Terms and Conditions
The members of the Metal Finishing Association of Southern California and the National Association of Metal Finishers wish to remind you (customer) of the established practices of the metal finishing industry in processing your materials. These practices have been formalized and unanimously adopted by the members of these Associations and Associated Plating Company, Inc.
(APC) as a Statement of Policy. It is generally recognized that even after employing all of the science known to APC, and capable persons with years of training and experience, there still remain hazards in the electroplating and metal finishing fields.
As a consequence, in order to avoid misunderstandings, APC hereby sets forth the Terms and Conditions under which your
material will be accepted for processing, and you agree these Terms and Conditions are made a part of, and are incorporated into our contractual relationship:
1. Payment terms:
Net 10 terms for product processed with precious metals, Net 30 terms for all other processes, and 1 ½ %/10 Net 30.
2. Whenever APC is given work for processing with detailed instructions as to treatment, APC’s responsibility shall end with the carrying out of those instructions. Type of material, tolerance and specifications for processing shall be declared in writing prior to our processing.
3. APC’s liability for any cause is limited to the lesser of the cost of either the direct labor and material of the product damaged
by APC’s processing or:
- One times APC’s processing charges for product processed with precious metals.
- Two times APC’s processing charges for product processed without precious metals.
- If the order is a minimum lot, the minimum lot charge divided by the quantity of parts in the order is the calculation to be used in order to establish a unit price for each part.
Compensation will only be given in the form of credit towards future processing unless agreed otherwise in writing prior to processing the job.
4. Liability greater than that outlined in Paragraphs 2 and 3 will be assumed by APC only when so agreed upon in a prior writing with you. In such event, a higher charge will likely be applied for APC’s services.
5. Parts, materials, etc. as processed by APC shall be presumed to be accepted as satisfactory by you if APC is not notified of damages, shortages or other discrepancies within ten (10) working days of your receipt of the same. Rejected parts must be returned to APC for rework. Further processing or assembly of rejected parts, materials, etc., by you or any other party shall constitute a waiver of any liability on APC’s part. You, as customer, expressly represent and warrant to APC that your parts, pieces, components and materials, of any nature or kind, do not contain per-and polyfluoroalkyl substances (PFAS). To the extent of any contamination of APC’s lines, systems or environment in the broadest sense, you agree to defend, indemnify and hold APC harmless from and against any claim, demand, suit, action, demand or damage arising from, related to, or concerning PFAS contamination.
6. Where operations or processes performed by APC are in the nature of “salvage” or “salvaging” parts or material, the work is accepted on a “best effort” basis and no liability shall attach to APC unless previously agreed upon in writing prior to processing the job.
7. In the event that results of the metal finishing operation(s) are unsatisfactory due to metal imperfections, changes in grade or composition of materials, manufacturing and/or fabrication imperfections, usages for which the plating or other metal finishing operation was not reasonably designed, and similar variables over which APC has no control, the customer will be required to pay the contracted amount for the finishing operation(s) performed.
8. These Terms and Conditions supersede all prior written or verbal terms and conditions. Furthermore, at the time and date material is processed, these Terms and Conditions supersede all prior terms and conditions under which APC will accept material for processing.
In the event that credit is due to the customer within the above conditions, said credit will be given towards future work and shall not be paid by APC in cash.
Minimum charges for multiple processes will be evaluated based on part size, quantity and estimated labor to complete the processes. No Minimum Charge List can alone accurately provide the most competitive price for your parts without a thorough review of your blueprints and plating requirements.
If APC brings an action to enforce an account or to declare its rights, the prevailing party in such action shall be entitled to an award of its reasonable attorney’s fees and costs. The parties acknowledge and agree this contract is entered into in Santa Fe Springs, CA.