Hampshire Metal Coatings

Applicability

This document applies to any contract formed between the Customer and Hampshire Metal Coatings Ltd (hereafter: HMC) for the provision of plating, anodising, surface finishing or testing services.

General

These are the only terms and conditions on which HMC 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 HMC's Managing Director. We may modify these terms from time to time.

Flow Down

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 our failure to adequately flow down information.

The Customer is responsible for ensuring that HMC have the latest issue of specifications, standards, drawings and other technical information. The exception to this is that HMC 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 HMC 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

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 HMC exceeds a promised delivery date by more than two weeks if HMC is responsible for the delay but we will not be liable for any further consequences of this late delivery (for example lost profits, penalties etc.).

Cancellation of Orders

HMC 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 HMC. HMC may cancel orders if a customer fails to pay. If HMC 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

HMC’s standard payment terms are payment before collection. However at HMC’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), HMC 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, HMC will set a price that HMC deems reasonable. This is considered accepted by both parties.

Subcontracting

HMC does not currently subcontract any customer work.

Risk

The Customer’ is responsible to ensure that the Goods are suitable for treatment. The customer accepts risks associated with surface treatment and agrees that HMC 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 HMC liable, providing that HMC has treated customer property with the same level of care that it would treat its own property. HMC 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.

ITAR/EAR

If no mention of International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR) appears on the RFQ or Purchase Order, HMC 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.

HMC Trade Secrets and Proprietary Information

HMC’s processes incorporate trade secrets. These will not be disclosed to customers, but could be disclosed to regulators under an NDA. HMC will only be required to disclose information to customers that is necessary to demonstrate conformity.

Non-Disclosure

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.

Language

All communications with HMC will be in English.

Limitation of Liability

HMC’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 HMC to treat the parts in question.

Applicable Law

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.