Terms and Conditions
1. Warranty: Electro Polish warrants the processing and finishing shall meet Customer’s specifications supplied in writing with the order. Said processing and finishing shall be free from defects in material or workmanship. If Customer’s order specifies a specific method, process or procedure to be following, which is different from Electro Polish’s standard method, process or procedure, Electro Polish assumes no responsibility for (1) the accuracy or correctness of said method, process or procedure or (2) the results of following Customer’s method, process or procedure. The warranty provided in this Section 1 shall expire one (1) year after delivery of the goods to Customer.
2. Limitation of Warranty: THE WARRANTY PROVIDED IN SECTION 1, ABOVE, IS EXCLUSIVE AND EXPRESSLY PROVIDED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER WARRANTIES, OF ANY DESCRIPTION WHATSOEVER, ARE HEREBY DISCLAIMED AND EXCLUDED. Electro Polish does not authorize any of its employees to modify this limited warranty. Any liability which Electro Polish may have arising out of or in any way related to its products or services and/or these Terms and Conditions of Sale, including any warranty claims, shall be limited to the cost of direct labor and material of the defective product prior to Electro Polish’s processing of the product or two times our processing charges on such material, whichever is less. Customer acknowledges Electro Polish’s pricing and charges are based on this limited liability. Under no circumstances shall Electro Polish be liable for any consequential, special, or incidental damages of any type or kind to Customer or any third party.
3. Defects: In the event a defect is claimed by the Customer on any materials or merchandise processed by Electro Polish: (1) Customer shall provide written notice, or email communication, to Electro Polish of said defect and said written notice must be received by Electro Polish within ten (10) business days following delivery of the materials to Customer or Customer’s consignee, if applicable; (2) Electro Polish shall have the right to inspect any materials or merchandise prior to return to Electro Polish; and (3) the materials and merchandise are returned to Electro Polish in the exact same condition as when originally delivered by Electro Polish. If all of the above conditions are satisfied and Electro Polish determines, after inspection, that the material or merchandise is defective or was improperly processed, Electro Polish will refinish without charge to Customer.
4. Quotations: All quotations prepared by Electro Polish are only open for acceptance by Customer thirty (30) days from the date of issuance. After thirty (30) days, Electro Polish, upon Customer’s request, will prepare a new quotation to Customer taking into account, among other things, materials cost adjustments and labor adjustments.
5. Metal Finishing Operations: Customer shall be required to pay the full quoted contract price for all merchandise or materials even in the event that metal finishing operations are unsatisfactory due to metal imperfections, changes in grade or composition of materials, manufacturing imperfections or other variables outside of Electro Polish’s control. If hard coat anodizing is requested by Customer, Customer fully understands, acknowledges and accepts that this process can leave small contact burn marks on the merchandise or materials. While Electro Polish will attempt to mitigate this event, Electro Polish shall not be liable to Customer for the cost to manufacture or replace any product damaged by this rare occurrence.
6. Special Operations: In the event Customer orders special or experimental processing or finishing, Electro Polish’s charges shall not be contingent upon the success of the work or the benefit derived by the Customer. Customer fully understands, acknowledges and accepts the unique risks of ordering special or experimental processing and shall be responsible for payment in full to Electro Polish regardless of the success of the work or benefit derived by the Customer.
7. Cancellation: If Customer cancels an order, Customer shall be responsible for reimbursement to Electro Polish for all costs, materials, tooling expenses and engineering expenses incurred in connection with Customer’s order, as well as reimbursement to Electro Polish for all completed work and work in process.
8. Shortages: Customer shall have no claim for shortages in weight or quantity against Electro Polish unless Electro Polish actually receives written notice from the Customer within ten (10) business days following delivery of the materials to Customer or Customer’s consignee, if applicable. However, a shortage in weight or quantity resulting from processing of five percent (5%) or less shall be permitted without charge or liability to Electro Polish.
9. Risk of Loss, Storage and Transportation: Customer ships all merchandise or material to Electro Polish at Customer’s own risk. Unless provided for in a separate written agreement signed by Electro Polish, Electro Polish shall not be liable, and does not assume any liability, for any loss or damage to Customer’s merchandise or material while in transit to or from Electro Polish’s facility. Electro Polish is not, and shall not be considered under any circumstances, an insurer of Customer’s merchandise or material, and Electro Polish shall not be liable to Customer or any third party for loss or damage of any kind, description or nature, including but not limited to loss by fire, expulsion, theft, vandalism, casualty or act of God while Customer’s merchandise or material is in Electro Polish’s possession. In the event Customer requests insurance coverage for its merchandise or material, this Section 9 may be amended by separate written agreement of the parties and the cost of said insurance shall be charged to Customer.
10. Invoicing and Payment: All Electro Polish invoices are due when indicated on each invoice. In the event payment is not received by Electro Polish on or before the due date, the Customer’s account will be considered delinquent and subject to a finance charge computed monthly at the rate of one percent (1.00%) per month, with an annual percentage rate of twelve percent (12.00%). Electro Polish shall be entitled to recover any and all collection costs and expenses incurred as a result of Customer’s nonpayment and delinquent account, including any and all attorney’s fees or other collection costs or expenses, regardless of whether or not a lawsuit is initiated.
11. Force Majeure: Electro Polish shall not be liable for any failure or delay in performing any obligation to Customer, including obligations in quotations, purchase orders, agreements and modifications thereof, that is due to any of the following causes, to the extent beyond Electro Polish’s reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.
12. Miscellaneous: These Terms and Conditions of Sale shall be governed by, construed and enforced in accordance with the laws of the State of Ohio without giving effect to the provisions, policies, or principles therefor relating to choice of law or conflict of laws. Customer agrees that any dispute or action in enforcement arising out of these Terms and Conditions of Sale shall be solely and exclusively brought in the Court of Common Pleas of Montgomery County, Ohio, or the United States District Court for the Southern District of Ohio, and except as stated herein you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Terms and Conditions of Sale. These Terms and Conditions of Sale constitute the entire agreement between Electro Polish and Customer, and any waiver by Electro Polish of a breach of any provision of these Terms and Conditions of Sale shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms and Conditions of Sale. The failure of Electro Polish to insist upon strict adherence to any provision of these Terms and Conditions of Sale on one or more occasions shall not be considered a waiver or deprive Electro Polish of the right thereafter to insist upon strict adherence to that provision or any other provision of these Terms and Conditions of Sale. The section headings contained in these Terms and Conditions of Sale are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms and Conditions of Sale. In case any provision of these Terms and Conditions of Sale shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof will not in any way be affected or impaired thereby.
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