It is generally recognized that even after employing all the science known to our industry and using capable people with many years of training, there still remain variables in the electroplating and metal finishing fields. In order to avoid misunderstandings, The DFI Group: including DiFruscia Industries, DFI–Electroplating and DFI-TCG, aka DFI has adopted the following Terms and Conditions as the custom and usage of the trade. These conditions apply to all sales unless expressly written otherwise.
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. 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 followed. The warranties of merchantability and fitness for a particular purpose are hereby expressly made non applicable.
2. Our liability for any cause is limited to the cost of direct labor and material of product lost or directly damaged by our processing or by two times our processing charges (not including precious metal) on such material, whichever is less. Our charges are based on this limited liability policy.
3. No Claim for shortage will be allowed unless made in writing and presented within ten (10) working days after receipt of materials by the customer or the customer’s consignee. Shrinkage of quantity in processing of up to three percent (3%) shall be allowed without charge or liability.
4. In order to assert a claim, we must be notified in writing of discrepant material within 30 days of receipt and the customer must return the material (or sample of the material) processed by us for inspection. No claim shall be allowed until such inspection is performed by us. Any additional processing, assembly, chemical altering, secondary operation performed or sale to a third party on any such rejects by you or any other party shall constitute a waiver of liability on our part. To satisfy a claim, we will have the right, but not the obligation, to replate or refinish the material at our cost provided the aforementioned has been satisfied.
5. We assume no liability for any loss or damage while in transit to our facility, whether in vehicle owned by the customer, DFI , or any third party acting in our or the customer’s behalf.
6. In the event that results of metal finishing operations are unsatisfactory due to metal imperfections, changes in grade or composition of materials, manufacturing and/or fabrication imperfections, usage for which the plating or other finishing operation was not reasonably designed, and similar variables over which we have no control, the customer will be required to pay the contracted amount for the finishing operation performed.
7. We reserve the right, at our opinion, to reject work or to make an extra charge for finishing any parts below standard cleanliness and surface finish conditions.
8. We assume no responsibility for defective plating or other finish on materials previously plated or finished by others.
9. We shall not under any circumstances be considered as 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 assume will be covered by a separate charge for such coverage.
10. Quotations are open for acceptance ninety (90) days from issuance. After ninety (90) days, prices and terms are subject to change. All quotations must be in writing; Oral quotes are not acceptable and will not be honored.
11. All quotations, orders, or 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. All quotations, orders, agreements and modifications must be made in writing. Oral quotations, orders, agreements, and modifications are not acceptable and will not be honored.
12. A quotation is limited to the specific processes and treatments quoted herein. Processes and treatments not specifically quoted herein will not be provided even if such processes and treatments are referenced in general specifications set forth herein unless this quotation is modified in writing to specifically quote such additional processes and treatments and the changes therefore.
13. All precious metal is invoiced on the fabricated (not bullion) market price of that metal on day of shipment. We bill in such a way as to protect both ourselves and our customers in the event of precious metal market fluctuations.
14. If DFI is given detailed instructions as to the processes and /or treatments to be performed, DFI’s responsibility shall be limited to carrying out those instructions. Type of material, tolerances, and specifications for processing and/or treatments shall be declared in writing prior to DFI’s processing and shall specify all processes (including required preparation) which you require DFI to perform.
15. For special or experimental processing and finishing, our charges are not contingent upon the success of that work or the benefit derived thereof by the customer.
16. Ship dates are approximate and DFI will not be liable for any delay in shipment for any reason.
17. Special tools, racks, and fixtures required for the performance of the work herein described which have been designed and/or built by DFI shall remain our property whether or not the customer is charged with time and /or material in connection therewith.
18. In the event of customer’s cancellation of order, the customer shall reimburse us for the work completed, work in process, and any other expenses incurred in connection with such order.
19. Payment terms are net 30 days for non-precious metal and net 10 days for precious metal, FOB from the respective processing facility. Invoices unpaid on due date shall be considered delinquent and thereafter subject to a FINANCE CHARGE computed by a single monthly rate of one and one-half percent (1.5 %) computed on the delinquent balance until the account is paid in full.
20. All customer’s materials in our possession shall be subject to a general lien for all monies owed us by the customer, whether or not due or payable, or whether or not such monies are owed us for work, labor, services rendered, or materials used in connection with such material.
21. During storage and transportation of customer’s material, customer’s containers used for delivery to DFI shall be used for reshipment and any damage resulting from the use of such containers shall be at the customer’s risk. Should the customer desire other packaging, we may charge for material and handling and will provide such service upon receipt of a written order.
22. Taxes or other Government charges regarding any order are the responsibility of the buyer.
23. 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 Rhode Island
24. The provisions hereof 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 in writing and signed by a duly authorized representative of our company. These terms and conditions shall apply to any order or agreement for the processing of any material.