TERMS AND CONDITIONS(Barkens And Customers)
BHC’S Acceptance of customers purchase order is conditioned upon customer’s acceptance of the following terms and conditions, or as otherwise agreed, adjusted or waived. Terms are in addition to those imposed by the procuring documents. This applies to quotes and orders accepted by BHC. When a conflict exists, these Terms and Conditions agreed upon in writing by Barkens shall take effect. Errors will be resolved when mutually agreed.
1. Price. Shipping prices are subject to change without notice. Price adjustments attributed to labor, raw material, tooling, handling, transport, overheads, overtime and related processing cost be invoiced to customer. If a delivered price has been quoted, additional handling, storage or services cost is the customers responsibility. BHC reserves the right to correct any errors in prices.
2. (RFQ)Request For Quotes. Quotations are limited to those processes, service and treatments provided in the quote. Special processes (thermal, machining, peening, cleaning, inspection, test, etc.) not indicated may not be quoted unless clearly specified. A quote modification may be requested by customer to fix issues and/or address discrepancies. Customer shall acknowledge that, unless provisioned on RFQ documents, BHC doesn’t have process histories of parts relative to risk in fabrication, shipment, processing, packing, handling, marking, implied pre and post treatments, etc. BHC will not be responsible for the omission of the above issues, unless such instructions are clearly defined.
3. Certified Processes. BHC performed only the specific processes and treatments noted on Certificate of Conformance or processes quoted. BHC claims no responsibility for omission of special process treatments, even those referenced in specifications, unless specifically requested.
4. Process/Service Warranty. When a detailed customer instruction is provided to processparts,BHC warrants to reasonably follow the instruction but makes no other warranties, regarding the service provided. If within thirty (30) days from the date of shipment the Customer notifies BHC that provided services do not meet the procuring document requirements, BHC will arrange to correct the discrepancy by reworking the defective parts/process. Customer shall pay transportation charges, unless otherwise arranged.
5. Limited Liability. Compensation on customer parts, damaged while at BHC should not exceed an amount equal to three (3) times the processing charges. As a contingency of the liability claimed, BHC may request results of end-user disposition. Parts dispositioned as “Use-As-Is”, or reclassified/re-graded as useable parts are not entitled to this liability. BHC is not responsible for unsatisfactory coating caused by metal imperfection, fabrication imperfections, usages for which the coating was not designed or conditions over which BHC has no control. In such cases, customer remains responsible to pay the contracted price. Shortages in weight or count must be made in writing within three (3) working days after receipts of commodities by the customer or their consignee. Work on salvaged parts shall be at “Best Effort” only, with no attached liability, unless previously agreed in writing by BHC prior to beginning the job. In no case shall BHC be liable for incidental, consequential or unforeseen damages.
6. Unforeseeable Circumstances: BHC shall not be liable for failure to meet contract requirements caused beyond its control. This includes acts of nature(i.e.,weather,government directives, mandates, restrictions, riot, labor strike, fire,pandemics, health/environmental lockdowns, transportation delays or shortages and inability to obtain raw materials, services, energy or utilities through usual and regular sources at regular prices. In any such event, BHC mayat any time postpone or arrange viable solutions to meet contract requirements, partially fulfil, delay, or cancel all or a portion of the contract that BHC and customer deems reasonable. Cancellation of any part of the contract shall not affect Customer’s duty to pay for previous shipped commodities.
7. Shipment/Delivery: Shipment shall be in accordance with the instructions issued by customers. Unless specified, deliveries are FOB point of shipment. Once itemsor commodities are loaded on delivery vehicles, customer assumes responsibility as to risks, associated with loss or damage to commodities. Delivery dates are approximate and are not guaranteed.
8. Acceptance: Processed or serviced parts are presumed to be inspected and accepted at the point of receipt, unless arranged otherwise. BHC shall be notified within 14-working days of customer’s receipt, when discrepancies such as damages, shortages, failures or non-conformities exist. Customer rejects needing process repairs, must be returned within 10 working days, when discrepancy was noted. BHC to evaluate, confirm, resolve or rework parts. Parts that have undergone added manufacturing operations such as grinding, machining installation, assembly, abrasive cleaning, exposed to incompatible conditions, put on service or added processes, other than those agreed or permitted, etc. will nullify coating/service warranties and will not be accepted as rejects. BHC should not beliable for such reworks.
9. Indemnity Waiver. Customer shall indemnify and hold harmless BHC against loss or damage sustained directly by
BHC from claims related to
- failing to follow specifications, instructions, warnings or recommendations furnished
- failing to comply with all applicable legal requirements, including but not limited to the Occupational Safety and Health Act of 1970, as amended
- misuse of goods.
- making misrepresentations
- being solely or contributorily negligent.
- providing designs, plans, specifications or other instructions which infringe or are alleged to infringe any patent, trademark, copyright or other intellectual property right. Customer hereby waives and releases BHC from all right of contribution or indemnity. The term “BHC” shall include Barkens Hard Chrome’s management officers, managers, agents, employees, subcontractors, parents, subsidiaries, divisions and affiliates.
10. Taxes/Environmental/Other Charges. All taxes or charges imposed by federal, state, local or foreign governments authorities on the manufacture, sale, shipment, import, export, or use of the goods or in connection with the services supplied hereunder (other than income taxes) shall be paid by Customer. Customer shall defend, indemnify, and hold harmless BHC from and against all liabilities for such taxes or charges and attorneys’ fees or costs incurred by BHC in connection therewith.
11. Payments - Unless otherwise agreed by management, payments to BHC shall be made in United States dollars within thirty (30) days after the date of invoice and are subject to a 1.5%monthly service charge. Payment terms applied for and authorized by BHC, in advance and in writing, are the only permitted payment terms and recognized by the Customer as a condition of completed work performed. Payments to orders outside of the United States shall be as arranged. When collection agencies are used, Customer shall be liable for all costs of collection, including attorneys’ fees.
12. Notices.BHC provided notices shall be deemed to have been duly given if delivered or mailed first class, registered mail, postage prepaid, or via any overnight courier, to the addresses set forth on the face of this document or to such other address as is reasonably appropriate.
13. Miscellaneous. The terms of this contract shall be governed/interpreted in accordance with the laws of the state of California or other states in which BHC’s facility is located. Any litigation under this contract if commenced by Customer shall be brought in the U.S. District Court for the judicial district in which BHC is located or, if such court does not have jurisdiction, then the state court in the county in which BHC is located, and Customer shall accept venue in such court. No modifications to this contract shall be binding upon the BHC unless in writing signed by BHC’s management or authorized representative. No waiver by BHC of default by Customer shall be deemed a waiver of any subsequent default. The captions used herein shall have no substantive significance. The invalidity, illegality or unenforceability of any one or more provisions hereof shall in no way affect or impair the validity, legality or enforceability of the remaining provisions hereof, whichshall remain in full force and effect. This contract may not be assigned by the Customer without the prior written consent of BHC.
14. WARNING: Some plating products contain chemicals (such as Cadmium, Chromium,Nickel and Lead Etc.) that are identified by the State of California as carcinogens or reproductive toxins. Contact BHC for further information if you believe the intended use of the product may cause persons significant risk of exposure to such chemicals.