EXACTATHERM
LIMITED
TERMS AND CONDITIONS
ALL WORK IS
ACCEPTED SUBJECT TO THE
FOLLOWING TERMS:
1.
WARRANTY
(a) The company warrants that the heat
treatment and other incidental work to be performed by the Company will be conducted in
good and workmanlike manner accordance with specifications supplied by the Customer.
11.
LIMITATIONS ON THE COMPANY'S LIABILITY
(a) The company's liability, whether
arising from breach of the warranty as herein provided, contract or tort, shall not exceed
twice the amount of the Company's charges for the work done on any material.
(b) In no event will the company be
liable for any personal injury, property damage or any special, indirect or consequential
damages or economic loss, including but not limited to loss of profits, loss of
production, re-call or any other losses, expenses or liabilities or resulting from
company, its servants or agents. Without limiting the generality of the paragraph:
i) The Company shall
in no event be liable for shrinkage, expansion, deformity or rupture of material in
heating or straightening nor for rupture caused by or occurring during subsequent
grinding;
ii) The Company shall
in no event be liable if the Customer provides detailed instruction as to the treatment of
material and those instructions are followed by the Company;
and
iii) The Company
shall in no event be liable for loss, damage or delay caused by an Act of God, The Queen's
or Public Enemies, Riots, Strikes, The Authority of low, or by Quarantine or form caused
beyond the reasonable control of the Company.
111. CUSTOMER'S OBLIGATIONS
(a) The Customer, by
contracting for metal treating and/or other work to be performed by the Company agrees to
accept the limitation on the Company's liability as expressed in this statement to the
exclusion of any and all provision as to liability on the Customer's own invoices,
purchase orders or other documents or any oral or written representations or agreements
which have not been duly signed by any officer of the company. If the customer desires his
own, provision as to the Company's liability to prevail such must be agreed to in writing
signed by an officer of the Company. In such an event, a higher charge will be made for
the Company's services.
(b) Failure by the customer to
indicate plainly and correctly the kind of material (i.e. the proper alloy designation) to
be treated shall cause an extra charge to be made to compensate for any additional
expenses incurred by the Company as a result thereof.
(c) The Customer agrees to inspect
the treated material immediately upon receipt. All claims against the Company for a breach
of the limited warranty as herein provided must be submitted to the Company prior to the
further processing, assembling or any other work that is undertaken with treated material.
No claim's for shortage in weight or count shall be made by the Customer unless presented
to the company within FIVE (5) working days after receipt of materials by the Customer.
(d) The customer covenants and agrees
to indemnify and save the Company, its servants and agents harmless form any liability in
connection with the services provided by the Company in excess of that which the Company
has agreed to assume herein. The customer further agrees to indemnify and save harmless
the Company, its servants and agents from any further damages, indemnity or contribution.
(e) THE CUSTOMER UNDERSTANDS AND
AGREES:
(i) THAT THE STATEMENT OF LIMITED
LIABILITY AS HEREIN PROVIDED IS SPECIFICALLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED
WARRANTY OR CONDITION WHETHER ARISING BY OPERATION OF STATUTE, COMMON LAW OR IN EQUITY;
ii) NO ALTERATION OR AMENDMENT OF THE
ABOVE CONDITIONS SHALL BE BINDING ON THE COMPANY EXCEPT IF MADE IN WRITING DULY EXCEPTED
BY AN OFFICER OF THE COMPANY
AND
iii) THE COMPANY'S LIABILITY
HEREUNDER SHALL CEASE AND BE AT END AT SUCH TIME AS ANY OTHER PERSON UNDERTAKES FURTHER
PROCESSING, ASSEMBLY, OR ANY OTHER WORK ON THE MATERIAL.
1V. OTHER TERMS
(A) All prices, quoted or otherwise,
are F.O.B. our plant and are exclusive of any transportation costs.
(B) Quotations are for immediate
acceptance and unless otherwise stated, are subject to change without notice.
(C) Terms are net 30 days, interest
will be charged at 2% a month on all overdue accounts.
(D) All merchandise shall remain the
property of the Customer at all times and the Customer assumes all risks of loss,
destruction or spoilage, except as covered by insurance.
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