Terms and Conditions
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1. All Quotes are subject to minimum lots charges.
2. All Quotes made by Coast Plating, Inc., hereinafter referred to as Coast, without receipt and review of the applicable testing specifications are subject to correction.
3. All Quotes are valid for 90 days, unless accepted by Buyer sooner, reconfirmed or withdrawn by Coast.
4. Coast is not obligated to perform any additional work beyond the scope of the Quote without additional compensation.
5. The delivery schedule of a Quote is subject to delays caused by “Acts of Nature” (fire, earthquake, and the like), labor difficulties, shut-downs, material shortages, equipment break-down, unforeseen engineering problems, Government regulations, priorities, pre-emption, or other causes beyond its control.
6. Buyer is responsible for the actual cost of transportation of Buyer’s property to and from Coast, unless Coast has previously agreed in writing to bear such cost.
7. In the event Buyer becomes insolvent or makes a general assignment for the benefit of creditors, or files or has filed against it a petition in bankruptcy or for reorganization, or pursues any other remedy under law relating to the relief of debtors, or in the event a receiver be appointed of Buyer’s property or business, Coast may, at its option, terminate its performance under the contract and treat the Buyer’s as in default.
8. Coast terms for payment are “Net 30 Days” subject to credit approval. Coast may require any unpaid balance will bear interest at the rate of eight per cent (8%) per annum. In the event Coast engages the services of an attorney to collect the sum due, Buyer agrees to pay the reasonable value of such services whether or not suit is brought.
9. Any purchase by Buyer in response to this quotation includes the terms and conditions of this quotation and these terms and conditions govern notwithstanding any contrary provisions in Buyer’s purchase order.
10. Quotations including Government-furnished material on a no-charge basis are subject to revision if the United States Government discontinues the supply or availability of the material.
11. Termination, reduction in quantity or rescheduling delivery: In the event Buyer desires to terminate any part or all of the work to be done hereunder, reduce the quantity of goods ordered, or reschedule the delivery of any goods, fair compensation is made to Coast. Coast recovers, without duplication the contract price for items which have been completed, the actual costs incurred by Coast which are properly allocable or apportionable under recognized commercial practices to terminate work (including the costs of discharging liabilities) plus a reasonable profit, the reasonable costs and expenses incurred by Coast in making settlement hereunder and in protecting property in which Buyer has an interest, and/or the increased costs incurred by Coast by reason of a revision in the delivery schedule.
12. Whenever Coast is given material with detailed instructions as to treatment, Coast’s responsibility ends with the carrying out of those instructions. The Buyer must submit the following, in writing, before Coast can process material: 1) Type of material, 2) tolerances and 3) specifications.
13. Coast’s liability for any cause is limited to the cost of direct labor and material of the product directly damaged as a result of processing or three (3) times the processing charges on such material, whichever is lesser. Coast’s maximum liability for damages is limited to $10,000. Coast’s price for service is based on this Policy.
14. Liability greater than that outlined in above are assumed by Coast only when agreed in writing. In such event, Coast may charge a price for processing.
15. Parts, material, etc. as processed by Coast are presumed to be accepted as satisfactory by Buyer if we are not notified of damages, shortages or other discrepancies within ten (10) working days of your receipt of same. Rejected parts must be returned to Coast for rework unless alternative disposition is previously agreed to in writing. Further processing or assembly of rejected parts, materials, etc., by Buyer or any other party constitutes a waiver of any liability on Coast’s part.
16. Where operations or processes performed by Coast are in the nature of “salvaging” parts or material, the work is accepted on a “best effort” basis and no liability is attached to Coast unless previously agreed upon in writing prior to processing the job.
17. 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 Buyer is required to pay the contracted amount for the finishing operation performed.
18. Coast assumes no liability for any loss of or damage to merchandise or material while in transit to or from a Coast’s facility, whether in trucks or vehicles owned by Coast, the customer, or any third person acting on Coasts or the customer’s behalf, or for any loss of or damage to said merchandise or materials while the same are in our possession for any cause whatsoever, including, but not limited to theft, fire, casualty or “Acts of Nature.”
As of 08/27/07