Terms & COnditions
These Terms & Conditions ("Agreement") govern all services provided by SPC Enterprises LLC ("SPC"). Submission of parts for coating, approval of a quotation, issuance of a purchase order, or acceptance of delivery constitutes full and unconditional acceptance of this Agreement.
1. Quotations & Pricing
All quotations are estimates only and are subject to change without notice until parts are received, inspected, and approved for processing. Pricing is based on standard processing conditions unless expressly stated otherwise in writing.
If additional labor, materials, surface preparation, stripping, sanding, multiple wash cycles, re-coating, masking, repair, or corrective processing is required due to unforeseen conditions, contamination, pre-existing coatings, substrate defects, or other non-disclosed factors, SPC reserves the right to adjust pricing accordingly.
SPC reserves the right to impose minimum charges per color, batch, or order.
2. Quantities & Counts
SPC does not verify customer-stated quantities before processing. Final billing quantities shall be determined solely by SPC’s count after processing is completed.
SPC shall not be responsible for shrinkage, loss, or minor quantity discrepancies, particularly with small parts or parts difficult to rack or hang, as minor shrinkage may occur during normal processing.
3. Payment Terms
Payment is due as stated on the invoice unless prior written credit approval has been granted by SPC. SPC reserves the right to withhold the release of completed goods until payment is received in full.
Past due balances shall accrue interest at the rate of 1% per month (12% annually) or the maximum rate permitted under Missouri law, whichever is less.
Items remaining unpaid or uncollected more than ___ days after completion may incur storage fees and may be deemed abandoned property. SPC reserves the right to dispose of abandoned items without further notice.
4. Cancellation
If an order is canceled after materials are purchased or processing has begun, customer shall be responsible for payment of all services rendered, labor performed, materials purchased, and expenses incurred, regardless of the usability of the product.
5. Warranty Disclaimer & Limitations
SPC warrants only that the powder-coated finish will adhere under normal use for ___ days from the invoice date.
This limited warranty does not cover damage resulting from improper handling, installation, storage, chemical exposure, environmental conditions, UV exposure, corrosion, impact, abrasion, misuse, neglect, or normal wear and tear.
Variations in color, gloss, texture, film thickness, and edge coverage are inherent characteristics of powder coating and shall not constitute defects.
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
Any claim must be submitted in writing after full payment is received and within the warranty period. SPC’s sole obligation and customer’s exclusive remedy shall be limited to re-coating of the affected parts or refund of the coating service fee, at SPC’s sole discretion. Under no circumstances shall liability exceed the amount paid for coating services.
6. Material Condition & Substrate Risk
Customer represents and warrants that all parts submitted are structurally sound and suitable for high-temperature processing.
SPC assumes no responsibility for:
Pre-existing defects
Pitting, rust, weld marks, cracks, broken joints, or structural weaknesses
Damage caused by prior coatings or treatments
Contamination or embedded substances within the substrate
Powder coating will not conceal surface imperfections. Pre-existing defects that become visible after processing are not grounds for a claim.
7. Heat-Related Risk & Stripping
Powder coating typically requires curing temperatures up to 400°F - 450°F.
The customer assumes all risks associated with heat exposure. SPC shall not be liable for warping, distortion, cracking, melting, joint failure, dimensional changes, or metallurgical alteration resulting from heat processing.
The customer is solely responsible for determining material suitability prior to submission.
8. Masking & Specifications
Masking shall be performed only in accordance with written instructions or drawings provided by the customer.
SPC shall not be responsible for coating applied to threads, mating surfaces, bearing surfaces, grounding points, or functional areas unless clearly specified in writing before processing.
In the absence of written specifications, standard commercial tolerances and industry practices shall apply.
9. Assembly & Preparation
SPC is not responsible for disassembly before coating or reassembly after coating unless expressly agreed in writing. The customer is responsible for ensuring parts are properly prepared and suitable for coating.
10. Packaging & Shipping
Unless otherwise agreed in writing, parts will be repackaged in a commercially reasonable manner. SPC reserves the right to discard contaminated or unsuitable packaging and substitute clean materials.
If shipping instructions are not provided, SPC may select a carrier at its discretion. Risk of loss transfers to the customer upon release to the carrier.
SPC does not insure shipments unless specifically requested in writing and paid for by the customer.
11. Turnaround Times
All turnaround times are estimates only and are not guaranteed. Delays due to weather, equipment malfunction, supply chain interruption, curing variables, material condition, labor shortages, or other events beyond SPC’s control shall not constitute breach of contract.
12. Limitation of Liability
SPC’s total liability for any claim arising out of or related to services performed shall be strictly limited to the amount paid for the specific coating services at issue.
IN NO EVENT SHALL SPC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOST PROFITS, LABOR COSTS, MATERIAL COSTS, OR BUSINESS INTERRUPTION.
13. Insurance & Risk of Loss
Customer materials and fixtures are not insured by SPC unless specifically agreed in writing and paid for by the customer.
SPC shall not be responsible for destruction, damage, or partial loss due to fire, theft, natural disaster, equipment failure, or any event beyond SPC’s reasonable control.
14. Indemnification
The customer agrees to indemnify, defend, and hold harmless SPC Enterprises LLC, its owners, officers, employees, and agents from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including attorney fees) arising out of or related to the goods or services provided, including claims for property damage or bodily injury.
This indemnification obligation applies regardless of whether such claim is alleged to be caused in whole or in part by SPC, except to the extent prohibited by Missouri law.
15. Collection & Legal Fees
The customer agrees to pay all costs of collection, including attorney fees, court costs, filing fees, and related expenses incurred by SPC in recovering unpaid balances.
16. Governing Law & Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri.
Customers agree that exclusive venue for any dispute, claim, or legal action shall lie in the state courts located within Missouri.
17. Severability
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
18. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior oral or written agreements. No modification shall be binding unless in writing and signed by an authorized representative of SPC.
19. Acceptance
By submitting parts for coating, approving a quotation, issuing a purchase order, or accepting delivery, the customer acknowledges that they have read, understood, and agreed to all Terms & Conditions contained herein.