Terms and Conditions
- Governing Terms; Rejection of Customer Terms (Battle of Forms)
All work is provided only under these T&Cs. Any Customer terms (including purchase orders, supplier portal
terms, quality manual terms, flow-down clauses, statements of work, or other documents) that are
different, additional, or inconsistent are objected to and rejected.
HCE’s performance, shipment, or invoicing does not constitute acceptance of Customer terms. Any
deviation from these T&Cs must be expressly agreed in a written agreement signed by an authorized HCE
officer. Pricing may be adjusted to reflect any increased risk or obligations. - Quote Acceptance; Scope; Validity; Assumptions
Quotations are valid only for the period stated on the quote (or, if unstated, thirty (30) days). Quotes are
based on Customer-provided information and assume normal part condition and accessibility, standard
preparation and handling, and no unusual contamination, unknown alloys, hidden defects, or extraordinary
stripping/cleaning requirements.
Any service not explicitly listed in the quotation is excluded, including special masking/fixturing, engineering
support, segregated processing or special handling, customer-specific paperwork beyond standard
certification, or special inspection plans unless specifically quoted. - Customer Responsibility for Specifications; Fit-for-Use; Design Responsibility The customer is solely responsible for drawings, specifications, tolerances, material selection and condition, required thickness or dimensional allowances, bake requirements, critical surfaces, and intended use. HCE performs services to the instructions provided and does not warrant that the service will render the part fit for Customer’s particular purpose unless expressly agreed in writing. Where Customer mandates specific methods, processes, or procedures, Customer is responsible for their
correctness and for the suitability of the outcome for Customer’s application. - Incoming Condition; Pre-Existing Defects; Inherent Processing Risk
Metal finishing and related services can reveal latent defects and carry inherent risks due to handling,
chemicals, electricity, heat, agitation, racking, and part geometry. HCE is not responsible for defects or
failures attributable to base material imperfections or metallurgical limitations; prior
processing/plating/heat treat/repair; fatigue cracks, corrosion, pits, porosity, inclusions, or laminations;
complex assemblies with overlaps/inserts that trap solutions; or other pre-existing conditions not caused by HCE’s services. Customer remains responsible for ensuring parts supplied to HCE are suitable for the requested process and for disclosing any known issues, prior coatings, or special sensitivities. - Process Variation; Measurement; Test Uncertainty
Unless otherwise agreed in writing, sampling plans, measurement methods, and inspection practices are at HCE’s discretion and follow standard industry practice. Measurements are subject to normal instrument
and method uncertainty. If specifications require destructive testing or if Customer requests destructive testing, Customer authorizes such testing, and the affected parts will be considered consumed by the test. - Changes; Extra Work; Stop-Work Authority
If inspection or processing reveals conditions requiring additional work beyond the quote (including
additional stripping cycles, unusual preparation, corrective actions, special fixturing, re-testing, or
documentation), HCE may issue a change order/re-quote, proceed with reasonable additional operations
necessary to attempt completion, or stop work pending Customer approval (at HCE’s option). The customer is responsible for all charges incurred up to the stop point, including labor, consumables, testing, and reasonable handling/storage. - Best-Effort / Salvage Work (No Warranty; No Liability Beyond Cap) Work on salvaged, previously failed, heavily corroded, repaired, unknown-history, or attempt to save; parts is best-effort only, with no warranty and no liability beyond the limitations in these T&Cs unless HCE expressly agrees otherwise in writing.
- Packaging; Shipping; Risk of Loss in Transit
Unless otherwise stated in writing, shipments are FOB HCE facility and risk of loss passes to Customer upon tender to carrier. Damage in transit is Customer’s responsibility and must be claimed with the carrier.
HCE will package per standard practice unless special packaging requirements are provided in writing and
accepted/quoted by HCE. - Inspection, Acceptance, and Claim Deadlines
Customers must inspect parts immediately upon receipt.
(A) Quality / Nonconformance / Rejection Claims: All claims for nonconforming processing must be made in writing within thirty (30) days of Customer’s receipt of the parts. After thirty (30) days, the work is deemed accepted and all claims are waived.
(B) Shortage / Count / Paperwork Claims: Claims for shortages in count/weight, paperwork errors, or
shipping discrepancies must be made in writing within five (5) business days of receipt.
