Terms and Conditions
These terms and conditions shall apply to any order or agreement for the processing of any materials or merchandise.
1) Quotations are valid for thirty (30) days from issuance. After thirty days, prices and terms may be subject to change without notice.
2) All orders are FOB our dock. We assume no liability for any loss of or damage to merchandise or material while in transit to or from our factory, whether in trucks or vehicles owned by us, the customer, or any third person acting in our or the customer’s behalf.
3) Deliveries made by us within ten (10) days of the time specified shall be deemed in full compliance with our agreement. It is agreed that we shall have the right to make partial or installment deliveries, for which the customer shall pay at the contract price. Defective delivery or non-delivery with respect to any installment or partial delivery under this contract shall be a severable breach and shall not give the purchaser the right to treat the entire contract as breached.
4) Any cancellation of an in-process order by customer shall be valid and effective only if accompanied by payment of an amount equal to twice the cost of actual labor and materials we have devoted to performance of the order, plus ten percent (10%) of the total contract price. Such amount shall be as and for liquidated damages and not as a penalty.
5) All customer’s merchandise in our possession shall be subject to a general lien for all monies owing by the customer to us, whether or not due or payable, and whether or not such monies are owing to us for work, labor or services rendered, or materials or equipment used in connection with such merchandise.
6) Unless agreed in writing prior to the start of work, special tools, racks, and fixtures required for the performance of the work described herein, built by us or a third party, shall be and remain our property whether or not customer is charged for time and/or material in connection herewith.
7) For special, experimental, or developmental processing and finishing our charges are not contingent upon the success of the work or the benefit derived therefrom by the customer.
8) We the reserve the right to reject material that, in our opinion, is not suitable for plating or finishing. Customer may request that the work proceed and we reserve the right to make an extra charge for finishing that material and make no warranty for the success of the processing.
9) We assume no responsibility for defective plating or finishes on materials previously plated or finished by others. Rework at customer expense may include stripping of the existing finish by AST, return of the material to the customer for mechanical rework as required, and then plating or finishing by AST.
10) Salvage work is performed on a “best efforts” basis. AST accepts no liability for value of part(s) and expects to charge for its time and materials regardless of results.
11) Customer containers used during storage and transportation of customer’s material, shall be deemed suitable for the material and shall be used to return customer’s material. Damage resulting from using such containers shall be at the customer’s risk. Should customer desire other packaging or containers, we will charge for materials and handling and will provide such service upon receipt of written order.
12) We warrant that processing and finishing shall meet customer’s written specifications supplied with the order and that such processing and finishing shall be free from defect in material and workmanship.
a) AST does not provide or maintain insurance to cover manufacturing costs, including labor and material up to finishing. Our liability for any loss, including, without limit, direct, indirect and consequential damage, is limited to the customer’s cost of the material or merchandise or our processing and finishing price for such material, whichever amount is the lesser.
b) When customer specifies methods and procedures to be followed, we shall perform the work as directed. We assume no responsibility for the correctness of such methods and procedures, or the result when they are followed. We do not warrant that material furnished by customer for this work is suitable for processing and finishing.
c) No claim for shortage in weight or count, or defect in quality, whether latent or patent, will be allowed unless presented in writing within ten (10) working days after receipt of material by customer or the customer’s consignee to whom it is delivered. The customer hereby expressly assumes the responsibility for discovering such shortage or defect within such time.
d) Upon inspection by us, any material found to be defective in workmanship or material will be refinished by us without charge upon delivery to us, FOB our plant, provided that such materials are returned in the same condition as when originally shipped by us.
e) No claim will be allowed for shrinkage, expansion, deformity, rupture, breakage, or other alteration of material, except by special separate written agreement.
f) This warranty is in lieu of any and all other warranties, expressed or implied.
13) All quotations, orders or agreements, or any modifications thereof, may be voided by occurrences beyond our control, including but not limited to, strikes, boycotts, accidents, 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. Should we notify you of our inability to perform any agreement for such causes, you are required at your own cost and expense, to pick-up at our factory the raw, unfinished materials belonging to you.
14) The provisions hereof constitute the entire agreement between the parties. Any changes, alterations, waivers or modifications with respect either as to the job performed or the terms of sale, or any other matter set forth herein must be in writing, signed by a duly authorized representative of the company.
15) With the exception of specifications required to perform the customer requested plating or finishing, our selling terms and conditions supersede any and all of purchaser’s terms and conditions. Sending parts for processing at AST constitutes an agreement to this condition.