Terms & Conditions
Prices quoted or acknowledged are based on Metallon’s current cost of material and labor.
Delivery is subject to delays caused by strike, fire, flood, accident or any other cause beyond the control of Metallon, including delays in delivery of material by third parties. Any delivery date specified shall be the date of shipment from Metallon’s plant. Delivery of tooling and stamping is contingent on Metallon receiving, with the order, complete and detailed prints satisfactory for production with all necessary information concerning type, thickness, width, temper and tolerances of material.
Unless otherwise agreed upon, prices quoted or acknowledged include the initial tooling cost, which tooling shall be the property of the Customer, shall be maintained by Metallon for the duration of its normal life in order to produce reruns whenever a repeat order is received. Any engineering which is requested after an order has been placed and tooling started will be subject to a charge on a time and material basis.
4. TOOLMADE SAMPLES:
Promptly, upon completion of tooling, a reasonable number of toolmade samples will be submitted for Customer’s inspection and such samples will be presumed to be acceptable unless a detailed written report, rejecting the parts and specifying the objections has been furnished to Metallon within twenty (20) days after delivery of the samples to the Customer.
Quantities – Unless otherwise specified, Customer agrees to accept over-run or under-run not exceeding 15% of quantities ordered. Quality-Complaints with regard to quality must be made in writing within thirty (30) days of receipt of shipment and must specify in detail defects claimed. Customer Material – Orders specifying use of Customer’s material are accepted subject to prompt delivery of material to Metallon in the dimensions agreed upon by Metallon and the Customer. Any defects in said material shall be the sole responsibility of the Customer.
In the absence of specified requirements which have been specified by the Customer on blueprints or in other writings, commercial tolerances and custom and usage in manufacturing practices in the stamping industry shall be applicable.
Changes requested by Customer after production has commenced will convert the order to a time and cost of material basis unless Metallon and Customer have agreed in writing to a revision of price to reflect the cost resulting from such changes. No changes may be made without Metallon’s prior written authorization.
Extra charges will be made for work performed by Metallon if the same is not included in Metallon’s prior quotation and is not shown on Customer’s blueprints or specifications upon which Metallon’s quotation was submitted.
Metallon reserves the right to correct errors in its products. Clerical errors are subject to correction at any time.
Metallon will not be responsible for product performance where the product is manufactured in accordance with Customer’s design, prints or specifications.
Metallon reserves the right to suspend production at any time and to withhold deliveries of any or all goods ordered if any payment to be made by Customer has not been made promptly as agreed or if Metallon shall receive notice of claim of patent infringement and Customer shall not immediately give Metallon a written guaranty to save Metallon harmless.
In the absence of specific shipping instructions, Metallon will use its own discretion in choice of method of transportation and carrier. Metallon assumes no responsibility for insuring shipments unless specified by Customer, in which event such insurance shall be based on Customer’s valuation and at Customer’s expense. All claims for damage and loss, whether apparent or concealed, shall be filed by Customer with the carrier. Metallon assumes no responsibility for any such damage or loss.
Any order placed and accepted by Metallon may be cancelled only with the written consent of Metallon, upon payment of all expenses already incurred on the order by Metallon prior to the effective date of cancellation.
It is not the intention of Metallon to knowingly manufacture any product which infringes on any patent. Parts are made by Metallon strictly in accordance with specifications furnished by Customer or commercial standards of the stamping industry. Customer will indemnify Metallon and save it harmless from any and all damages and expenses, including reasonably attorney’s fees, involved in any claim for infringement of patents by reason of the use or sale of parts made by Metallon, whether used separately or as part of a larger unit or complete entity.
15. ADDITIONAL TERMS:
No terms or stipulations, other than those herein provided, shall apply unless agreed to in writing by Metallon and Customer.
Terms & Conditions Revision Date: 10/03/2013 Page 1 of 1