USS CORPORATION

TERMS & CONDITIONS

USS Corporation (USS) will provide its added value decoration services under the following conditions:

  1. NEW ACCOUNTS: Pre-payment of 50% is required with Purchase Order and balance prior to shipment.
  2. CREDIT VERIFICATION: Credit terms will be established upon receipt, verification and approval of submitted references as well as Terms and Conditions herein. Approval or denial of credit terms is dependent on these findings. USS reserves the right of denial based on its review.
  3. PAYMENT TERMS: Terms are "Net 30 Days" from date of shipment/Invoice.
  4. QUOTATIONS: Quotation(s) will be submitted based on requirements and valid for a period of 30 days.
  5. SAMPLING: Sampling, receipt of client approval letter, return of signed standards and any applicable fee is necessary prior to production commencement.
  6. PRODUCTION LEAD TIMES: Lead times are necessary prior to production commencement and usually range between 2 and 3 weeks from receipt of artwork, return of signed standards and receipt of production glass. Spraying lead times may be longer depending on material supplier or other factors. Production run times are based on individual project details and quantities required. A DRP (daily rate of production) will be supplied to client upon request and based on the individual project requirements.
  7. PRODUCTION TOOLING: Tooling contribution(s) and/or Tooling charge(s) may be assessed depending on project requirements.
  8. STANDARDS/RANGE BOARDS: Standards/range boards are highly recommended to determine acceptable level control specifications. Color deviation tolerances are possible due to a number of factors including but not limited to climatic changes, humidity, normal variances in lehr/oven temperatures and bottle positioning within lehr(s). The color of any actual production may vary slightly when compared with approved samples. USS Corporation shall not be held responsible for any such deviation tolerances and/or minor variations in color from approved samples resulting from the factors set forth above. Such deviations and minor color variances shall not give rise to any breach of contract claim or tort claim or otherwise.
  9. ORGANIC COATING ADHESION: Surface adhesion utilizing organic coatings/inks cannot be guaranteed due to the nature of the product. Decorated ware utilizing these materials is subject to rotational scuffing/scratching (especially during transport or equipment handling) and dependent on proper packaging. Packing materials that may alleviate or reduce this problem such as poly-form trays and wax partitions are highly recommended but not supplied by USS. Individual poly-bagging is also recommended and can be provided by USS on a fee basis. USS Corporation shall not be held responsible for such surface adhesion circumstances as set forth above. Such surface adhesion circumstances as set forth shall not give rise to any breach of contract, claim or tort claim or otherwise.
  10. POSITION DEVIATION REQUIREMENTS: USS requires screen printing position deviation tolerances at a maximum of 2/32" on any vertical or horizontal axis.
  11. ALLOWABLE LOSS FACTORS: USS abides by Industry Standard loss percentage allowances. Orders exceeding 5K units will be subject to a 3% loss allowance per pass/process. Smaller orders of less than 5K units will be subject to a 5% loss allowance per pass/process.
  12. COMPATIBILITY TESTING: Product compatibility testing is at the sole discretion of the client and not offered by USS. It is highly recommended that such testing utilizing the client's specific product be conducted on samples provided by USS to ensure that no adverse reaction affects the decoration prior to any full scale production processing. USS Corporation shall not be held responsible for any adverse reaction which affects decoration set forth above. Such adverse effects to the decoration as set forth above shall not give rise to any breach of contract claim or tort claim or otherwise.
  13. PURCHASE ORDER CANCELLATION: Customer Purchase Order(s) received may be cancelled prior to raw material purchase(s) being initiated with USS supplier(s) and will be subject to a processing fee not to exceed $250. Purchase Order(s) cancelled after raw material purchase(s) is initiated is subject to the full cost of the material purchase(s) including any additional applicable charge.
  14. QUALITY CONTROL/ASSURANCE: USS provides its clients with an incoming AQL 105E Mil inspection(s) to determine the quality of supplied glass. This audit will assist in ascertaining whether any defects or contaminants exist that may prevent an acceptable level/quality of decorated work. Documentation will be provided outlining these findings. Interim floor inspection(s) are conducted throughout various steps in the manufacturing process. Final AQL 105E Mil inspection is repeated on the decorated ware prior to it leaving our facility, utilizing acceptable methods and processes.
