conditions over which the Seller has no control, the Buyer would be required to pay the contracted amount for the finishing operation performed. These conditions include: metal imperfections, changes in grade or composition of materials, manufacturing and/or fabrication imperfections, usages for which the finishing operation was not reasonably designed, and similar variables over which the Seller has no control. The Seller reserves the right, at our option, to reject work or to charge extra for finishing any base metal below the agreed standard on the blueprint, quote or purchase order. In addition, the Seller assumes no responsibility for defective finishing on materials previously finished by others.
Claims: All claims for shortages must be made within five (5) working days after the material is received. Failure by Buyer to give timely notice as per above shall constitute a waiver by the Buyer of all claims with respect to such goods. A “shrinkage” of quantity in the processing of two (2%), unless otherwise stated, shall be allowed without charge or liability.
Returns: Any material found, upon our inspection, to be improperly processed by us will be refinished at no charge provided the following:
- That notice of defect is given in writing within ten (10) working days from the date of delivery;
- That Seller is given the opportunity to inspect the material prior to return;
- That material returned is in the same condition as when originally delivered by the Seller.
The processing or assembly of any such rejects by the buyer or his agent (s), i.e., honing, lapping, installation of bushings or helicoils, painting, or similar operations, shall constitute a waiver of any liability on our part.
Liability: Seller shall not, under any circumstances, be considered an insurer of Buyers’ material and shall not be liable, regardless of cause, for a 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 a separate written agreement, signed by both parties, and any liability we may assume thereunder will be covered by a separate charge for such coverage. Our liability for any cause is limited to the cost of direct labor and material of product loss or damage as a result of our processing, or five (5) times our processing charge (s) on such material, up to a maximum aggregate cost of $5,000.00 per incident. Our pricing structure is based on this policy of limited liability for the Seller.
Packaging: Our prices, whether quoted or determined at the time of shipping, are based on using customer-supplied packaging. We will use at least the same care in packaging material as was used to ship it to the Seller. Special customer packaging requirements will be furnished only when specified by the Buyer and so stated herein, and the cost thereof shall be borne by the Buyer.
Warranty: Seller warrants that processing and finishing shall meet Buyer’s specifications supplied in writing with the order and that such processing and finishing shall be free from defect in material and workmanship. If the Buyer specifies unconventional methods and procedures to be followed, the Seller will assume no responsibility for the integrity of such methods and procedures or the results thereof when they are followed. In the absence of full disclosure by the Buyer of the use of material or parts to be processed, the Seller assumes no liability for subsequent failures or defects. Seller makes no warranties of merchantability or fitness for a particular purpose, nor any other express or implied warranty. The buyer assumes all risk and liability resulting from use of the material delivered hereunder, whether used singly or in combination with other products. Seller shall not be liable for incidental or consequential losses, damages or expenses directly or indirectly arising from the sale, handling or use of the materials(s).
General Conditions:
- No agent, salesperson or employee of Seller is authorized to bind Seller by any agreement, statement or promise not herein expressed or included in a separate signed agreement between the parties.
- The provisions of the Uniform Commercial Code shall govern unless these terms and conditions provided to the contrary, and all interpretations of the terms of the transaction between parties shall be governed by the laws of the Commonwealth of Massachusetts.
Revised: 12/20/2007
