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PO Box 759
Sheboygan, WI 53082 USA
Phone 920 459 5100
Fax 920 459 5110
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Freight Address:
OPI Inc
2208 South 19 St
Sheboygan, WI 53081 USA
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Standard Terms and Conditions
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Home : Standard Terms and Conditions
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It is generally recognized that even after employing all the science known to us, and capable people with years of training, there still remain variables in coating, cleaning, sandblasting, and other finishing fields. Therefore, in order to avoid misunderstandings, the following Terms and Conditions, which reflect custom and usage of the trade and our business shall apply.
- 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 defects in Material and Workmanship. Customer's specifications must include the most current blueprint and finishing specifications and must advise us of any changes in customer specifications from previous orders. If 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. In the absence of full disclosure by the customer of the use of the material or parts to be processed and finished we assume no liability for subsequent failure or defects. We will not be responsible for damages resulting from manufacturing defects in coating materials including color deviations.
- 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 three times our processing charges, whichever is lesser.
- No claim for shortage in weight or count will be allowed unless made in writing and presented or mailed within three (3) working days after receipt of material or merchandise by the customer or the customer's consignee to whom it was delivered, provided however in non-automated production, a shrinkage of quantity on processing of two percent (2%) shall be allowed without charge or liability. In all jobs involving automatic and semi-automatic production, a shrinkage of quantity in processing of five percent (5%) on initial production and two percent (2%) on production thereafter shall be allowed without charge or liability. At customer's option, these parts will be cleaned and re- coated at customer's expense where possible.
- No returns shall be accepted by us unless prior written authorization to return is issued by us to the customer. We will not be responsible for any sorting, inspection, or similar charges.
- Any material or merchandise found, upon our inspection, to have been improperly processed by us will be refinished without charge provided that:
- VERBAL NOTICE OF DEFECT IS GIVEN WITHIN THREE (3) WORKING DAYS of the date of shipment to prevent subsequent improper processing of material;
- Written notice of defect is given in writing within ten (10) working days from the date of delivery;
- NOTICE OF DEFECT IS GIVEN IN WRITING WITHIN TEN (10) working days from date of delivery;
- WE ARE GRANTED THE OPPORTUNITY TO INSPECT the material or merchandise prior return;
- materials or merchandise RETURNED ARE IN THE SAME CONDITION AS WHEN ORIGINALLY PACKAGED BY US, so
- materials or merchandise RETURNED ARE CAPABLE, IN OUR OPINION, OF BE REFINISHED.
- 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.
- In the event that results of finishing operations are unsatisfactory due to base material imperfections, including those resulting from previous stripping, reworking, or recoating of a previously coated substrata, changes in grade or composition of materials, manufacturing and/or fabrication imperfections, usages for which the coating or other finishing operations was not reasonably designed, and similar variables over which we have no control, the customer would required to pay the contracted amount for the finishing operation performed.
- We assume no responsibility for defective plating or other finish materials or merchandise previously plated or finished by others.
- We shall not under any circumstances, be considered as an insurer of customer's material or merchandise and shall not be liable, regardless of cause, for loss by fire, explosion, theft, pilferage, vandalism, casualty or acts of God while such material or merchandise is in our possession. The provisions of the section may be altered or modified by separate written agreement and any liability we assume will be covered by a separate written agreement and any liability we assume will be covered by a separate charge for such coverage.
- Quotations are open for acceptance thirty (30) days from issuance. After thirty (30) days, prices and terms are subject to change unless otherwise specified.
- 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,) accidents 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.
- We reserve the right, in our sole discretion, either to reject work or to make an extra charge for finishing any base material below our agreed standard.
- Our processing and finishing charges are not contingent upon the success of the work benefit derived therefrom by the customer.
- 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 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 us shall be and remain our property whether or not customer is charged for the same.
- In the event of customer's cancellation of order, the customer shall reimburse us for all completed, work in process, and for tooling and engineering expenses incurred in connection with such order, together with a cancellation fee equal to lost profit on the canceled work.
- 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 us owing to us for work, labor or services rendered, or materials or equipment use in connection with such merchandise.
- During storage or transportation of customer's material or merchandise, customer's containers used for delivery to us shall be used for reshipment and any damage resulting from the use of such containers shall be at customer's risk. Should customer desire other packaging or containers, we will charge for material and handling and will provide such service upon receipt of written order.
- We assume no liability for distortion or damage of merchandise or material resulting from any cleaning or finishing process.
- Invoices unpaid on due date shall be considered delinquent and thereafter subject to a FINANCE CHARGE computed by a single monthly period rate of two percent (2%) being an ANNUAL PERCENT RATE of twenty-four (24%).
- The provisions hereof constitute the entire agreement between the parties. Any charges, alterations, waivers, or modifications with respect either as to the job performed or terms of sale, or any other matter set forth herein must be in writing, signed by a duly authorized representative to the customer. These terms and conditions shall apply to any order or agreement for the processing of any material or merchandise. There are no warranties which extend beyond the description on the face hereof or as set forth in these Standard Terms and Conditions of Sale.
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