Metro Custom Plastics

TERMS & CONDITIONS OF USE
“Metro Custom Plastics, Inc. subscribes to the standards set by the Society of the Plastics Industry, and the customer understands and agrees that he/she has read the Terms and Conditions, and that such Terms and Conditions are agreed to, included in and made a part of any Metro Custom Plastics Quotation, and there are no warranties extended beyond the descriptions as read in the Metro Custom Plastics Terms and Conditions.”
1. Price Quotes. Prices quoted are for a period of thirty (30) days from the date on the front of this document. No contract will result from this Quotation unless and until an order, upon the Terms and Conditions set forth herein, is accepted in writing by Metro Custom Plastics, Inc. At any time prior to such acceptance, without notice, this Quotation may be withdrawn.

2. Prepayment. Metro Custom Plastics, Inc. reserves the right to insist on full payment in cash prior to making any deliveries. Furthermore, whenever delivery is unreasonably delayed through any fault of the customer, or when the customer is delinquent in payment, or when in our opinion the financial condition of your account so warrants, we may at any time, without notice, refuse shipment, cancel unfilled orders and/or alter or suspend credit terms. In such case, we will not be liable for non-performance of contract, either in whole or in part.

3. Order Cancellation. Without the consent of Metro Custom Plastics, Inc., orders placed may not be cancelled or revised after delivery to Metro Custom Plastics, Inc., thereof; nor, may delivery of goods made up, or in process, be deferred beyond the date originally specified in the order.

4. Price Adjustment. The prices quoted are based upon continuous operation of molds, and for a single color, unless otherwise specified and agreed to in writing by Metro Custom Plastics, Inc.  If quantities are reduced below the original number ordered, or if a customer’s shipping instructions or color instructions or other action causes a delay or reduction in the quantities to be run, or for other than the continuous operation of the molds, Metro Custom Plastics Inc.’s prices will be adjusted accordingly.

5. Quantity Delivered. Delivery of ten percent (10%) more or less than the quantity specified shall constitute fulfillment of the order, and any excess not exceeding ten percent (10%) must be taken and paid for by the customer.

6. Delivery Schedule. Metro Custom Plastics, Inc. will make reasonable efforts to fill orders within the estimated times; however, the customer realizes that the manufacture of any part may involve complications and delays not realized when quoting the part and for which, it is agreed, Metro Custom Plastics, Inc. assumes no responsibility. Unless specifically stated to the contrary, Quotations are made and orders are accepted for delivery and billing of partial shipments, as soon as manufactured.  Customer understands that Metro Custom Plastics, Inc. does not carry special molded parts in stock and that this may delay estimated time of delivery. 

7. Invoice Payment. All invoices are due and payable in Arlington, Tarrant County, Texas, in United States funds.  

8. Duties and Taxes.  All import and export duties and all occupational sales, use, gross income, and other taxes imposed by any government body whether federal, state, municipal or otherwise, except income taxes, with respect to the sales contemplated by this quotation shall be added to the prices stated herein and customer agrees to pay same or reimburse Metro Custom Plastics, Inc. for the amount paid immediately.  In the event that customer disputes whether or not such duty or tax should have been paid, customer agrees to pay Metro Custom Plastics, Inc. upon being invoiced and, if customer later proves that it should not have been paid, Metro Custom Plastics, Inc. will reimburse the duties and/or taxes immediately. 

9. Mold and Tool Ownership. Customer understands that as a plastic fabricator, Metro Custom Plastics, Inc. has a lien on any dye, mold, form, tool or pattern in its possession.  Thus, customer agrees, that any dye, mold, form, tool or pattern shall remain in Metro Custom Plastics Inc.’s plant.  In the event customer desires to remove any of the above upon completion of order, customer shall have the right to remove them upon payment to the seller of an additional twenty percent (20%) of the invoice price of the item.  This charge is in consideration for engineering services necessary in the design of the item mentioned above, that was not charged initially.  Customer agrees to give Metro Custom Plastics Inc. ninety (90) days advance notice of the date of removal, and all items on hand, of good quality, are to be paid for prior to removal.  Customer understands that any mold used by Metro Custom Plastics, Inc. is the property of the customer, and customer assumes all liability regarding that mold, including maintenance, up-keep and loss through fire, water, or any other means except for Metro Custom Plastics, Inc.’s gross negligence that is out of the ordinary course of business in the plastics industry.

