Conditions of Sales and Warranties

1. 1. THE BUYER'S PURCHASE ORDER (IF ANY): Shall have no application whatsoever to any contract or agreement between the parties except to the extent that Ampere Metal Finishing expressly agrees in writing to any of such purchase order conditions.


2. 2. WRITTEN AGREEMENTS: Shall be subject to acceptance within thirty (30) days, or such time as may otherwise be expressly agreed, shall constitute the entire agreement between the parties. There are no other agreements or understandings, either written or verbal that conflict with, alter or enlarge this agreement unless agreed upon in writing between the parties subsequent to the date of acceptance of the proposal. Acceptance is subject to approval of the purchaser's credit by the vendor.


3. 3. PRICES, TAXES AND PAYMENTS: The prices quoted do not include government taxes. Government taxes are additional charges and are added at the time of invoicing. Terms of payment shall be net thirty (30) days from the date of invoice. Should any of the payments not be made to Ampere Metal Finishing when due, then the overdue account will be charged 1.5% per month interest and paid by the purchaser until the price including interest has been fully paid, but this shall not be construed as obligating Ampere Metal Finishing to grant and extension of time in terms of payment.


4. 4. DELIVERY: Unless otherwise expressly agreed in writing, delivery of the product will be made F.O.B. purchaser's plant or warehouse. All delivery dates specified are subject to availability of manufacturing ability.


5. 5. FORCE MAJEURE: Ampere Metal Finishing shall not be responsible or liable for any loss, damage, detention or delay caused by war, invasion, riot, insurrection, the order of any civil or military authority, or by fire, flood, weather or other acts of the elements, breakdown, lockouts, strikes or labour disputes, the failure of Ampere Metal Finishing suppliers to meet their contractual obligations, or without limitation of the foregoing, any other cause beyond the reasonable control of Ampere Metal Finishing, and the receiving of the product by the purchaser shall constitute a waiver of all claims for loss or damage due to delay.


6. 6. AMPERE METAL FINISHING'S STANDARD PRACTICES: Because of the variety of containers, the condition of these containers on receipt, and the number of transfer and handling operations inherent in metal finishing, Ampere Metal Finishing accepts no responsibility for damage to containers and order shortages of 2% or less. Similarly as the intrinsic value of the items processed greatly exceed the added value of metal finishing, Ampere Metal Finishing limits its responsibility for loss or scrappage to twice the processing price quoted.


7. 7. WARRANTY: Ampere Metal Finishing warrants that all products sold herein are of merchantable quality, but unless otherwise herein specified, makes no warranty or representation of the products sold are fit for any particular purpose. Save as specifically provided herein, all expressed or implied warranties, whether they are statutory or otherwise, and all representations or conditions as to products are expressly excluded.


8. 8. LIMITATION OF LIABILITY: If any product furnished to the buyer shall fail to conform to the applicable specification requirements and/or the contract agreement between the buyer and Ampere Metal Finishing, the buyer shall give prompt written notification thereof to Ampere Metal Finishing. Ampere Metal Finishing shall not be liable for defective goods unless the goods are returned within seven (7) days of the time of delivery date, accompanied by the original packing slip and prior to any subsequent rework. Such nonconforming products shall be returned to Ampere Metal Finishing, or held by the purchaser, for the inspection of Ampere Metal Finishing. The liability of Ampere Metal Finishing in respect thereof shall be limited to the reprocessing of such product, or at the discretion of Ampere Metal Finishing to a return of the sale price. Ampere Metal Finishing shall in no event be liable for the cost of any value added to any nonconforming product or for any special, indirect, direct or consequential damages or damages for loss of use arising directly or indirectly from any breech of this contract, fundamental or otherwise or from any tortuous acts or omissions of the respective employees or agents of Ampere Metal Finishing.


9. 9. DE-EMBRITTLEMENT OF PRODUCT: De-embrittlement of product will not be done by Ampere Metal Finishing unless specifically contracted for in writing by the purchaser. It is the responsibility of the customer to ensure that the product is fully de-embrittled.