It is generally recognized that even
after employing all the science known to us, and
capable men with years of training, there still remain
hazards in the electroplating and metal finishing
fields. As a consequence, in order to avoid
misunderstandings, we are setting forth below
conditions under which your material will be accepted
by us for processing.
When your order is accepted by Tech Plate, acceptance and
all processing provided by Tech Plate is expressly
conditioned upon acceptance by you of the following terms
and conditions.
Terms for payment for services rendered are C.O.D.
Furthermore all invoices will include a fee for hazardous
materials’ disposal (HazMat) equal to 8% of the invoice
total.
The parties hereby acknowledge that this contract for
processing is entered into in Orange, California.
The members of the Metal Finishing Association of Southern
California wish to remind you of the established practices
of the metal finishing industry in processing your
materials. These practices have been formalized and
unanimously adopted by the members of this Association as
a Statement of Policy.
When TechPlate is given detailed instructions as to the
processes and/or treatment to be performed, Tech Plate’s
responsibility shall be limited to carrying out those
instructions. Said instructions shall include, but
not be limited to, material, heat treatment, tolerances,
and specifications for processing.
Tech Plate’s maximum liability to its customers, for any
cause, is limited to the direct labor and material cost of
the customers’ material damaged by Tech Plate’s processing
or three (3) times Tech Plate’s processing charges for
such parts and/or material, whichever is less.
Charges for Tech Plate’s services are based on this
limitation of liability. TechPlate will assume
additional liability only if it specifically agrees to
such additional liability in writing, in which case a
higher charge may be made for Tech Plate’s services.
Parts and/or material processed by TechPlate shall be
presumed to be accepted as satisfactory by you if
TechPlate is not notified of damages, shortages, or other
discrepancies within ten (10) working days of our receipt
of such parts and/or material. Rejected parts and/or
material must be returned to TechPlate for rework.
Further processing or assembly of rejected parts and/or
material by you or any other party shall constitute a
waiver of any liability Tech Plate’s part.
Where operations or processes performed by TechPlate are
in the nature of “salvaging” parts and/or material, the
work will be performed on a “best effort” bases and no
liability shall attach to TechPlate unless it has
previously agreed to such liability in writing prior to
beginning the job.
TechPlate is not responsible for the results of metal
finishing operations that are unsatisfactory due to metal
imperfections, changes in grade or composition of
material, manufacturing and/or fabrication imperfections,
usages for which the plating or other finishing operation
was not reasonably designed, and similar variables over
which TechPlate has no control. In such cases, the
customer remains responsible to pay the contracted price
for the finishing operations performed by TechPlate.
Rejected parts must be returned to us for rework. Further
processing of assembly of unsatisfactory parts, materials,
etc., by you or any other party shall constitute a waiver
of any liability on our part.
In the event any legal action must be undertaken to
enforce the contract between TechPlate and its
customer(s), the prevailing party shall be entitled to
recover its reasonable attorneys’ fees, expenses, and
court costs incurred.
TechPlate is not bound by any terms on customers' order
documents which attempt to impose any conditions at
variance with Tech Plate’s terms and conditions of sale
which may be included herein or stated on Tech Plate’s
packages, invoices and technical data sheets.Tech Plate’s
failure to object to provisions contained in the
aforementioned documents shall not be deemed a wavier of
the provisions of Tech Plate’s terms and conditions which
shall constitute the entire contract between the parties.
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