DURALECTRA-CHN,
LLC
STANDARD TERMS AND CONDITIONS OF
SALE
- Orders will be accepted at
prices quoted until the expiration date stated on the
quotation. Thereafter prices are subject to change.
- In special or experimental
processing and finishing or salvage processing, our charges are not
contingent upon the success of the work or the benefit derived there
from by customer, and all charges shall be due and payable in any event.
- We assume no liability for any
loss of or damage to merchandise or material while in transit to or
from our factory, whether in trucks or vehicles owned by the customer
or any third person action on the customer’s behalf, or for any
loss of or damage to said merchandise or materials while the same are
in other than our possession, and for any cause whatsoever, including,
but not limited to theft, fire, casualty, or act of god.
- We warrant that processing and
finishing shall meet customer’s specifications supplied in
writing with the order, provided customer supplies Seller with the
required information and same is attached and made a part of the
written shipping documents and is part of the acceptance by this
company of the customer’s order. When customer specifies
methods and procedures to be followed, we shall comply whether or not
the desired result is indicated. We assume no responsibility for
the correctness of such methods and procedures or the result when they
are followed. It is the responsibility of the customer to provide
specific alloy information. We do not warrant the material furnished by
customer is suitable or fit for processing and finishing. See attached
complete warranty.
- No claim for shortage in
weight or count or effect in quality, whether latent or patent will be
allowed unless presented in writing by certified mail within three (3)
working days after receipt of material by the customer or the
customer’s consignee to whom it is delivered, the customer hereby
expressly assuming the risk of discovering such shortage or defect
within such time.
- Customer agrees to indemnify
us and hold us harmless, including our employees, from any and all
liability, loss, damage, and cost including attorney fees incurred by
us or our employees as a result of any claim made or suit commenced
against us or our employees, from any injury to persons or damage to
property, of any nature, caused by the use of merchandise or material
upon or to which processing or finishing was performed by us.
- Deliveries made by us within
ten (10) days of the time specified shall be deemed in full compliance
with our agreement. It is agreed that we shall have the right to
make partial or installment deliveries, for which the customer shall
pay at the contract price. Defective delivery or non-delivery
with the respect to any installment or partial delivery under this
contract shall be a severable breach and shall not give the purchaser
the right to treat the entire contract as breached.
- All customers’
merchandise in our possession shall be subject to a general lien for
all monies owing by the customer to us, whether or not due or payable,
and whether or not such monies are owing for work, labor, or services
rendered or materials or equipment used in connection with such
merchandise.
- Special tools, racks and
fixtures required for the performance of the work described herein
designated and built by us shall be and remain our property whether or
not customer is charged for time and/or material in connection
therewith.
- During storage and
transportation of customer’s material, customer’s
containers used for delivery to us shall be used and any change damage
resulting from the use of such containers shall be at the
customer’s risk. Should customer desire other packaging or
containers, we will charge for material and handling and will provide
such service upon receipt of written order.
- We assume no responsibility
for defective plating or other finish on materials or merchandise
previously plated or finished by others. Such detective
merchandise will be returned to customer for refinishing or, at our
option, stripped and refinished in our plant at customer’s
expense.
The provisions hereof constitute the
entire agreement between the parties. Any changes, alterations,
waivers or modifications with respect either as to the job performed or
the terms of sale or any attempt by customer to vary in any degree any
of the terms of this statement or the offering quote are hereby
objected to and rejected, but such proposals shall not operate as a
rejection of this offer unless such variances are in the terms of the
warranty, description, quantity, price or delivery schedule of the
services. Such acceptance shall be deemed to be on the express
terms contained herein and without the objected to or rejected
changes. In order for any changes, alterations, waivers or
modifications of matters objected to or rejected by Seller to be
effective, they must be in writing, signed by a duly authorized
representative of the company. These terms and conditions shall
apply to any order or agreement for the processing of any materials or
merchandise.
DURALECTRA-CHN WARRANTY OF
PROCESSING
Any material found, upon inspection
by us, to be defective in workmanship or material, where said
workmanship or material was furnished by us, will be refinished by us
without charge upon delivery to us FOB our plant, provided that such
materials are returned in the same conditions as when originally
shipped. All warranties of merchantability and fitness for a
particular purpose are limited to the applicable warranty period set
forth above. Our liability for any loss or damage of any nature,
including without limit, direct, indirect and consequential damage, is
limited to the customers cost (cost being material cost plus direct
labor to produce the part) of the material or merchandise OR our
processing and finishing price for such material, whichever amount is
the lesser, by us within 30 days. This warranty is expressly in
lieu of all other warrants, express or implied. Refinishing by
Duralectra-CHN, LLC shall be the sole remedy of the customer. The
warrantor shall not be liable for special, incidental, consequential or
punitive damages, including without limitation, loss of goodwill,
profits or revenue, loss of use of this product or goods, or any
associated goods or equipment, cost of substitute products, downtime
costs or claims of any party dealing with customer for such damages
resulting from the loss of use or delay in delivery of the parts or
goods, or arising from breach of warranty or contract negligence.
One
Shorr Court,
Woonsocket, RI 02895
Tel - (401) 597-5000 • Fax - (401) 597-5485
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