It is generally recognized that even after employing all of the science known to our industry and using capable people with years of training, there remain variables in the anodizing and metal finishing field. Therefore, in order to avoid misunderstanding, Huggins Metal Finishing, lnc. DBA Sullivan Precision Metal Finishing (SPMF) has adopted the following Terms and Conditions as the custom and usage of the trade.

1.       We warrant that processing and finishing shall meet customer's specifications supplied in writing with the order and that such processing and finishing shall be free from defect in material and workmanship. lf the customer specifies methods and/or procedures and they are deemed to be an incorrect process; we will assume no responsibility for the accuracy of such methods and/or procedures or the results. The warranties of merchantability and fitness for particular purposes are hereby expressly made non-applicable.

2.       Our liability for any cause is limited to the customers cost of direct labor and material of product loss or SPMF’s quoted price of 2 ½ times processing charges whichever is less. Our charges are based on this limited liability policy.

3.       Upon Sullivan Precision receiving customer parts the receiving operator must contact the Customer if there is a quantity discrepancy. The job will be placed on hold until the corrected quantity is received on a revised purchase order. In the event we receive damaged parts the receiver will place the order on hold and contact the Customer to get guidance before processing parts.

During processing if parts are lost or damaged during processing at fault of Sullivan Precision and deemed to be scrap Sullivan Precision will only be liable for 2 and a ½ times the processing or quoted price. (For example, If the Customer is paying $100.00 Ea. To process a part Sullivan Precision will be responsible to pay $250.00 Ea.)

4.       Any material found, upon our inspection, to be improperly processed by us will be furnished without charge provided:

a.       Notice of defect is given in writing within ten (15) days from the date of delivery, ( see rework agreements for specifics).

b.       We are given the opportunity to inspect the material or merchandise prior to return.

c.       Materials are returned in the same condition as originally delivered by us.

d.       Any defect must be reported by the customer prior to any assembly or fabrication which methods may cause errors or defects.

Any processing or assembly of "reject parts" by customer or any other party shall constitute a waiver of liability on the part of SPMF.

5.       We assume no liability for loss or damage while in transit to our facility, whether in a vehicle owned by the customer or any third party.

6. Unsatisfactory results due to metal imperfections, changes in grade or composition, manufacturing and/or fabrication imperfections, usage for which the plating or other finishing operation was not reasonably designed, or other variables in which we have no control, will require payment of the contracted amount for finishing operations performed.

7.       We reserve the right to reject work or add surcharges for finishing any base metal below our agreed standard.

8.       We assume no responsibility for defective plating, anodizing, or other finish on materials previously plated or finished by others.

9.       We shall be considered an insurer of customers parts due to causes for loss by fire, explosion, theft, pilferage, vandalism, casualty or acts of God while parts are in our possession.

10.       Quotations are open for acceptance ninety (90) days from issuance. After ninety (90) days, prices and terms are subject to change without notice, unless otherwise specified. All quotations must be in writing. Oral quotes are not acceptable and will not be honored.

11.       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 facility, your facility, the facility of any supplier, either of the customer or ourselves, or elsewhere), accident, theft, fire, 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.

12.       All quotations are limited to the specific processes and treatments quoted therein. Processes and treatments not specifically quoted therein will not be provided even if such processes and treatments are referenced in general specifications unless said quotation is modified in writing to specifically quote such additional processes and treatments.

13.       Unless specifically set forth via quote, purchase order and/or specifications, SPMF does not know the handling, manufacturing, or processing history of parts and materials provided for processing and is not responsible for the omission of pretreatment processes such as cleaning, grit blasting, stress relieving, etc.

14.       Upon receiving detailed instructions for processes and treatments, SPMF's responsibility shall be limited to carrying out those instructions. Type of material, tolerances, and specifications shall be declared in writing prior to all preparation and processing.

15.   For special or experimental processing and finishing, our charges are not contingent upon the success of the work or the benefit derived.

16.   SPMF shall reserve the right to make partial or installment deliveries for which the customer shall pay at the contracted price. Defective delivery or non-delivery under this contract shall be a severable breach, however, shall not give the customer the right to treat the entire contract as breach.

17.   Tools, racks, fixtures, and equipment necessary to complete contracted work does not constitute ownership and said equipment shall remain the sole property of SPMF.

18.   Customer agrees not to use or disclose any information to a third party that it now has or may acquire in the future regarding any equipment, processes, or procedures used by SPMF. Violation of these terms shall constitute grounds for legal action and/or monetary damages.

19.   Unless otherwise specified on the contract, Sullivan Precision will be permissible to rack parts at the discretion of Sullivan Precision.

20.   ln the event of cancellation by the customer, customer shall reimburse SPMF for work completed; work in process, and for tolling and engineering expenses incurred.

21.   Customer's materials in SPMF's possession shall be subject to a Hold due to delinquent monies owed past the Net 45-day payment terms for services, labor, materials, and/or equipment charges in connection to all services past and present.

22.   Finished materials will be stored and transported in the customer's original containers used for delivery to SPMF. Damage resulting from the use of these containers shall be the responsibility of the customer. Alternative packing options are available and must be requested in writing. A material and handling fee will be charged.

23.   Terms for payment of invoices are as follows: 0.5% 15 Days, Net 45 Days. Discount is only accepted if payment is received by Huggins Metal Finishing, Inc., within 15 days of date of invoice. After invoices have past 45 days, no parts in house will be shipped until account is up to date. If parts are processed with an expedite fee and are on hold for payment, the Customer will still be responsible for those fees.

24.   The provisions of the Uniform Commercial Code shall govern these Terms and Conditions unless provided to the contrary. All interpretation of the terms of the transaction shall be governed in accordance with the laws of the State of Missouri.

These provisions constitute the entire agreement between the parties. Any changes, alterations, waivers, or modifications with respect to the job performed or the terms of the sales, or any other matter set forth herein must be in writing and signed by a duly authorized representative of our company. These terms and conditions shall apply to this and any future order or agreement for the processing of a material.