Terms of Service

QUOTATIONS – Twisted Metal Inc quoted prices are subject to change without notice. Prices cannot be confirmed until the actual parts have been delivered to Twisted Metal Inc.

 

HIDDEN CONDITIONS – Quoted prices cover standard processing unless otherwise noted. In the event, additional processing is required (ex. Sanding, multiple washing, re-coating etc.) due to an unforeseen condition, the quoted pricing will be adjusted accordingly.

 

MINIMUM CHARGE – The minimum charge is $150 per color.

 

TERMS – Payment is due upon completion of the order unless approved credit has been established. If the buyer fails to make any payments in accordance with the stated terms, Twisted Metal Inc reserves the right to hold shipments or deliveries until the terms are met or other arrangements are made. Interest will accrue on the buyer’s outstanding account balance from the date of invoice at the rate of 5% per month until the outstanding balance is paid in full. Buyer agrees to pay all costs of collection, including attorney’s fees, for all delinquent accounts.

 

QUANTITIES – Twisted Metal Inc does not verify the counts indicated on the buyers purchase order prior to processing. Parts are counted by Twisted Metal Inc after processing is completed. Pricing is determined from the quantity counted by Twisted Metal Inc. Twisted Metal Inc shall not be responsible for any shrinkage of quantities of parts. Small amounts of shrinkage, especially to small parts and parts difficult to hang, can be expected during processing.

 

SUBSTRATE – Twisted Metal Inc assumes no responsibility for the condition of the material delivered by the buyer or any condition uncovered during processing (ex. Holes from excessive rust, pits, cracks, blemishes, broken joints, etc.)

 

MASKING – Masking will be completed per written instructions provided by the buyer. Twisted Metal Inc will not be responsible for masking areas not indicated on a print or other drawing.

 

ASSEMBLY/DISASSEMBLY – Twisted Metal Inc will not be responsible for any disassembly of parts prior to coating or assembly of parts after coating. The buyer is responsible for having the product prepared for coating.

 

PACKAGING – Unless otherwise agreed upon, all parts will be repackaged as originally received at Twisted Metal Inc. Twisted Metal Inc may discard the original packaging and replace it with new packaging materials that are clean and oil free.

 

FREIGHT – Twisted Metal Inc assumes no responsibility for insuring shipments unless specifically requested by the buyer and then at the buyer’s expense and valuation.

 

HEAT – All parts submitted for powder coating must be capable of withstanding temperatures of 450 degrees Fahrenheit unless otherwise stated. Stripping of parts requires temperatures in excess of 800 degrees Fahrenheit. Parts submitted for stripping must be capable of withstanding a temperature of 800 degrees Fahrenheit for up to four hours. Such temperatures may result in distortion of the parts, cracking, broken joints, melting, etc. Twisted Metal Inc does not and cannot assume responsibility for the determination of the physical properties of your parts prior to processing. The buyer is responsible for determining if his product is capable of withstanding our processing.

 

TOLERANCES – In the absence of specific requirements provided by the customer on a print or in writing, commercial tolerances, specifications, and manufacturing practices, commonly used in the coating industry shall apply.

 

CANCELLATION/PAYMENT – Twisted metal Inc expects payment on services rendered, raw materials purchased, and any other actual expenses incurred on behalf of the buyer in the event an order is canceled or even if the product is rendered unusable.

 

LIABILITY – Twisted Metal Inc assumes no responsibility and/or liability for any damage suffered by customer’s product as a result of service provided by Twisted Metal Inc. Under no circumstances shall Twisted Metal Inc be responsible for any damages in excess of the amount of the purchase order and shall not be responsible in any instance for incidental, consequential, or punitive damages suffered or alleged to be suffered by the customer.

 

INSURANCE – Buyer’s material and fixtures shall not be insured by Twisted Metal Inc unless specifically stated in the quotation and made a part of the order at buyer’s expense. If no special agreement is made, Twisted Metal Inc assumes no responsibility for destruction or partial loss due to fire or other casualty beyond Twisted Metal Inc's specific and reasonable control.

 

WARRANTY – All Claims made will be reviewed after full payment is received and will be limited to the amount of coating costs only. Twisted metal Inc makes no warranty either expressed or implied, regarding the suitability, usability, durability, and/or ultimate customer satisfaction with regard to the product.

 

AGENTS REPRESENTATION – Twisted Metal Inc shall be held harmless of statements, either expressed or implied, or representations made by employees or agents.

 

INDEMNIFICATION – The customer shall indemnify and hold harmless Twisted Metal Inc, its officers, agents and employees from and against any and all claims, damages, losses, expenses, including attorney’s fees which arise out of or result from the goods and service provided by Twisted Metal Inc. This indemnification provision applies to any claim for property damage and/or bodily injury, and protects Twisted Metal Inc regardless of whether or not the damage was caused, in whole or in part, by Twisted Metal Inc. Customer further agrees to pay all court costs and attorney’s fees incurred by Twisted Metal Inc in enforcing this indemnification agreement.

 

APPLICABLE LAW – Customer agrees that any and all agreements, contracts, disputes, and/or lawsuits between the customer and Twisted Metal Inc are governed by the laws of the State of New York. Furthermore, the customer agrees that the Circuit Courts for Monroe County New York are the sole and proper location for venuing any and all agreements, contracts, disputes and/or lawsuits.