Precision Industrial Painting (PIP) has adopted the established & standard practices of the Metal Finishing Industry. We wish to remind our clients that plating and maintaining a workforce of trained and experienced professionals, plating and metal finishing processes are inherently hazardous to the materials we process. For this reason, we have set forth the terms and conditions that apply to every order we process. Terms and conditions which accompany any customer purchase order shall not supersede PIP’s terms and conditions. To avoid any misinterpretations, PIP sets forth the following conditions for acceptance of materials (parts) for processing:
I. Workmanship
PIP warrants that processing and finishing shall meet customer requirements and specifications supplied in writing with the order and that such processing and finishing shall be free from defects in material or workmanship. If the customer specifies methods and procedures to be followed, PIP will assume no responsibility for the correctness of such methods and procedures or the result when they are allowed. In the absence of full disclosure by the customer of the use of material, parts to be processed and finished, and other post-plating operations and testing requirements, PIP assumes no liability for subsequent failures or defects.
II. Liability
PIP’s liability for any cause is limited to the lesser of:
(a) the cost of direct labor and material of product lost or directly damaged by our processing or
(b) two times (2x) our unit processing charges on such material.
If the order is a minimum lot, the minimum lot charge divided by the order quantity is the calculation to be used in determining a unit price.
PIP shall not be liable, whether as a result of breach of contract, warranty (merchantability, fitness, or other), alleged negligence or otherwise, for special, consequential or incidental damages including, but not limited to, loss of profit or revenue, loss of use of the delivered materials or claims made against the customer for damages or penalties. PIP’s pricing is based on this policy-limiting liability. PIP assumes no liability for defective plating or other finish on materials or merchandise previously plated or finished by others. No claim for shortage in weight or count will be allowed unless made in writing and presented or e-mailed within three (3) working days after receipt of material or merchandise by the customer or the customer’s consignee to whom it was delivered. However, a reduction in quantity in processing of two percent (2%) or less shall be allowed without charge of liability. Any material or merchandise found upon our inspection, to be improperly processed by us will be reprocessed without charge provided that:
(c) notice of defect is given in writing within ten (10) working days from the date of delivery,
(d) we are given the opportunity to inspect the alleged defect in the material or merchandise prior to and upon its return, and
(e) materials or merchandise have not undergone any post-plating assembly or operations.
Processing or assembly of any such rejects by customer or any other party shall constitute a waiver of any liability on our part. Such post-plating assembly or operation shall be deemed customer acceptance in whole of PIP’s delivery against its contractual obligations.
Due to unpredictable yields, all Maintenance, Repair & Overhaul (MRO) orders will be completed on a “best-effort” basis.
III. Loss and/or Damage
PIP assumes no liability for any loss of, or damage to, merchandise or material while in transit to or from our facility, whether in trucks or vehicles owned by us, the customer, or a third-party common carrier acting on our or the customer’s behalf. The provisions of this section may be altered or modified by a written separate agreement, and any liability we assume will be covered by a separate charge for such coverage.
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 fabricating 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 would be required to pay the contracted amount for the finishing operation(s) performed.
We reserve the right, at our option, either to reject work or make an extra charge for finishing any base metal below our agreed-upon standard and/or facility capability. PIP shall not, under any circumstances, be considered an insurer of customer’s material or merchandise and shall not be liable, regardless of cause, for loss by fire, explosion, theft, pilferage, vandalism, casualty or acts of God while such material or merchandise is in our possession. The provisions of this section may be altered or modified by a separate written agreement, and any liability PIP will assume will be covered by a separate charge for such coverage.
IV. Quotations
All quotes are subject to Minimum Lot pricing and remain valid for 30 days unless accepted by the customer sooner, re-quoted, or withdrawn by PIP. After 30 days, prices and terms are subject to change without notice unless otherwise specified. Lead times outlined in quotations are “best estimates” based on current workload which may differ from the time the work was quoted to the time PIP receives parts.
