All services provided by Valley Plating Inc. to the buyer are made on the following terms and conditions.
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 and 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 non applicable.
2. Our liability for any cause is limited to the cost of direct labor and material of product lost or directly damaged by our processing or by 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 will be allowed unless made in writing and presented within ten (10) working days after receipt of materials by the customer or the customer’s consignee, provided however, 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 re-processed without charge provided that:
a. 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. 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.
6. We assume no responsibility for defective plating, anodizing, or other finish on materials previously plated or finished by others.
7. Quotations are open for acceptance sixty (60) days from issuance. After sixty (60) days, prices and terms are subject to change without notice. All quotations must be in writing; Oral quotes are not acceptable and will not be honored
8. 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 facility, your facility, the facility of any supplier, either of the customer or ourselves, or elsewhere), accident, theft, fire, 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. All quotations, orders, agreements and modifications must be made in writing. Oral quotations, orders, agreements, and modifications are not acceptable and will not be honored.
9. This quotation is limited to the specific processes and treatments quoted herein. Processes AND treatments not specifically quoted herein will not be provided even if such processes and treatments are referenced in general specifications set forth herein unless this quotation is modified in writing to specifically quote such additional processes and treatments and the changes therefore. You acknowledge that unless specifically set forth in your purchase order and/or specifications Valley Plating does not know the handling, manufacturing, and processing history of the parts and material provided to Valley Plating for processing and treatments and Valley Plating is not responsible for the omission of pretreatment processes such as cleaning, grit blasting, stress relieving, etc. unless such pretreatment processes are specifically quoted herein.
10. The part price is subject to change at any time in the sole discretion of Valley Plating. Valley Plating should be under no obligation to continue to process parts at the agreed part price. In the even that Valley Plating elects to modify the part price, Valley Plating will provide the customer with written notice ten (10) calendar days prior to the imposition of the modified part price. The written notice shall indicate the part numbers for which the part price is subject to change, and the new modified price, and the state the date that the modified price will be imposed. If proper notice is given to the customer, any parts processed after the modified price date shall be subject to the modified price. By delivering any parts or accepting any good from Valley Plating that were processed after the modified price date shall be deemed to accept the modified part price.
11. If Valley Plating is given detailed instructions as to the processes and /or treatments to be performed, Valley Plating's responsibility shall be limited to carrying out those instructions. Type of material, tolerances, and specifications for processing and/or treatments shall be declared in writing prior to Valley Plating's processing and shall specify all processes (including required preparation) which you require Valley Plating to perform.
12. For 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.
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 breach.
14. The customer agrees not to use or disclose any information concerning racking, fixturing, chemical processes or procedures we use in our metal finishing. If the customer violates the terms herein provided, the customer shall pay the seller damages. If the damages cannot be adequately determined the minimum amount of damages is understood to be $100,000.00.
15. Rack marks will be permissible, unless specifically directed otherwise by the buyer, and are left up to Pride Plating's discretion as to the number, size, and location.16. In the event of customer’s cancellation of order, the customer shall reimburse us for the work completed, work in process, and any other expenses incurred in connection with such order.
17. During storage and transportation of customer’s material, customer’s containers used for delivery to Valley Plating shall be used for reshipment and any damage resulting from the use of such containers shall be at the customer’s risk. Should the customer desire other packaging, we will charge for material and handling and will provide such service upon receipt of a written order.
18. Invoices unpaid on due date shall be considered delinquent and thereafter subject to a FINANCE CHARGE computed by a single monthly rate of one and a half percent (1.5 %) computed on the delinquent balance until the account is paid in full.
19. The provisions hereof constitute the entire agreement between the parties. Any changes, alterations, waivers, or modifications with respect to the job performed or the terms of the sales, or any other matter set forth herein must in writing and signed by a duly authorized representative of our company. These terms and conditions shall apply to any order or agreement for the processing of any material.
20. If no Process Specification Revision is stated on the customer purchase order, the latest process specification revision in effect at the date of the order will be the default.
21. All materials and services furnished to Pride Plating must meet all applicable law and regulatory requirements of the United States Government current as of date of this order.
22. The Terms and Conditions are subject to change without notice.