(C) Waiver by Use/Assembly/Alteration: If Customer (or any third party) installs, assembles, processes,
plates over, paints, machines, welds, heat-treats, or otherwise alters the parts after receipt, Customer
waives all claims against HCE related to those parts. - RMA Required; Return Condition; Opportunity to Inspect
No returns are accepted without a written Return Material Authorization (RMA) issued by HCE. Customer
must keep parts segregated and in the same condition as delivered, maintain traceability information
(PO/lot/serial/router/packing slip), and allow HCE a reasonable opportunity to inspect before any third-
party rework or alteration. - Exclusive Remedy (HCE Controls the Remedy)
If a timely claim is validated by HCE and attributable to HCE’s processing, Customer’s sole and exclusive
remedy is, at HCE’s option: (1) rework/reprocess of the affected parts, or (2) credit/refund limited per
Section 12. Under no circumstances shall remedies include teardown/disassembly/reassembly, removal/reinstallation, field service, line-down costs, aircraft-on-ground costs, third-party labor, or downstream processing costs. - Maximum Liability Cap (Including Damage While at HCE)
HCE’s maximum aggregate liability for any and all claims – including loss, damage, or destruction of
Customer parts while in HCE’s care, custody, or control, and regardless of legal theory (contract, warranty,
tort, negligence, strict liability) – shall not exceed the lesser of: (a) the amount paid to HCE for the specific
services performed on the affected parts, or (b) the quoted price for those services if unpaid. Customer acknowledges that HCE’s pricing is based on this allocation of risk. If Customer requests higher
liability coverage, it must be negotiated in writing before shipment to HCE and may require additional fees
and/or insurance arrangements. - No Consequential, Special, or Indirect Damages
In no event shall HCE be liable for incidental, special, indirect, punitive, or consequential damages, including but not limited to: lost profits, lost revenue, loss of use, business interruption, schedule impacts,
penalties/chargebacks, recall costs, aircraft-on-ground costs, or teardown/disassembly/reassembly costs,
even if advised of the possibility. - Fallout / Shrinkage / Scrap Allowance
Customer acknowledges some fallout may occur due to processing realities, part geometry, and base
material condition. Unless otherwise agreed in writing: up to two percent (2%) fallout/shrinkage may be
considered normal/allowable for certain geometries/materials, and higher normal fallout may apply for
complex materials/assemblies (castings, sintered materials, tight overlaps, inserts, laminations) as quoted
or communicated by HCE. - Prior Coatings / Previously Processed by Others
HCE assumes no responsibility for defective outcomes caused by parts previously plated, coated, painted,
welded, repaired, or otherwise processed by others, including unknown underlayers, trapped
contamination, or incompatibility with prior processes. - Payment Terms; Interest; Collection; Attorneys’ Fees
Invoices are due per stated terms. Past-due balances may accrue interest at the maximum lawful rate.
Customer agrees to pay reasonable collection costs, including attorneys’ fees and court costs, as permitted
by law. - Lien / Right to Withhold Shipment / Storage Fees
HCE retains a possessory lien on Customer property for unpaid charges and may withhold shipment until all amounts due are paid. If Customer delays pickup, issues repeated holds, or fails to provide timely disposition, HCE may charge reasonable storage/handling fees. Property may be deemed abandoned after a stated period consistent with applicable law. - Cancellation / Order Holds / Minimum Lot Charges
If Customer cancels or places an order on hold after work begins, Customer must pay for work performed
and committed costs (including materials/consumables and special tooling/fixtures, if any).
Where minimum lot charges apply, unit pricing for credit/limit calculations may be based on the minimum
lot charge allocated across the order quantity. - Compliance Flow-Downs (Accepted Only If Explicit)
Customer flow-down clauses apply only if provided before quote and expressly accepted in writing by HCE. Any flow-down that expands liability beyond these T&Cs is rejected unless expressly agreed in writing by an authorized HCE officer. - Indemnity (Third-Party Claim Shield)
Customer agrees to indemnify, defend, and hold harmless HCE from third-party claims arising out of
Customer’s design/specifications, downstream use/installation, mandated methods/procedures demanded
of HCE, or Customer’s failure to perform required post-processing (e.g., bake, inspection, handling), except to the extent finally determined to be caused solely by HCE’s willful misconduct. - Statute of Limitations (Time-Bar Lawsuits)
No lawsuit or action may be brought against HCE unless filed within twelve (12) months after the claim
arises, regardless of any longer statutory period. - Force Majeure
HCE is not liable for delays or failures caused by events beyond its reasonable control, including power
outages, equipment failure, supply disruption, labor disruption, fire, flood, storms, government action,
pandemics/mandates, or carrier delays. - Confidentiality; HCE Intellectual Property; Tooling/Fixtures
Customer’s proprietary information will be treated as confidential to the extent reasonably practicable. HCE retains ownership of its processes, methods, know-how, racks/fixtures, masking methods, and tooling unless otherwise agreed in writing. - Governing Law; Venue
These T&Cs are governed by the laws of the State of Florida, without regard to conflicts of law principles.
Exclusive venue for disputes shall be in the state or federal courts located in the county of HCE’s principal
place of business, unless HCE elects otherwise. - Entire Agreement; Non-Waiver; Modification in Writing
These T&Cs, together with the accepted quote/work order, constitute the entire agreement for the
services. Failure to enforce any term is not a waiver. Any modification must be in writing and signed by an
authorized HCE officer.
End of Terms and Conditions