GSP Coatings, LLC (“GSPC”) Warranty
This Warranty is subject to the conditions and exclusions listed below. This warranty is expressly in lieu of all other warrants, express or implied, and GSP Coatings, LLC (Hereafter referred to as “GSPC”) liability for any cause is limited to its processing and finishing price.
We warrant to you the customer that: processing and finishing services shall meet your specifications, as provided in writing as part of, or accompanying, your order, and that such processing and finishing shall be free from defect in material and workmanship.
While GSPC and its personnel strive to handle its Customers’ product in a manner that will avoid damage, in the unlikely event that product is damaged, GSPC’s liability shall be limited to the cost of the processing.
In no way shall GSPC be liable for the replacement cost of the product that was provided by Customer.
GSP Coatings, LLC (“GSPC”) Terms and Conditions
Customer Requirements
Customer agrees to provide GSPC with all relevant requirements and specifications in writing at the time the order is placed. GSPC agrees to comply with specific methods and procedures defined by its Customer, so long as they are within its capabilities. Methods or procedures desired by the customer that may be outside of normal results with potential for failure will warrant additional discussion between both parties prior to GSPC accepting the order. GSPC assumes no liability for failure of said methods or procedures desired by the customer once an order is accepted.
Pricing
Prices quoted by GSPC shall be valid for 60 days from the time of quotation unless otherwise specified on the quote. Minimum lot charges are reflected in GSPC’s “Minimum Lot Charge Pricing Sheet” and are subject to update from time to time. It is GSPC’s responsibility to provide its Customers with any updates to its prices.
Indemnification
Customer agrees to indemnify and hold harmless GSPC, its owners, directors, officers, assigns, affiliates, and employees from any and all liability, loss, damage, and costs, including attorney’s fees, incurred as a result of any claim made or suit commenced against GSPC or its employees from any injury to persons or damage to property caused by the use of merchandise or material upon or to which processing or finishing was performed by GSPC.
Non-conformances
Customer agrees to inspect and to notify GSPC of any defect in material, workmanship, or product count within three (3) business days of receipt. GSPC agrees to reprocess, at no charge, non-conforming product that is a result of its failure to meet Customer’s Requirements as defined in paragraph two (2) above.
GSPC assumes no liability for the reprocessed product, material, or defects other than its own costs of processing, nor any loss or damage which occurs in transit to or from Customer.
Tooling and Racks
Specialized tools, racks, and fixtures required for the performance of the work described herein designed and/or built by GSPC shall be and remain the property of GSPC whether or not Customer is charged for time and/or material in connection therewith.
Experimental/Trial Processes
In experimental processing and finishing, GSPC’s charges are not contingent upon the success of the work or the benefit derived by Customer.
Customer Supplied Material
Customer shall identify the type and grade of material from which its parts are manufactured. In the event that the results of metal finishing operations are unsatisfactory due to metal imperfections, change in grade or composition of materials, manufacturing and/or fabricating imperfections, usages for which the plating or other finishing operations were not reasonably designed, or similar variables over which GSPC has no control, Customer shall be required to pay the contracted amount for the operation performed. Customer shall provide material that is clean and free of dirt, debris, cutting chips, adhesives, sealants, oils, and other residues. Parts must be free of all fasteners and any dissimilar metals.
Masking
Masking requirements must be specified on the print and/or purchase order. Specialized tools, masking, techniques, and fixtures required for the performance of the work described herein designed and/or built by GSPC shall be and remain the property of GSPC whether or not Customer is charged for time and/or material in connection therewith. When needed, GSPC reserves the right to apply RoHS compliant chemical conversion coating (chem film) to areas to be masked in order to boost the adhesion of masking materials. This greatly reduces the risk of solutions leaching under the maskant and produces a higher quality product with crisper delineations of masked areas. Once masked, the chem film coating is removed from all anodized surfaces prior to the anodizing process. This will be done at no extra charge.
General Provisions
This agreement constitutes the entire agreement between the parties on the subject matter, and any changes must be made in writing and executed by duly authorized representatives of the parties. This agreement shall be governed by and construed in accordance with the laws of the State of Vermont, without regard to its conflict of laws provisions.
Each party hereby irrevocably submits the exclusive personal jurisdiction of the Courts of the State of Vermont and the venue of the courts in Windham County, Vermont. Each party agrees that the Vermont, Windham County courts shall be the exclusive jurisdiction and venue of any litigation or special proceeding to resolve any dispute or claim arising from or related to or connected with this Contract, including any claims based upon statute, common law or rule. The parties hereby waive any objection to such forum based upon venue or forum non conveniens ground.
Customer agrees to comply with all pertinent Federal and State laws and regulations including, without limitation, ITAR (22 CFR 120-130), EAR (15 CFR Parts 730-774), and firearms control regulations (27 CFR Part 478), as applicable.