TERMS & CONDITIONS OF BUSINESS
The following Terms and Conditions apply to all orders placed with Hockley Enterprises (Essex) Ltd for electroplating, stripping, coating, metal finishing, research consulting, or any other related services. Any additional or different terms of conditions proposed by Customer are objected to and are hereby rejected , Customer hereby assents to and shall be bound by each and every term and condition set forth herein, notwithstanding and irrespective of any terms and conditions in Customer’s purchase order or other purchase documents (whenever issued) which may be different than or inconsistent with those stated herein. Hockley Enterprises (Essex) Ltd is referred to as “Hockley Enterprises” and the entity or person who is ordering the services or products is referred to as the “Customer”.
a) All quotations are given in good faith from samples, drawings or established parts and are subject to the items in question being suitable for processing in an established trade method.
b) The quotation (if any) shall remain valid:
i) For the period stated therein.
ii) Where no period is stated for three months after its date PROVIDED ALWAYS that where precious metal deposits are involved in the contract the quotation shall be deemed to be provisional and Hockley Enterprises reserve the right to charge the market price ruling at the time it accepts the order.
c) All quotations which are given without sight of the goods to be processed are provisional only. Hockley Enterprises reserves the right to amend such quotation or estimate and decline the order after examination of the same.
d) Should the supply of goods submitted for processing vary from the quotation i.e. in design, method of manufacture or condition of base material, Hockley Enterprises reserves the right to requite, taking into account the different features of the goods or materials.
e) Should Hockley Enterprises be called upon to remove any excessive oxide, rust, grease, previous plating or other contaminating material it reserves the right to make an additional charge for putting such materials in a suitable condition to enable them to be processed.
2) CUSTOMER’S RESPONSIBILITY
a) In view of the known hazards of processing it shall be the responsibility of the Customer to make the following information known in writing to Hockley Enterprises at the earliest possible time.
i) The type of process required and the treatment to be applied to the goods or materials.
ii) Full and detailed information of any known or likely impurities in the goods or materials or the base metal.
iii) If the goods have any special or antique value an estimate of that value must be produced.
iv) If the goods or articles are to be used in the Automotive, Aircraft or Space industries and there is a safety critical feature involved.
v) If the customer intends to carry out any subsequent processing (i.e. pressing, heat treatment etc.)
b) Hockley Enterprises assume no responsibility for, and reserves the right not to process goods or materials where the Customer has not provided the information referred to in clause (a) hereof.
a) Hockley Enterprises assume no responsibility for defective plating or other finish on materials previously plated or finished by others. Parts delivered to Hockley Enterprises, must be inspected by Customer and be in a condition ready for the contracted processes. Specified thicknesses are assumed to be minimums on significant or agreed upon surfaces. When a plating thickness is expressed as a range, the lower number will be used as a minimum with tolerances or special considerations to replace the upper number. In some cases, these may take priority over the minimum. Variations in thickness may occur in low or high current density areas. Bleed-out of seems or joints will not be cause for rejection. Additional charges may apply if Customer parts require extra cleaning, abnormal pre-plating processes or special appearance requirements were not stated before order acceptance. Hockley Enterprises also reserve the right to reject or make an extra charge for finishing any base metal below our standard. Touch-up paint may be necessary to provide full coverage in recesses for certain finishes.
b) All finishing work will be inspected in conformance with Hockley Enterprises established inspection procedure and / or to the Customer’s specifications based on predetermined agreement. When Hockley Enterprises are asked to “plate per” or “certify to” a published metal finishing specification, we will plate to and certify, if required, to the thickness requirements only, unless otherwise specified. Other tests / requirements are the responsibility of the Customer.
c) Hockley Enterprises shall have the right to subcontract all or any part of the work required by the Customer’s order.
d) Additional charges may apply if rush services or special inspection / certifications are requested. Hockley Enterprises reserve the right to apply metal surcharges to our invoices when customer prices have not been adjusted for significant increases in the market price of metals. Minimum charges apply to all orders unless otherwise contracted. Where goods are delivered in multiple deliveries, Hockley Enterprises may deem each delivery to be a separate order / contract and minimum charges will apply to each delivery.
4) SPECIAL OR EXPERIMENTAL OPERATIONS
For special prototype(s), First Article(s), Sample(s) or experimental processing, and finishing, Hockley Enterprises’ charges are not contingent upon the success of the work or the benefit derived therefrom by the Customer.
