These Terms and Conditions supersede and replace any previous terms and conditions stated to Buyer and are in effect unless otherwise indicated in writing within the quotation to Buyer or on subsequent purchase or change orders, or agreed upon by both parties.
Hi-Tech Plating® (Seller) shall make every reasonable effort to meet any quoted delivery dates. However, delivery may be delayed without liability in the event of acts of God, floods, fires, strikes, wars, governmental actions, epidemics or pandemics, or other events beyond Hi-Tech Plating’s control which render manufacture or delivery impractical.
Delivery dates requested by Buyer are not binding unless agreed to in writing by Seller. Where a date has been agreed to, and Seller is solely responsible for a delivery delay, damages due to the delay shall be limited to a maximum of 0.1% per day of the purchase price of the delayed product or service up to a maximum of 5% of the purchase price of the delayed product or service. These stated damages shall be Buyer’s sole remedy in the case of delayed delivery of product or service.
Unless otherwise agreed, upon Seller’s completion of delivery terms of the product or service purchased by the Buyer or Buyer’s agent or affiliate, the Buyer assumes the entire risk of damage due to or loss from any cause.
Upon delivery, Buyer will immediately inspect the product and notify Seller if any deficiencies or defects with five days of receipt.
Prices do not include any sales, use or other similar taxes unless so indicated. Prices do not include any freight or transportation charges unless so indicated.
At any time Seller may revise any price or other open term without notice and such revision shall prevail for an order not yet shipped or acknowledged.
Payment shall be made in United State dollars. Seller retains title until full payment by Buyer.
Payment terms are net 30 days from date of invoice.
Hi-Tech Plating has the right to delay or stop delivery if terms of payment are not fulfilled or Buyer’s credit becomes unsatisfactory for any reason.
All offers shall be void unless signed within 30 days of the date of the order or quotation.
No order or quotation is binding on Hi-Tech Plating and no contract is formed until Hi-Tech Plating’s formal acknowledgment of the order on Hi-Tech Plating’s own form is sent to Buyer. Any special terms and conditions noted on the face of Hi-Tech Plating’s quotations on which order is based is incorporated herein by reference and made part hereof.
Nothing in a Hi-Tech Plating Quotation or in these Terms and Conditions shall be construed to be to the benefit of any third party, including Buyer’s customer; nor is it intended that any provision shall be for the benefit of any third party.
There is no material or labor expressed or implied which extends beyond the description stated in contract documents. No persons, including representatives of Hi-Tech Plating, are authorized to make any representation concerning additional material or labor desired without attached change orders or contract riders to which the Buyer agrees and to which Hi-Tech Plating has prepared.
Buyer shall covenant and warrant good faith, complete cooperation, due diligence and honesty in fact in its dealings with Hi-Tech Plating.
The failure of Hi-Tech Plating to insist, in one or more instances, on the performance of any obligations required by Buyer under the terms of the Quotation or these Terms and Conditions shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance.
In no event shall Hi-Tech Plating be liable to the Buyer or to any of Buyer’s customers for any consequential or incidental damage, whether arising in contract, warranty, tort (including negligence), strict liability, products liability or otherwise, including, but not limited to, losses of use, profits, business, reputation, financing, or for any personal injury or property damage resulting from use or operation of the parts or equipment supplier to the Buyer.
Buyer acknowledges that Hi-Tech Plating will be entitled to relief, which may include specific performance and injunctive relief (if appropriate), for breach of the terms of this Contract. In the event of a default hereunder leading to litigation, the party hereto prevailing in such litigation shall be entitled to recover all costs of such litigation, said costs to include, without limitation, attorneys’ fees as described herein, from other parties hereto, who shall be liable for such costs. “Attorneys’ fees” shall include the reasonable fees of an attorney or attorneys for services performed before, during and after any and all trials, appeals, and limitation, proceedings in bankruptcy, whether liquidation, arrangement or reorganization.
All notices, requests, demands and other communications (collectively a “notice”) shall be in writing and shall be deemed to have been duly given if delivered by hand against written receipt or if mailed by United States certified or registered mail, return receipt requested, postage pre-paid, properly addressed as follows, or to such other address as may be specified in a notice given hereunder:
If to Hi-Tech Plating:
Hi-TechPlating
1015 West 18th Street
Erie, PA 16502 USA
Buyer shall not assign any of its rights or delegate any of its obligations hereunder without the prior written consent of Hi-Tech Plating, which consent may be arbitrarily withheld.
If the Seller discloses confidential information to the Buyer, which may include information relating to Seller’s products, services, process, pricing, specifications, or technical information, then Buyer shall only disclose such information to its employees who have a need to know. Further, Buyer shall not disclose, directly or indirectly, such information to any third parties. Buyer shall take any and all reasonable precautions to prevent its employees and agents from disclosing Seller’s confidential information. This obligation shall last until such confidential information is no longer considered by Seller to be confidential.
In the case where Buyer is a distributor or resells the products supplied by the Seller, Buyer shall incorporate these terms and conditions as part of the sale.
If at any time, any dispute, difference, or disagreement shall arise between Buyer and Hi-Tech Plating, then every such dispute, difference, and disagreement shall be referred to a single arbiter agreed upon by the parties for private arbitration under the provisions for Pennsylvania common law arbitration. If no single arbiter can be agreed upon, an arbiter or arbiters shall be selected in accordance with the rules of the American Arbitration Association and such dispute, difference, or disagreement shall be settled by arbitration in accordance with the then prevailing commercial rules of the American Arbitration Association, and judgment upon the award rendered by the arbiter may be entered in any court having jurisdiction thereof. All claims, disputes or other matters in controversy arising out of or relating to a Quotation, these Terms and Conditions, or the work performed for Buyer, or the alleged non-performance or improper performance of the work performed for Buyer, shall be first submitted to mediation, however, at the election of Hi-Tech Plating through a suitable mediation service in Erie County, Pennsylvania as a condition precedent to further dispute resolution proceedings. Claims not resolved by mediation shall be decided by binding arbitration as noted above. As an alternative to mediation and arbitration, Hi-Tech Plating may choose to litigation in the state courts (MDJ and common pleas courts, as appropriate) in Erie, Pennsylvania or the applicable federal courts in the district which comprises Erie, Pennsylvania.
These terms and conditions shall be governed by and construed in accordance with the laws of the state of Pennsylvania.
Effective: May 2023