TERMS & CONDITIONSNew England Electropolishing
Terms & Conditions
It is generally recognized that even after employing all the science known to our industry and using capable people with years of training, there still remain variables in the electropolishing, passivation and metal finishing fields. Therefore, on order to avoid misunderstanding, New England Electropolishing Co., Inc. has generally adopted the National Association of Metal Finishers Terms and Conditions as the custom and usage of the trade.
- New England Electropolishing (“NEE”) warrants that processing and finishing shall meet customer’s specifications supplied in writing with the order and that such process 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 followed.
- No claim for shortage in count will be allowed unless made in writing via email only sent to email@example.com within ten (10) business days after receipt of materials by the customer or the customer’s consignee, provided however, a shrinkage of quantity in processing of five percent (5%) shall be allowed without charge or liability.
- Any material found to be improperly processed by NEE will be furnished without charge provided that:
- That notice of defect is given in writing via email only sent to firstname.lastname@example.org within ten (10) business days from the date of delivery,
- That NEE is given the opportunity to inspect the material or merchandise prior to return.
- That materials returned are in the same condition as when originally shipped by NEE. Additional processing, marking, welding, assembly or use of any such rejects by customer or any other party shall constitute a waiver of any liability on NEE’s part.
- NEE assumes no liability for any loss or damage to material while in transit to our facility, whether in vehicles owned by the customer or any third person acting in NEE’s or the customer’s behalf.
- In the event that results of metal finishing operations are unsatisfactory due to design defects, metal imperfections, changes in grade or composition of materials, manufacturing and/or fabrication imperfections, usage for which the electropolishing, passivation, 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.
- We reserve the right, at our opinion, to reject work upon inspection of raw material provided by customer, and/or to assign an extra charge for finishing any base metal below NEE’s standard.
- We assume no responsibility for defective electropolishing, passivation or other finish on materials previously finished by others.
- 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.
- Our payment terms are Net 30 days for accounts with approved credit. All payments must be in US dollars. Parts will be received and shipped F.O.B. Fall River, MA, and customer shall be solely responsible for the costs thereof.
- 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.
- 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 under this contract shall be a severable breach and shall not give the customer the right to treat the entire contract as breached.
- Special tools, racks, and fixtures required for the performance of the work herein described which have been designed and/or built by NEE shall remain our proprietary property whether or not the customer is charged with time and/or material in connection therewith.
- The customer agrees not to use or disclose any information to a third party that it now has or may acquire concerning racking, fixturing, fixture fabrication, precleaning, chemical processes, or procedures we use in our metal finishing process. If the customer violates any of the terms herein provided, the customer shall be liable to New England Electropolishing for its damages.
- Rack marks will be permissible and, unless specifically directed otherwise, are left up to NEE’s discretion as to the number, size, and location.
- 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, and whether or not such monies are owed us for work, labor or services rendered, or materials or equipment used in connection with such material.
- During storage and transportation of customer’s material, customer’s containers used for delivery to New England Electropolishing Co., Inc. shall be used for reshipment and any damage resulting from the use of such containers shall be at the customer’s risk. Should customer desire other packaging, we will charge for material and handling and will provide such service upon receipt of a written order.
- Unless otherwise specified, parts will be packaged in the same manner as received, using packaging materials supplied by the customer.
- NEE performs sample visual final inspections in accordance with Squeglia Zero Acceptance Number Sampling Plan (5th Edition) AQL 1.0, unless otherwise defined and agreed upon in advance by NEE and customer. Non-conforming product will be identified and subject to customer disposition. Additional fees will apply to special or additional sampling and/or inspection protocols requested by the customer.
- Quoted estimated delivery days excludes Saturdays, Sundays, and holidays. Actual delivery will be established upon receipt of parts, Purchase Order, and all required processing information. Under no circumstances shall NEE be liable to customer for any delays in shipping caused by third party shipper.
- Parts are processed in accordance with your Purchase Order requirements (not the quote request). Please include all applicable requirements on the Purchase Order, including the revision level of all applicable specs (NADCAP requirement).
- All balances over 60 days old shall be considered delinquent and thereafter subject to a finance charge computed by a single monthly periodic rate of 1.5%.
- The provisions of the Uniform Commercial Code shall govern unless these Terms and Conditions provide to the contrary. All interpretation of the terms of the transaction between the parties shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts.
- The provisions hereof constitute the entire agreement between the parties. Any changes, alterations, waivers, or modifications with respect either to the job performed or the terms of sale, or any other matter set forth herein must be in writing and signed by a duly authorized representative of NEE. These terms and conditions shall apply to this and any future order or agreement for the processing of any materials.
- Quotations are open for the stated duration of the quotation. If the quotation does not identify an expiration date it will automatically expire sixty (60) days from issuance. After sixty (60) days, prices and terms are subject to change by NEE without further notice to the customer.
- 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 factory, your plant or factory, the plant or factory of any supplier, either of the customer or of ourselves, or elsewhere), accident, 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.
800.672.6616 or 508.672.6616
220 Shove Street Fall River MA 02724
Our office hours are 8:00 AM to 5:00 PM Monday through Friday. We do answer our phone, so please don’t hesitate to call!