  15. SHIPPING TERMS: Shipping terms are FOB: Newark, NJ. USS does not provide freight services either to or from its facility nor does it guarantee the safe transport through its final destination. Any damage associated with transport is the sole responsibility of the carrier and to be taken up directly by the client with its contractor. USS Corporation shall not be held responsible for any damages, delays, defects, arising from the transportation of the product. Such damage, defect and/or delay, or otherwise arising for the transportation of the product shall not give rise to a breach of contract claim or tort claim or otherwise. Further, the buyer shall defend, indemnify and hold harmless Seller from any and all claims arising, whether in tort, contract, warranty, or otherwise, arising out of the transportation of the product sold including all reasonable expenses, including, without limitation attorney's fees and court costs.
  16. CLIENT INSPECTION: Customer Inspection Responsibility - Once merchandise arrives at client's facility or that of its sub-contractors it is highly recommended that the ware be inspected within a reasonable period of time (no longer than 30 days) prior to any further handling. Once merchandise is processed by the client or a third party USS will not accept liability. Only industry AQL or similar inspection/audits will be accepted with regard to reject able issues. Line culls (100% inspections) are not considered valid nor accepted. Any rejection found at the initial point of receiving and falling under Industry acceptable tolerances such as AQL 105E should be followed by samples representing the defective issue(s) along with proper documentation outlining the extent of the issue(s). If merchandise is found to be defective under these conditions we reserve the right to inspect such ware, have the merchandise returned for re-working or issue a full credit/replacement as we deem necessary. We fully stand behind our decorating services under the above conditions.
  17. DECORATION LIABILITY: USS will only accept liability with regard to its decorating service(s). USS is not responsible for issues relating to glass, packaging, transport, filled product, loss of business, etc. Buyer shall defend, indemnify and hold Seller harmless against any and all claims however arising, whether sounding in tort, contract, warranty, or otherwise which in any way, shape or form results from the claim of defective glass, packaging, transport, or otherwise for reasonable expenses, including, without limitation attorney's fees and court costs, arising after the date hereof and resulting from any damage to product, personal injury to any person or any damage to property, caused by any claim defect in the glass, packaging, or negligence in the transport, filled product, and/or for any loss of business.
  18. STORAGE & WAREHOUSE FEES: USS may warehouse customer glass (received for processing by USS) free of charge for a period up to but not exceeding six (6) months. Merchandise storage of longer than six months will be subject to a $15 per pallet per month charge. Merchandise received and removed without processing will be subject to an additional charge of $15 per pallet IN/OUT charge. USS will not accept any liability for merchandise left longer than 12 months and will consider such merchandise abandoned by customer, reserving the right to dispose of it as it sees fit unless prior arrangements have been agreed to. Customer(s) requesting the return of unprocessed merchandise must first pay all accrued fees prior to/and as a condition of release.
  19. FACILITY ACCESS & AUDITS: USS will not allow independent access to its facility unless such access was previously agreed upon in writing by the invitation of USS. Disclosure of any information whether financial, environmental or general will not be granted and is considered proprietary and confidential. Only information pertaining to client's project(s) or accounts will be provided.
  20. DISPUTE RESOLUTION: Buyer (client) and Seller (USS) irrevocably consent to the exclusive jurisdiction of and venue in the state or federal courts located in the State of New Jersey in any and all actions arising between or among any of the parties hereto and the choice of law is agreed to be that of the State of New Jersey. Buyer agrees to indemnify Seller with respect to all attorney's fees and costs incurred by Seller in connections with any suit brought by Seller to collect any sums due to Seller from Buyer.
  21. FORCE MAJEURE: USS Corporation shall not be deemed to have defaulted or failed to perform hereunder if USS Corporation's inability to perform or default shall have been caused by an event or events beyond the control and without the fault of USS Corporation including, without limitation acts of government, embargos, fire, flood, explosions, acts of God or a public enemy, strikes, vandalism, etc.
  22. AGREEMENT: This is the entire Agreement and the terms and conditions of this Agreement supersede all prior communications, representations or agreements between the Parties, whether verbal or written, and this Agreement contains the entire Agreement between the Parties irrespective of the subject matter hereof, and prior or collateral representations, promises or conditions in connection with the subject matter hereof that are not incorporated herein are not binding upon the Parties. The invalidity, illegality or unenforceability of any one or more provisions of this Agreement shall in no way affect or impair the validity, legality or enforceability of the remaining provisions hereof which shall remain in full force and affect.

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