5) SHORTAGES IN WEIGHT OR COUNT
No claim for shortage in weight or count will be allowed unless made in writing and presented within ten (10) working days after receipt of material by the Customer or Customer’s consignee to whom delivered, provided however, a shrinkage of quantity in the processing of five percent (5%) shall be allowed without charge or liability.
a) The Customer shall be entirely responsible for all charges for carriage howsoever arising and under no circumstances will Hockley Enterprises accept responsibility therefor. In the event of Hockley Enterprises being obliged to make any payment of carriage for whatever reason the Customer shall immediately upon demand refund Hockley Enterprises all sums involved.
b) Where the contract provides that goods shall be delivered by an independent carrier, delivery of the goods shall be deemed to be effected when the goods are delivered to or collected by the carrier.
c) In the event of goods being collected by or on behalf of the Customer by his servant or agents collection as aforesaid will constitute delivery to the customer.
d) Delivery dates are given or agreed upon based on Hockley Enterprises knowledge of conditions existing at the time of order acceptance. We will use our best efforts to ship or notify completion within ten (10) days of the specified due date. Hockley Enterprises reserves the right to make partial orders available. If orders are not delivered to Hockley Enterprises with adequate time for completion, the specified completion date will be adjusted accordingly. Failure to make a shipment as scheduled does not constitute a cause for cancellation and / or breach of contract.
d) Hockley Enterprises will use its best endeavours to effect delivery of all processed goods by the date or dates specified in the contract but shall not be responsible for any direct or consequential loss resulting from late delivery. In the event of goods being damaged or lost prior to delivery or resulting from suspension of work and strikes, lock-outs, disputes, breakdowns, accidents, force-majeure or any circumstances beyond Hockley Enterprises control deliveries may be wholly or partially suspended until such time as work is resumed and the Customer shall accept late delivery of such goods.
e) Hockley Enterprises assumes no responsibility for any loss or damage to goods or materials while in transit to or from Hockley Enterprises premises, whether in vehicles owned by Hockley Enterprises, the Customer, or any third person acting on Hockley Enterprises or the Customers behalf.
a) Hockley Enterprise shall not, under any circumstances, be considered as an insurer of Customer’s goods or material and shall not be liable, regardless of cause, for loss by fire, explosion, theft, pilferage, vandalism, casualty, or acts of God while such goods or material are in Hockley Enterprises possession.
b) All goods and materials are accepted and stored entirely at the risk of the Customer and it shall be the obligation of the Customer to affect adequate insurance cover in relation thereto.
8) CHANGE OF OWNERSHIP
Hockley Enterprises must be notified in writing of any change in ownership, the name or the business structure under which credit is established.
9) CANCELLATION OF ORDER
In the event of Customer’s cancellation of order, the Customer shall reimburse Hockley Enterprises for the work completed and work in process and for tooling and engineering expenses incurred in connection with such order.
The Customer agrees not to use or disclose any information to a third party that it now has or may hereafter acquire concerning racking, fixturing, chemical processes or procedures, Hockley Enterprises use in its metal finishing process concerning the items disclosed herein, which are the subject matter of this order. If the Customer violates any of the terms provided the Customer shall pay Hockley Enterprises’ damages.
Hockley Enterprise has a general lien on all goods and materials from time to time delivered by the Customer and in Hockley Enterprises possession for all monies due or accruing from the Customer which general lien shall extend to all sums outstanding due from the Customer to Hockley Enterprises under this or any other agreement from time to time howsoever and whensoever arising.
Hockley Enterprises reserves the right to correct any clerical or typographical errors made by its servants, employees or agents at any time.
a) Because there could be substantial disparity between Hockley Enterprises charges and its possible liability under or in connection with the contract, Hockley Enterprises liability in respect of any defect in processing or failure of the goods or for any loss, injury or damage attributable thereto is limited to the lowest of the following:
i) A sum not exceeding three (3) times the contract price.
ii) The cost of repeating the process and or otherwise remedying the defect or loss involved PROVIDED ALWAYS that Hockley Enterprises liability under this warranty shall automatically cease if:
The defective goods are not immediately returned to Hockley Enterprises upon being found to be defective.
The Customer shall not have paid for all goods supplied and work done by the due date (whether under this or any other contract between Hockley Enterprises and the Customer).
The information required from the Customer in accordance with clause 2 hereof and any other relevant information has not been provided to Hockley Enterprises.
The Customer has permitted persons other than Hockley Enterprises, to affect or attempt a repair or replacement of the defective goods or the goods have not been properly stored or treated since processing.
b) The Warranty contained in clause (a) hereof shall only be operative for a period of three (3) calendar months from the date the goods were despatched to the customer or for such period of time as Hockley enterprises may at its sole discretion allow or consider reasonable in all the circumstances of the case.
c) The warranty set out above shall be in lieu of any warranties or conditions whether expressed or implied by statute, common law or otherwise which warranties and conditions are hereby expressly excluded by this clause except in so far as such an exclusion is prohibited by current legislation.
d) Hockley Enterprises responsibility is limited to the terms of this warranty and (except in respect of death or personal injury resulting from the negligence of Hockley Enterprises, its servants or agents) Hockley Enterprises shall not be liable for any claim for direct or indirect, consequential or incidental loss, injury or damage made by the Customer against Hockley Enterprises arising out of or in connection with any defect in the goods which are the subject of the contract whether or not such defect is directly or indirectly, wholly or in part caused by the negligent act, omission, default or neglect of Hockley Enterprises, its servants or agents or whether or not such defect mounts to a breach of a fundamental term of contract.