10. Special Requirements.  Special gauges, fixtures or other small tools required must be furnished by the customer, or paid for by the customer if furnished by Metro Custom Plastics, Inc. Additional billing will be made for special engraving work or other requirements, unless specifically included in this Quotation.  

11. Mold and Tool Maintenance.  When molds and tools are furnished by customer, the customer agrees to pay or reimburse Metro Custom Plastics, Inc. for all reasonable costs of maintenance, including but not limited to, polishing or other reworking. 

12. Customer Materials. Customer understands that Metro Custom Plastics, Inc. is not responsible for drawings, samples or models left with Metro Custom Plastics, Inc. for more than thirty (30) days.  

13. Shipment Ownership.  All shipments F.O.B. Metro Custom Plastics, Inc.’s plant.  All shipments are made by insured carriers, and liability ceases when the carrier accepts the shipment from Metro Custom Plastics, Inc. Customer agrees that all claims for breakage, damage and losses should be made directly to the transportation company.  

14. Shortages. Claims for shortages must be made in writing within ten (10) days after receipt of goods by customer. 

15. Rejection. Credit will be allowed on defected molded parts rejected by customer, provided the claim or defect is made within thirty (30) days after shipment, and return of the goods to Metro Custom Plastics, Inc. is authorized in writing.  No credit will be allowed on any molded parts which have been altered or defaced in any way, or upon which any additional operation has been performed.

16. Inserts. Unless otherwise specifically stated any inserts required are to be furnished by customer F.O.B. Metro Custom Plastics, Inc. or a location designated by Metro Custom Plastics, Inc., with all charges prepaid. All inserts are subject to Metro Custom Plastics, Inc.’s approval as to design.  All inserts must be uniform, accurate and free from burrs and Metro Custom Plastics, Inc. will not be responsible for damages to tools or molds caused by defective inserts or for molded parts in which inserts, furnished by the customer, are found defective after molding.  All inserts furnished must be, in quantity at least ten percent (10%) more than the number indicated as necessary for completion of the customer’s order. 

17. Finished Product. The finish of the molded piece includes only such polish as is obtained directly from the molding process.  

18. Tolerances. Tolerances are to be the closer of (1) prevailing industry standards, or (2) the specifications on customer’s drawings furnished at least ten (10) days prior to the beginning of work by Metro Custom Plastics, Inc. on customer’s order.  

19. Specification Changes. Changes in specification will be made only at the customer’s direction and expense, and with Metro Custom Plastics, Inc.’s consent.  Customer agrees to telephone or fax Metro Custom Plastics, Inc. immediately if changes are to be made.  Sample submitted will be deemed approved if written notice of rejection, stating the reasons therefore, is not received within two (2) weeks after the date of submission.  

20. Warranty. While Metro Custom Plastics, Inc. is pleased to assist the customer with suggestions on design and materials, we cannot, and do not assume any responsibility for design or materials, nor will we be responsible for any loss, cost or damage resulting from or connected with the observation or use of any such suggestions.  Metro Custom Plastics, Inc. warrants its finished parts to be free of defect in workmanship which renders such finished parts unable to meet the specifications of the order.  THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  Metro Custom Plastics, Inc. neither assumes nor authorizes any person to assume for it any other liability arising in connection with this order or for the finished parts herein described.  Customer agrees that Metro Custom Plastics, Inc.’s obligation under this warranty shall be and is limited solely, at Metro Custom Plastics, Inc.’s option, to the repair or replacement of finished parts not in accordance with this warranty or to Metro Custom Plastics, Inc.’s absorbing the cost of the finished parts, excluding tooling costs, in the event the parts produced by Metro Custom Plastics, Inc. fails to comply with the design criteria shown on customer’s drawings. In no event shall Metro Custom Plastics, Inc. be liable to customer for any damages to person or property, including, but not limited to, actual, special, incidental or consequential damages beyond the repair or replacement of finished parts or absorbing the cost of such finished parts as stated herein above.  