All quotations, orders, 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 factory, your plant, or factory of any supplier to either the customer or ourselves, or elsewhere), accidents, thefts, fires, war, shortage of materials or equipment, major raw material price increases and casualties or Acts of God, and PIP shall not be liable for failure to perform any agreement as a result of any of these occurrences.
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.
V. Tooling
Special tools, racks, and fixtures required for the performance of the work herein described which have been designed and/or built by PIP shall be and remain our property whether or not the customer is charged with the time and/or material in connection therewith.
VI. Cancellations
In the event of customer cancellation of an order, the customer shall reimburse us for the work completed or in process and for tooling and engineering expenses incurred in connection with said order. All customer merchandise in our possession shall be subject to a general lien for all reserve owing by the customer to us, whether or not due or payable and whether or not such monies are owing to us for work, labor or services rendered or materials or equipment used in connection with such merchandise.
VII. Storage and Transportation
During storage and transportation of customer material or merchandise, the customer’s containers used for delivery to us shall be used for reshipment, unless otherwise specified, and any damage resulting from the use of such containers shall be at the customer’s risk. Should the customer desire other packaging or containers, we reserve the right to charge for material and handling and will provide such service upon receipt of the written order.
PIP is not liable for any loss or damages to finished materials resulting from the use of a third party and other commercial transportation carriers. PIP reserves the right to use alternative packaging options to preserve the finish quality of said customer materials or merchandise.
The provisions of the Uniform Commercial Code shall govern unless these Terms and Conditions provide to the contrary. All interpretation of the terms of the transaction between the parties shall be governed by the laws of Arizona.
VIII. Contract Review
Before acceptance of a contract, contract change notice or other required change, the customer(s) shall provide on their Purchase Order the following requirements (as applicable).
(a) Specification number(s), applicable Type(s), Class(es), Grade(s), and items related to quality.
(b) Determine that PIP has the OEM/customer approvals necessary to meet all contract requirements.
(c) Notify PIP if the job is for a flight critical or safety application.
(d) Processing and special requirements related to the operations being performed.
Prior to accepting the contract, any difference between prior contracts, estimates, tenders or conflicting information from the customer will be resolved in writing.
Certain specifications may require destructive testing. PIP operators use coupons/panels for this purpose, in order to prevent damage to parts. In the event that coupons/samples are not provided by our customer for use in destructive testing, PIP operators will use panels/coupons of the most similar type we have available, but which may not be of the same alloy type.
IX. Order Acknowledgement
If Order Acknowledgement is required, PIP will confirm via e-mail communication within twenty-four to forty-eight (24-48) hours of receipt of such material or merchandise. Such acknowledgment will contain the terms of the processing agreement, including but not limited to, finishing specification(s), pricing, quantity accepted, payment terms, delivery method, and other contracted requirements. Acknowledgment of the quote and/or upon delivery of services rendered signifies agreement to these terms and conditions. In the event of a customer’s failure to notify PIP within 24 hours in writing of any discrepancies between our acceptance of their purchase order, we will proceed with the order and PIP’s standard terms & conditions will take precedence.
Payment Terms
PIP’s payment terms include account, Cash on Delivery (COD) and other acceptable means of payment as agreed upon by both parties. Our standard account term is Net 30 unless a written agreement to the contrary is established. New customers will be initially set up as Cash on Delivery (COD) accounts. Customers may establish a credit account with PIP by submitting credit/trade information and reference sheet, subject to accounting approval.
All finishing work performed by PIP is subject to an environmental fee for hazardous waste handling and disposal.
X. Payment
A service charge may be added to accounts not paid within the agreed NET account term to cover additional processing and carrying costs. If any legal action is necessary to enforce the terms of this agreement, the prevailing party shall be entitled to reasonable attorney fees in addition to any other relief to which it may be entitled.
The provisions hereof constitute the entire agreement between the parties. Any changes, alterations, waivers or modifications with respect to either job performed or the terms of sale, or to any other matter set forth herein, must be in writing and signed by a duly sworn or authorized PIP representative. These terms and conditions shall apply to current and any future order or agreement for the processing of any materials or merchandise.