Terms and Conditions of Sale

 

  1. We warrant that the materials furnished shall meet Customer’s specifications in writing with the order and that such materials 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.  In the absence of full disclosure by the Customer of the use of the material or parts to be furnished, we assume no liability for subsequent failures or defects.

 

  1. We warrant that the materials furnished shall meet Customer’s specifications in material and 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.

 

  1. No rejects or returns will be accepted without receipt of written authorization prior to shipment of product.

 

  1. Our liability in any cause is limited to the cost of direct labor and materials of parts or material furnished on this invoice or packing list, and the Customer’s exclusive and sole remedy shall be to secure replacement of such material.

 

  1. No claim for shortages in count will be allowed unless made in writing within ten (10) workings days of receipt.

 

  1. We assume no liability for any loss of or damage to materials or parts furnished by us while in transit to or from our plant.  Claims for loss in transit must be made against the Transportation Company.

 

  1. We assume no responsibility when methods and procedures are specified by the Customer resulting in defective heat treating or plating or other finished on material or parts to be furnished by Keyes Quality Metals & Engineering.

 

  1. Quotations are open for acceptance thirty (30) days from issuance.   After thirty (30) days, prices and terms are subject to change without notice, unless otherwise specified.

 

  1. Blanket orders are to be shipped within 12 months of initial order date.

 

  1. Deliveries made by us within ten (10) workings days of the time specified in the Customer’s purchase order shall be deemed in full compliance with our agreement.  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 with respect to any installment or partial shipment under this contract shall be a servable breach and shall not give the Customer the right to treat the entire contract as breached.

 

  1. Special tools, dies, and fixtures required for the performance of the work herein described which have been designed and/or built by Keyes Quality Metals & Engineering shall be and remain our property whether or not the Customer is charged with time and/or material in connection therewith.

 

  1. All goods shipped by Keyes Quality Metals & Engineering to Customer shall be deemed conclusively to have been accepted by Customer if not rejected within 30 days from the date of invoice.  The warranty of Keyes Quality Metals & Engineering with respect to materials or parts furnished by Keyes Quality Metals & Engineering shall not extend beyond said 30-day period.

 

  1. In the event of the Customer cancellation of any purchase order, the Customer shall reimburse Keyes Quality Metals & Engineering for the work completed, work in process, and for materials, tooling, and engineering expenses incurred in connection with such purchase order.

 

  1. Invoices unpaid on the assigned due date shall be considered delinquent and thereafter will be subject to a  FINANCE CHARGE computed by a single monthly PERIODIC RATE of 1.5%.

 

  1. The provision of the uniform Code shall govern, unless the Terms and Conditions herein provide to the contrary, and all interpretation of the terms of the transaction between the parties shall be governed by the laws of our state of Massachusetts.

 

  1. The provisions hereof constitute the entire agreement between the parties.  These terms and conditions shall not be superseded by any other document by any customer or other entity. Any change, alterations waivers, or modifications with respect, whether as 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 from our Company.  These terms and conditions shall apply this and any further orders or agreements for the furnishing of any material or parts by Keyes Quality Metals & Engineering.