21. Lien. Customer agrees that Metro Custom Plastics, Inc. has a lien upon all of customer’s property in Metro Custom Plastics, Inc.’s possession for any account past due and unpaid by the customer, and Metro Custom Plastics, Inc. shall be entitled to sell or lease any or all such property for cash or credit or part cash and part credit, without notice, and out of the proceeds of such sale or lease to pay the cost thereof, including any sale or lease commissions, repair costs and reasonable attorney’s fees, and to apply the net proceeds to the account of the customer who shall make good any deficiency. Metro Custom Plastics, Inc. shall have the further right, in the event a customer’s account remains open and unpaid for a period of ninety (90) days to use the customer’s molds and tools in any way necessary under the laws of the State of Texas to satisfy unpaid lien. Customer understands and acknowledges the Lien Laws of the State of Texas and agrees that with this Quotation, Metro Custom Plastics, Inc. is granted all of the rights under the said Lien Laws, and customer will take all reasonable action required for said lien to be wholly beneficial to Metro Custom Plastics, Inc. 

22. Indemnity. Customer agrees to indemnify Metro Custom Plastics, Inc. against and hold Metro Custom Plastics, Inc. harmless from any attorney’s fees and expenses incurred by Metro Custom Plastics, Inc. in enforcing any provision of this agreement, and from any loss, cost, damage or expense whatsoever resulting from any claim of patent, trademark, or copyright infringement by any product to which this order relates, from the use of any mold, fixture or other article furnished or specified by the customer, or from any process specified by the customer. 

23. Force Majeure. Metro Custom Plastics, Inc. shall not be liable for any delay or non-performance caused in whole or in part by any act of God or the result of war, labor troubles, strikes, lock-outs, riots, fires, floods, storms, explosions, transportation failure, government embargos or interventions, failure or delay of manufacturers or persons from whom Metro Custom Plastics, Inc. is obtaining machinery, equipment, materials, supplies, tools or molds to deliver the same, or other causes beyond our control and affecting us, our manufacturing facility or other sources of supply, whether such other causes be of the classes herein specifically provided for or not, and whether or not the cause or causes of delay or non-performance are existing on the date of the Quotation. 

24. Oral Statements. No oral statement or representation, or any change or amendment hereof not agreed to in writing by Metro Custom Plastics, Inc., shall have any legal binding effect.  

25. Tooling. Tooling purchased from Metro Custom Plastics, Inc. will be kept in satisfactory condition for production at our expense and held by us for the customer’s work only, for the normal life of the mold.  The normal life of the mold will be considered as terminated when the customer no longer accepts the parts produced from that mold because of defects caused by mold wear. At that time, Quotations will be submitted covering (1) the cost of	 reworking tooling or of replacing part or all of the mold as needed; or, (2) the additional cost of secondary operations. 

26. Abandoned Projects. Customer agrees to reimburse Metro Custom Plastics, Inc. for any engineering time spent on projects later abandoned by customer.  

27. Subcontractors. Metro Custom Plastics, Inc. may contract the whole or any part of the work to be performed under this Quotation without customer’s prior written consent.  Metro Custom Plastics, Inc. will be responsible for the full and faithful performance of this Quotation according to its Terms and Conditions.  

28. Independent Contractor. Customer agrees that the relationship between customer and Metro Custom Plastics, Inc. shall at all times be that of an independent contractor.  

29. Law and Venue. All dealings between Metro Custom Plastics, Inc. and customer shall be interpreted in accordance with and be governed by the laws of the State of Texas and venue for any case relating to this Quotation shall be in Arlington, Tarrant County, Texas.
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Metro Custom Plastics Inc
615 109th Street
Arlington Texas 76011
Phone: 817-640.5646
Fax: 817-649-1003
sales@metrocustomplastics.com