It is generally recognized that even after employing all the science known to us, and capable men with years of training, there still remain variables in the electroplating and metal finishing industries. Therefore, in order to avoid misunderstandings, (STERLING PLATING, INC) is restating the following Terms and Conditions as the custom and usage of the trade. These Terms and Conditions apply to all sales.
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 defects in material or workmanship at time of delivery. 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. In the absence of full disclosure by the customer of the use of material or parts to be processed and finished, we assume no liability for subsequent failures or defects.
2. Our liability for any cause is limited to the cost of direct labor and material of the product loss or directly damaged by our processing or two times our processing charges on such material, whichever is the lesser. Our charges are based on this policy limiting liability. By placing your order, you expressly agree to this limitation.
3. No claim for shortage in weight, defect or count will be allowed unless made within three (3) working days after receipt of material or merchandise by the customer or the customer’s consignee to whom it was delivered, provided, however, a shrinkage or defective quantity in bulk processing of two (2%) percent and in case of reel to reel plating, five (5%) percent shall be allowed without charge or liability. We will, in no event be responsible for weight counts or other inspection functions for merchandise received from third parties on behalf of the customer.
4. In order to assert a claim against us, the customer must return any material or merchandise processed by us for our inspection. No claim shall be allowed until such inspection is performed by us.
5. To satisfy a claim, we will have the right, but not the obligation, to refinish the material at our cost. Any material or merchandise found, upon our inspection, to be improperly processed by us may be refinished without charge provided:
(a) Notice of defect is given verbally within three (3) working days and in writing within ten (10) working days from the date of delivery;
(b) Materials or merchandise returned has not been altered structurally or chemically since processed 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.
6. We assume no liability for any loss 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.
7. 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, usages 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.
8. We reserve the right, at our option, either to reject work or to make an extra charge for finishing any base metal below our agreed standard.
9. We assume no responsibility for defective plating or other finish on materials or merchandise previously plated or finished by others.
