TERMS AND CONDITIONS OF SALE
Subject to Certified Enameling, Inc. Terms & Conditions of Sale attached and incorporated herein.
Rush charges on quote do not guarantee a rush. When material arrives the schedule will be reviewed to determine final delivery date.
*** Please allow 3 weeks to order paint ***
Lead time for finishing is 15 working days from receipt of material "and" paint with 5 days advance notice of your purchase order.
Price and warranty are valid on mill finish aluminum.
1% discount if paid within 5 days on invoices under $1,000.
2% discount if paid within 10 days on invoices between $1,000 and $5,000.
Standard terms for invoices over $5,000
UNLESS OTHERWISE STATED, PRICE IS VALID ON THE TOTAL SQUARE FOOTAGE SHOWN ON THIS QUOTE TO BE PAINTED IN "ONE" RELEASE OR PAINT RUN. IF MULTIPLE RELEASES ARE REQUIRED, PLEASE CALL FOR A RE-QUOTE.
Material requiring 100% paint coverage will have rack marks. If this quote becomes a purchase order, please contact your Certified Enameling Account Representative to discuss racking options.
Items or services not listed are not bid: nothing else is implied. This quotation is based on bulk square footage, and is valid with the terms and conditions listed. Before fully honoring this estimated price or quoted agreement, Certified Enameling requires a complete material breakdown, which includes detailed die drawings with dimensions & exposures indicated. Detailed information regarding the material, or changes in quantity, square footage, color, or selected coating could change the quoted price. Any changes on an issued purchase order would cause this quotation to become null and void. Please contact us for a re-quote, if necessary.
Freight and metal are not included in quote price.
1. Inspection; Rejection; Acceptance
Buyer shall inspect all goods immediately upon delivery. Any claim for shortage, damage, defect, or nonconformance must be made in writing within seventy-two (72) hours of delivery.
Failure to provide such written notice within seventy-two (72) hours shall constitute final, irrevocable acceptance of the goods and a waiver of any right to reject or revoke acceptance, including for any defects that were or should have been discovered upon reasonable inspection.
2. Substrate Specification; Allocation of Risk
Buyer expressly represents and warrants that all substrates, including aluminum alloy, temper, thickness, and fabrication, are suitable for the coating process and associated cure temperatures.
Buyer assumes all risk of loss, damage, or nonperformance arising from or related to substrate selection, design, forming, or fabrication.
Certified Enameling, Inc. shall have no responsibility or liability whatsoever for distortion, warping, oil canning, surface marring, dimensional movement, or other deformation resulting from substrate characteristics or exposure to coating cure temperatures.
Certified Enameling, Inc. expressly disclaims any warranty, express or implied, regarding flatness, dimensional stability, or visual uniformity of formed or fabricated products after coating and cure.
3. Installation as Acceptance; Waiver of Claims
Buyer shall not install or incorporate goods prior to inspection.
Any installation, use, or incorporation of the goods—whether in whole or in part—constitutes final acceptance under applicable commercial law and a complete and unconditional waiver of any and all claims, including claims for latent or non-apparent defects.
4. Post-Installation Responsibility
If Buyer installs goods with actual or constructive knowledge of any condition, Buyer assumes all responsibility and liability for all resulting costs and consequences, including but not limited to field repairs, recoating, removal, reinstallation, access, labor, equipment, project delays, and damage to other work.
Certified Enameling, Inc. shall have no liability whatsoever for any damages or costs arising after installation.
5. Limited Warranty; Exclusions
Any warranty provided by Certified Enameling, Inc. shall be limited strictly to its written, project-specific warranty, if issued.
All other warranties, whether express, implied, or statutory—including but not limited to merchantability or fitness for a particular purpose—are expressly disclaimed to the fullest extent permitted by law.
Without limitation, no warranty shall apply to:
- Improper substrate selection (alloy, temper, thickness)
- Fabrication or forming practices
- Damage during shipping, handling, storage, or installation
- Field-applied touch-up or repair
- Environmental or design conditions outside Certified Enameling, Inc.’s control
6. Exclusive Remedy
To the fullest extent permitted by law, Buyer’s sole and exclusive remedy for any claim shall be, at Certified Enameling, Inc.’s sole option:
(a) repair or recoating of the nonconforming goods, or
(b) refund of the amount paid for the coating services for such goods.
This exclusive remedy shall not fail of its essential purpose.
7. Limitation of Liability
To the fullest extent permitted by law, Certified Enameling, Inc. shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of use, loss of profits, delay damages, liquidated damages, or damage to other property or work.
Certified Enameling, Inc.’s total cumulative liability shall in no event exceed the amount paid for the specific goods giving rise to the claim.
8. Indemnification
Buyer shall defend, indemnify, and hold harmless Certified Enameling, Inc. from and against any claims, damages, losses, or expenses (including attorneys’ fees) arising out of or related to:
- Buyer’s specification or use of unsuitable substrates
- Improper installation or handling
- Incorporation of goods after acceptance
9. Governing Terms; Rejection of Conflicting Provisions
These Terms and Conditions shall govern all quotations and sales. Any additional or conflicting terms in Buyer’s purchase order or other documents are expressly rejected and shall have no force or effect unless expressly agreed to in a signed writing by Certified Enameling, Inc.