This document applies to any contract formed between the Customer and Metal Finishings Ltd (hereafter: MFL) for the provision of plating, anodising, surface finishing or testing services.
These are the only terms and conditions on which MFL accepts any order and take precedence over the Customer's terms and conditions (if any). These terms may only be varied by the written consent of the MFL Operations Manager or MFL Managing Director. We may modify these terms from time to time.
The Customer must flow all relevant requirements of the end customer which are necessary for the processing of the order. The customer is liable for are failure to adequately flow down information.
The Customer is responsible for ensuring that MFL have the latest issue of specifications, standards, drawings and other technical information. The exception to this is that MFL takes responsibility for ensuring it has the latest issue of documents published by the following bodies (specification prefixes in brackets): BSI (BS), CEN/CENELEC (EN), ISO (ISO), SAE (AS, AMS), ASTM (ASTM), UK DSTAN (Def Stan), US DoD (MIL, FED).
Electronic File Formats
When communicating with MFL using electronic means,only file formats that have been standardised by the International Organisation for Standardisation (ISO) will be used to transmit documents to us. The following file formats are preferred: ISO 32000-1 Portable Document Format (PDF) and ISO/IEC 26300 OpenDocument Format (ODF).
At our discretion, we may accept other file formats.
Quotations are an indication only and not binding nor a commitment to supply. Quotations are non-transferable. Order Acceptance An order is only accepted once parts received and it has been contract reviewed by us and booked into our job management system.
Completion of Orders
An order is completed when a job is completed at our factory and is available for collection (whether by the customer, a courier or our own transport). The customer is entitled to cancel their order if MFL exceeds a promised delivery date by more than two weeks if MFL is responsible for the delay but we will not be liable for any further consequences of this late delivery (for example lost profits, penalities etc.).
Cancellation of Orders
MFL may cancel an order if we believe that the requirements of the order are not possible, would create a non-conformity or would be excessively costly to MFL. MFL may cancel orders if a customer fails to pay. If MFL cancel an order it will not be liable for any costs associated with it.
Transportation of Goods
Goods are transported at customer risk, which may be by our own transport, our courier, customer transport, customer courier or the postal service.
Price and Payment Terms
MFL's standard payment terms are payment before collection. However at MFL's discretion it offers most customers a 30 day (from end of month of invoice) credit account. This credit account may be withdrawn at any time for any reason without notice. If a credit account is delinquent (an amount is now due and has not been paid), MFL may charge interest and/or hold customer property that is under its possession until payment in full has been made. If an invoice is disputed, the Customer must pay the undisputed sum and any other invoices that are due on time. If a valid quotation does not exist, MFL will set a price that MFL deems reasonable. This is considered accepted by both parties.
As of 1st January 2023, MFL is applying a 15% surcharge to all invoices.
MFL does not currently subcontract any customer work.
The Customer' is responsible to ensure that the Goods are suitable for treatment. The customer accepts risks associated with surface treatment and agrees that MFL will not be held responsible for any parts that may be damaged/destroyed by the treatments process. The Customer is responsible for insuring their property (including parts and equipment) while on our premises. In the event of a loss the customer will not hold MFL liable, providing that MFL has treated customer property with the same level of care that it would treat its own property. MFL does not insure customer property. Any non-conformities must be reported to us and (except when otherwise agreed) returned to us for inspection within 30 days of receipt by the customer or there will be no obligation to correct the non-conformity.
If no mention of International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR) appears on the RFQ or Purchase Order, MFL assume the products ordered are not affected by ITAR/EAR regulations. It is the responsibility of the supplier to advise if the product being quoted/ordered is subject to ITAR/EAR regulations.
MFL Trade Secrets and Proprietary Information
MFL's processes incorporate trade secrets. These will not be disclosed to customers, but could be disclosed to regulators under an NDA. MFL will only be required to disclose information to customers that is necessary to demonstrate conformity.
Both parties will not share any proprietary information supplied by the other party with third parties apart from the minimum necessary to fulfil quality, statutory and regulatory requirements.
All communications with MFL will be in English.
Limitation of Liability
MFL's liability in all cases (except when it is not legal to disclaim liability) shall be limited to the amount that the Customer has paid MFL to treat the parts in question.
The Contract shall in all respects be construed in accordance with and be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.