Standard Terms and Conditions of Sale

MET warrants that finished products correspond with the description in the Purchase Order and any applicable specifications, are new (unless otherwise indicated in the Purchase Order), of good and merchantable quality and fit for any purpose held out by MET, or made known to MET by the Customer expressly or by implication, and in this respect, the Customer relies on MET’s skill and judgment.

MET shall be responsible for ensuring all inspections and testing of the products, that MET considers necessary, are properly and adequately performed. The products shall be subject to final inspection and acceptance or rejection by the Customer upon the arrival at their destination as specified in the Purchase Order. If following inspection or testing the Customer considers that the products do not conform or are unlikely to comply with MET’s obligations under this agreement, the Customer shall inform MET and MET shall immediately take the necessary remedial action to ensure compliance.

MET shall ensure that the products are properly packed and secured in such a manner as to enable them to reach their destination in good condition and MET shall deliver the products to the Customer during the Customer’s usual business hours or those otherwise agreed with the Customer.

Quotes and prices for Customers are subject to the following:

a) All purchase prices are subject to change. Customer will be notified of changes with corresponding reasoning. A new agreement will be made in the form of a revised Purchase Order from the Customer.
b) Unless otherwise stated, the expiration of quotes is 30 days. Consumables, precious metals, and labor rates vary. MET reserves the right to refuse acceptance of pricing that is assumed or used outside of the 30 days.
c) Errors in quotes due to stenographic, typographical and clerical are subject to correction.
d) The prices quoted are for goods only and do not include shipping, additional quality services, blueprints, design, testing, or packaging outside of MET’s normal processes.
e) Quotes assume that MET will use its standard scale AQL on outgoing Customer products. Any additional quality services (e.g. FAI, PPAP, CPK, etc.) will come at additional costs and be provided at the time of quote, if available.

The price of the goods and services is the price stated on the invoice. Customer shall pay all properly invoiced amounts due MET within thirty (30) calendar days after receipt, except for any amounts disputed by the Customer. Any discount terms provided herein delivery at destination or the date of mailing the invoice, whichever is later. Customer shall pay interest on all late payments at the lesser of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Customer shall reimburse MET for all costs incurred in collecting any late payments including, without limitation, attorney’s fees, and court costs.

If Customer disputes any invoice or portion thereof, it shall notify MET in writing within thirty (30) days of receipt of said invoice, detail the reason for the dispute, and pay all undisputed amounts. All charges not timely disputed in writing shall be deemed to be undisputed and shall be due and payable as set forth above.

MET will usually obey the transit shipping instructions of the Customer; however, MET retains the
right to collect freight for shipping goods and to choose the means of transport and routing when
the instructions of the Customer are considered unacceptable. Risk of failure or harm shall be passed to the Customer upon delivery of the goods at the point of FOB to the transport company. If shipping is Pre-Pay and added to the invoice, Customer must notify MET if they would like to insure the value of the package. If no insurance is paid, the Customer is fully liable for any lost package. Claims can be submitted on behalf of the Customer via the carrier, but MET is not liable to replace, refund, or cancel orders based on loss of packages by 3rd party shipping carriers. When using Customer shipping accounts to be billed collect, MET is not liable for determining and adding insurance when not stated by Customer on the Purchase Order. Shipping collect via Customer shipping account immediately puts responsibility on chosen shipping provider. MET will not be liable for shipping damage, loss of goods in transit, or any additional costs added to the shipment by the chosen shipping provider.

MET will make every effort to ship orders by the Customer requested due dates. However, MET will not be liable for any costs or burden caused by deliveries that are viewed as late, non-conforming, or lost in transit. MET will manage but is not liable for our subcontractor’s mistakes. MET will not be liable for actions beyond its control which include, but not limited to, state or government lockouts/mandates, pandemics, natural disasters, fire, water, hazardous, lock out, key employee accident, etc. MET will serve our Customers at a level of business that will accommodate all their needs; however, MET is not liable for requirements that were not expressed in the Purchase Order or assumed by the Customer.

Large-volume, steady running products can be ordered for our shared convenience and economy for extended delivery periods up to one (1) year from the date of the first shipment. Minimum release quantities and Customer responsibility of fulfillment of the blanket order in the event of unforeseen cancellation must be mutually accepted and stated on the Purchase Order in order to understand economy from this before approval can be granted.

Tooling costs will be assessed on new etched products. In addition, revision changes, layout changes, obsolete production tooling that requires replacement will be subject to a tooling fee. Multiple tooling charges could be assessed based on the design process required. If the Customer has not used tooling for a five-year period, MET reserves the right to scrap them without warning.

It is difficult to reliably estimate the quantity of parts that will be lost in manufacturing or rejection by our final inspection department. Prices will be dependent on the right to ship over or below 10% of the quantity ordered, unless otherwise stated in the quotation.

Within ninety (90) days after delivery, any non-conforming products shall be drawn to MET’s attention in writing. The Customer waives every right to subsequently deny or withdraw acceptance. A Return Material Authorization (RMA) will be given if authorization is granted for return. MET shall not be responsible for any direct or indirect injury, loss or damage resulting from the use of, or inability to use the product. Customer shall assess the suitability of MET provided product within Customer intended design and use. Therefore, the Customer shall assume all responsibility and liability whatsoever in connection with their final product.

No Purchase Order can, except by mutual agreement in writing, be cancelled or terminated by the Customer. The termination by mutual consent is subject to the conditions set out below:

1. The Customer shall pay, at the relevant contract rates, for all goods which are entirely produced
   and which are attributable to the Customer upon receipt of the notice of termination by MET;
2. The Customer shall pay all expenses, direct and indirect, incurred by MET in respect of the
   goods not fully produced at the time of receipt of the notice of termination by MET plus a pro rata
   portion of the contract’s usual profit;
3. If there are any other costs affected by the termination, the Customer may be subject to additional charges.

Purchase Orders for special parts produced to the specification of the Customer are approved with the understanding that any suit that may be brought against them or MET by reasons of our production of such parts will be defended by the Customer at their own expense. We reserve the right to have our name or trademark appear on each piece and to use any pieces or examples thereof on our website, in advertisements, and in marketing materials unless otherwise agreed upon.

This agreement shall be governed by, construed, and interpreted in accordance with the laws of the State of Indiana in which MET has its principal place of business. Any dispute will be subject to the exclusive jurisdiction of the Courts of that State.