Acceptance of orders by Precise is expressly limited to the terms and conditions contained herein. Any terms proposed by the Purchaser are hereby rejected unless accepted by Precise in writing.
1. Precise liability for any cause is limited to the cost of direct labor and materials directly damaged by Precise processing or two (2) times Precise’s processing charges on such material, whichever is lesser. Only if agreed to in writing will Precise assume greater liability. If greater liability is agreed to, a higher charge may be made for Precise’s services.
2. Whenever Precise is given material with instructions as to processing requirements, Precise’s responsibility shall end with the carrying out of those instructions.
3. Types of materials, tolerances and specifications for processing shall be declared in writing prior to Precise processing. Precise is not responsible for incomplete or incorrect instructions from the Purchaser.
4. Precise order acceptance and payment terms are subject to credit investigation and approval.
5. The Purchaser shall retain title and risk of loss for all materials/parts provided to Precise. Any exceptions must be agreed to in writing between Precise and Purchaser.
6. Rack marks will be permissible and unless specifically directed otherwise are left up to Precise's discretion as to the number, size, and location.
7. Materials/Parts, etc. processed by Precise shall be presumed to be accepted by Purchaser if Precise is not notified in writing of damages, shortages, or other discrepancies within five (5) working days of Purchaser’s receipt.
8. Unless otherwise specified in writing, Precise requires a 2% scrap allowance.
9. Rejected material/parts must be returned to Precise for rework. Further processing or assembly of unsatisfactory material/parts by Purchaser or any other party shall constitute a waiver of any liability on Precise’s part.
10. Precise assumes no liability for any loss or damage while in transit to our facility, whether in vehicle owned by the Purchaser, Precise, or any third party acting in Precise’s or the Purchaser’s behalf.
11. Where operations or processes performed by Precise are in the nature of "salvaging" material/parts or if the material/parts are to be stripped and reprocessed after being processed by others, the work is accepted on a "best effort" basis and no liability shall attach to Precise unless previously agreed upon in writing prior to processing the job. Whether or not the attempted salvage operation is successful, Precise will bill for and be paid for all time and material expended in this effort.
12. In the event that results of processing operations are unsatisfactory due to metal imperfections, changes in grade or composition of materials, manufacturing and/or fabrication imperfections, usages for which the processing or other finishing operations was not reasonably designed or similar conditions over which Precise has no control, the Purchaser would be required to pay the contracted amount for the processing operations performed.
13. All orders are quoted FOB Precise, unless otherwise agreed to in writing.
14. In the event of Purchaser’s cancellation of order, the Purchaser shall reimburse Precise for the work completed, work in process, and any other expenses incurred in connection with such order.
15. Invoices unpaid on due date shall be considered delinquent and thereafter subject to a finance charge computed by a monthly rate of two percent (2 %) computed on the delinquent balance until the account is paid in full.
We believe these conditions are realistic and reasonable and will enable Precise to provide quality metal finishing at a competitive price. Your placing of orders with Precise shall indicate your acceptance of our limitation of liability and other conditions set forth herein.