General Terms and Conditions

All quotations made by PCM, either written or verbal, shall be subject to the following terms and conditions:

1. The prices and terms on any quotation are not subject to verbal changes or other agreements unless approved in writing by the Home Office of the seller.  All quotations and agreements are contingent upon strikes, fires, accidents, availability of materials and all other causes beyond our control.  Prices are based on costs and conditions existing on date of quotation and are subject to change by Seller before final acceptance.

2. We make no warranties to those defined as consumers in the Magnuson-Moss-Federal Trade Commission Improvement Act. As the products quoted herein will not be in the control of Seller once production is completed, with the exception of any guarantee specifically written in a quotation, no representation, guarantee or warranty is made anywhere herein as to the duration or length of time of use of the items quoted.

3. Our total liability, if any, is limited to (a) the cost of direct labor and material of the product directly damaged by our finishing, or (b) our finishing charges for the product directly damaged by our finishing, whichever is less. Our charges are based on this policy limiting our liability. You agree to be responsible for all other loss or damage including liabilities and obligations to end users and others. In the event that results of metal finishing operations are unsatisfactory due to metal imperfections, changes in grade or composition of materials, manufacturing and/or fabrication imperfections, usages for which the finishing operation was not reasonably designed, or similar variables over which we have no control, you would be required to pay the contracted amount for the finishing operation performed.

4. Your failure to indicate plainly and correctly in writing the finishing specifications, heat treatment or annealing (if any) type of material or alloy, or condition of surface to be finished shall release us from any liability and may cause an extra charge to be made to cover any additional expense incurred as a result thereof. Whenever we are given material with detailed instructions as to treatment, our responsibility shall end with the carrying out of those instructions. Type of material, tolerances, and specifications for finishing shall be stated in writing prior to our finishing. In special or experimental processing or finishing our charges are not contingent upon the success of the work or the benefit derived therefrom by you. 

5. This price quotation is based on the fact that the parts to be supplied by you or your agents will not be counted at the time parts are received by our company, but will be counted during the coating process only. You agree that the parts count made by our employees will be binding upon the parties. If you required your parts to be counted please advise us prior to receipt so the price can be adjusted. Due to the uncertainty of supply prices, labor increases and energy costs, we cannot accept an order based on a quotation older than sixty days and receipt of goods beyond six months or until the quantity ordered is completed, whichever comes first. Other terms may apply where special materials are involved.

6. All quotations, orders, or agreements or any modifications thereof are contingent upon and subject to any and all occurrences beyond our control including, but not limited to, strikes or boycotts whether occurring at our factory, your plant or factory, the plant or factory of any supplier either of you or of ourselves, or elsewhere, accidents, theft, fires, war, shortage of materials or equipment, casualty, or acts of God, and we shall not be liable for failure to perform any agreement for such causes. Should we notify you of our inability to perform any agreement for such causes you are required to pick up at our factory your raw, finished or unfinished materials, at your own cost and expense, and at your own risk and responsibility.

7. Claims for errors, deficiencies or imperfections will not be considered unless made within ten days after delivery. Rejected parts must be returned to us for rework. Further finishing on or assembly of rejected parts, materials, etc. by you or any other party shall constitute a waiver of any liability on our part. We assume no responsibility for defective plating or other finish on materials or merchandise previously plated or finished by others.

8. We assume no liability for any loss or damage to merchandise or material while in transit to or from our factory, whether in trucks or vehicles owned by us, you or any third person acting in our or your behalf. We shall not under any circumstances be considered as an insurer of customer’s material or merchandise and shall not be liable, regardless of cause, for loss by fire, explosion, theft, pilferage, vandalism, casualty or acts of God while such material or merchandise is in our possession.

9. All your merchandise in our possession shall be subject to a general lien until payment in full. Any special racks, fixtures, or installation which we construct or acquire specifically for use on your order shall be and remain our property and in our sole possession and control, and any charges made by us therefore shall be for the use of such equipment only.

10. During storage and transportation of your material, the containers and packing you have provided will be used at no additional cost. Any damage resulting from the use of your containers and packing shall be at your own risk. Should you desire other packaging or containers, you must authorize such use in writing, as an additional charge will apply.

11. When quotation specifies material to be furnished by Purchaser, ample allowance must be made for reasonable spoilage and material must be of suitable quality to facilitate efficient production.

12. All technical advice and recommendations for coatings, case histories, and in some cases samples are rendered by us at no additional charge. They are based on technical data which we believe to be reliable and are intended to be used by persons having skills and know how at their own discretion and risk. We assume no responsibility for results obtained or damages incurred from their use by you or your agents in whole or in part.  Such recommendations, technical advise and recommendations for coatings are not to be taken a license to operate under, or intended to suggest infringement of, any existing patent.

13. The provisions hereof constitute the term of our offer, and the terms contained in your purchase order forms or quotation forms, whether or not such forms have been acknowledged or accepted by us, are expressly limited to these terms. The provisions hereof constitute the entire agreement between the parties.  Terms inconsistent with those stated herein which may appear on purchasers formal order will not be binding on the seller.  Any changes, alterations, waivers, or modifications with respect to either the job performed, or the terms of sale, or any other matter set forth herein must be in writing and signed by an officer of this company.  Interest of 1 ½% per month will be charged on delinquent accounts and reasonable collection and attorney’s fees. These terms and conditions shall apply to this and any future order or agreement for the finishing of any materials or merchandise.

PCM | 1435 Ferry Ave. | Camden, NJ 08104 | Phone: 1-800-222-0317 | Fax: 800-872-7506 |
Copyright © 2009-2012 PCM. All Rights Reserved.