Finishing Innovations LLC (“FI,” “we,” “our,” or “us”) wishes to remind you of the following established practices of the metal finishing industry in processing your materials.
It is generally recognized that even after employing all the science known to us and with years of training, there still remain hazards in the electroplating, anodizing, and metal finishing fields. As a consequence, and in order to avoid any misunderstandings, we are setting forth the below terms and conditions (the “Policy”) under which your material will be accepted for processing:
- Quotations are open for acceptance thirty days (30) from issuance. After thirty days, price and terms are subject to change without notice, unless otherwise specified.
- Whenever we are given material with detailed instructions as to treatment, our responsibility shall end with the carrying out of those instructions. Type of material, tolerances and specifications for processing shall be declared in writing prior to our processing. Any changes to the requirements from the original purchase order and/or documentation provided to FI with the original purchase order must also be submitted in writing prior to our processing.
- We reserve the right, at our option, to either reject work or make an extra charge for finishing any base metal below our required standard.
- Our total liability for any claim or cause is limited to the lesser of the cost of either: a) direct labor and material of the product directly damaged by our processing or b) three times our processing charges on such material. Unless otherwise agreed to in writing prior to our processing, compensation will only be given in the form of a credit towards future processing with us.
- We are in no way liable for loss of business, punitive damages, or special or other damages of any kind. Charges for our services are based on this Policy limiting our liability. This includes but is not limited to scrappage and/or loss for any reason that results in shipped quantity discrepancies. Liability greater than that outlined in this or the above paragraph will exist only when so agreed to in writing by us. In such event, a higher charge may be made for our services.
- We shall not, under any circumstances, be considered as an insurer of customers’ parts, material, etc. and shall not be liable, regardless of cause, for loss by fire, explosion, theft, pilferage, vandalism, casualty or acts of God while such parts, material, etc. is in our possession. The provisions of this paragraph may be altered or modified by a separate written agreement and any liability we assume will be covered by a separate charge for such coverage.
- Parts, material, etc. as processed by us shall be presumed to be accepted as fully satisfactory by you if we are not notified of damages, shortages, or other discrepancies in writing within ten (10) working days of your receipt of the same.
- In order to assert a claim, any parts, material, etc. found to be improperly processed by us will be furnished without charge provided: a) written notice of defect is given within the timeframe stated in the above paragraph; b) we are given the opportunity to inspect the material prior to return; c) materials returned are in the same condition as when originally delivered by us; d) the base material (alloy and temper) furnished for processing is designated on the customer’s invoice.
- Further processing, alteration, modification, or assembly of rejected parts, materials. etc., by you or any other party post-delivery shall constitute a full and complete waiver of any liability on our part in all aspects.
- Where operations or processes performed by us are in the nature of “salvaging” (including but not limited to stripping coatings/plating or other rework not originated by us) parts or material, the work is accepted on a “best effort” basis and no liability shall attach to us unless previously agreed upon in writing and signed by us prior to processing the job. If our internal inspection process designates parts as non- conforming, we may strip and rework parts one time unless expressly prohibited by the customer.
- If upon inspection by FI, the parts, materials, etc. are considered scrapped or non-salvageable in any way and FI agrees to compensate the customer for the parts beyond any processing charges, the subject parts will become the property of FI.
- 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 full contracted amount for the finishing operation performed.
- FI will hold completed orders for thirty (30) days from the date the customer is notified their order is complete. Parts left at FI for more than thirty (30) days from the date of notification are subject to disposal.
- We assume no liability for any loss or damage to merchandise or material while in transit to or from our facility, whether in trucks or vehicles owned by FI, the customer, or any third-party acting on our or the customer’s behalf. Any claims for damage will need to be made directly with the freight forwarder.
- In the event of an order cancellation, the customer shall reimburse FI for: a) the work completed; b) work in process; and c) tooling and engineering expenses incurred in connection with such order.
- This Policy shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to that state’s principles or rules regarding conflicts of laws. Any actions, suits, or proceedings arising out of or relating to this Policy are subject to the exclusive jurisdiction of the federal and state courts situated in Shelby County, Tennessee. The prevailing party in any litigation arising out of this Policy, invoice, or the services provided by FI shall be entitled to recover all fees and expenses (including reasonable attorney’s fees and court costs) incurred by it in enforcing its rights hereunder.
- This Policy supersedes all prior written or verbal terms and conditions. Furthermore, this Policy is the sole document outlining FI’s terms, conditions, and liabilities under which we accept material for processing. The terms and conditions listed in this Policy are subject to change without notice.
We have established the above terms and conditions in an effort to be realistic and reasonable, and that acceptance of the material for processing subject to such terms and conditions will permit us to continue to provide quality metal finishing at an economical price.