We warrant that processing and finishing shall meet customer specifications supplied in writing with order and that such processing and finishing shall be free from defect in material or workmanship. If the customer specifies methods and procedures to be followed, we 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 or parts to be processed and finished, we assume no liability for subsequent failures or defects.
Our liability for any cause is limited to (a) the cost of direct labor and material of product lost or directly damaged by our processing, or (b) two times our processing charges on such material, whichever is less. We 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. Our charges are based on this policy-limiting liability.
No claim for shortage in weight, count or state of acceptability will be allowed unless made in writing and presented or mailed within three (3) working days after receipt of material by the customer or the consignee to whom it was delivered. However, a shrinkage of quantity, weight or acceptability in processing of two (2%) shall be allowed without charge or liability.
Any material found upon your inspection, to be improperly processed by us will be refinished without charge provided that:
notice made in writing and presented or mailed within three (3) working days after receipt of material by you the customer or the consignee to whom it was delivered.
we are given the opportunity to inspect the material, and
materials returned are in the same condition as when originally delivered. Processing or assembly of any such rejects by you or any other party shall constitute a waiver of any liability on our part.
We assume no liability for any loss of or damage to material while in transit to or from our facility by the customer or third party acting in our customers behalf. If delivered in trucks or vehicles owned by us the provisions of this section may be altered or modified by written separate agreement and any liability we assume will be covered by separate charge for such coverage.
In the event that results of our metal finishing operations are unsatisfactory due to metal imperfections, changes in grade or composition of materials, manufacturing and/or fabricating imperfections, usages for which Black Oxide or other finishing operations was not reasonably designed and similar variables over which we have no control, the customer would be required to pay the contractual amount for the finishing operation performed.
We reserve the right, at our option, either to reject work or make an extra charge for finishing any base metal that is below are agreed upon standard.
We assume no responsibility for defective Black Oxide or other finish on materials previously finished by others.
We shall not under any circumstances, be considered an insurer of customer’s material and shall not be liable, regardless of cause, for loss by fire, explosion, theft, pilferage, vandalism, casualty or acts of God while such material is in our possession. The provisions of this section may be altered or modified by separate written agreement, and any liability we will assume by separate charge for such coverage.
Quotations are open for acceptance six (6) months from issuance. After six (6) months, prices and terms are subject to change without notice unless otherwise specified.
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 or factory of any supplier to either the customer or ourselves, or elsewhere), accidents, thefts, fires, war, shortage of materials or equipment, casualty or acts of God, and we shall not be liable for failure to perform any agreement for such causes.
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.
Deliveries made by us within three (3) days of the time specified shall be deemed in full compliance with our agreement. We reserve the right to make partial or installment deliveries, for which the customer shall pay at the contract price. Defective delivery or non-delivery with respect to any installment or partial delivery under this contract shall be severable breach and shall not give the customer right to treat the entire contract breached.
Special tools, racks and fixtures required for the performance of the work herein described which have been designed and/or built by us shall be and remain our property whether or not the customer is charged with the time and/or material in connection therewith.
In the event of customer cancellation of an order, the customer shall reimburse us for the work completed, the work in process and for tooling and engineering expenses incurred in connection with said order.
All customer material within our possession shall be subject to a general lien for all monies owing by the customer, 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 material.
During storage or transportation of customer material, the customer’s containers used for delivery to us shall be used for reshipment, and any damage resulting from the use of such containers shall be at the customers’ risk. Should the customer desire other packaging or containers, we will charge for material and handling and will provide such service upon receipt of written order.
The provisions of the Uniform Commercial Code shall govern unless these Terms and Conditions provide to the contrary. All interpretations of the terms of the transaction between the parties shall be governed by the laws of the State of Ohio.
A service charge may be added to accounts not paid within ninety (90) days to cover additional processing and carrying costs. If any legal action is necessary to enforce the terms of disagreement, 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 representative of Cleveland Black Oxide, Inc. These terms and conditions shall apply to this quote, any future order or agreement for the processing of any materials.
Call Us Today to Discuss Your Application: 216-861-4431
