ALLBLACK CO. INC’S TERMS AND CONDITIONS
The following terms, conditions and covenants shall apply to this and all future work done for your company, in the event suit is commenced to collect overdue accounts you agree to pay all court costs plus reasonable attorney’s fees. All customer furnished materials shall be subject to our inspection and acceptance. Our total liability for scrap, defective work, lost parts, rework whether due to our own negligence, or otherwise, shall be limited to the lesser of the cost of either: a) direct labor and material of the product directly damaged by our processing or b) three times our processing charge for such part. Unless otherwise agreed to in writing prior to our processing, compensation will only be given in the form of a credit towards future processing with us. No warranties, express or implied, are made by us in connection with this order unless otherwise noted. Salvage work is accepted on best effort basis with our liability being limited to the charge for processing unless other written arrangements have been made prior to processing. Your placing additional orders with us shall be conclusively presumed to include your acceptance of our limitations and other provisions herein set forth. All claims for any discrepancies must be made in writing 5 days after receipt of goods.
Customers shall supply with scrap material for testing purposes in the event that destructive testing is required. Separate representative test specimens may be utilized. These test specimens shall be supplied by the contractor. Such test specimens shall be cut from scrap items or made from the same alloy, heat treated in the same manner, and surface finished by the same process as the items they represent.
In the event that no scrap test specimens are supplied for inspection and testing purposes, according to our sampling plans for testing per specifications requirements, customers shall acknowledge a scrap rate of 2 to 13 pcs taken from the actual lot, only when destructive testing is necessary to satisfy specification requirements.