TERMS AND CONDITIONS OF SALE AND LIMITED WARRANTY OF PRECISION THERMAL PROCESSING, INC. (HEREINAFTER REFERRED TO AS “PTP”).
NOTICE TO CUSTOMERS: READ CAREFULLY, THESE TERMS AND CONDITIONS CONTAIN DISCLAIMERS OF WARRANTIES AND STRICT LIMITATIONS OF LIABILITIES AND REMEDIES.
PTP’s procedure is to place accounts exceeding sixty (60) days on C.O.D. The customer shall pay interest on all past due amounts at the lesser of the maximum legal rate permitted by law or eighteen percent (18%) per annum until paid in full. The customer shall be responsible for all of PTP’s collection costs including reasonable attorney fee’s incurred.
LIMITED WARRANTY: PTP warrants that it will perform its services in a good and workmanlike manner and that such services will be free from material defect for a period of ninety (90) days following completion of the services provided however it shall be the duty of the customer to inspect the merchandise immediately upon its return, and all claims under these Terms and Conditions must be reported to PTP prior to the time the merchandise is put to use or sold to others and before any further processing, assembly or other work has been done on said material (“Warranty Period”). All claims for breach of warranty must be submitted in writing to PTP within the Warranty Period. The warranty is void if the merchandise is misused, abused, or modified following delivery of the merchandise to the customer.
PTP MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, THAT PARTS OR MATERIAL TO BE HEAT TREATED OR THAT ANY WORK OR SERVICE WHICH IT HAS OR SHALL PERFORM THEREON, INCLUDING HEAT TREATMENT, SHALL BE MERCHANTABLE OR FIT OR SUITABLE FOR ANY PARTICULAR USE OR PURPOSE. PTP MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS IS EXPRESSLY SET FORTH HEREIN ALL SUCH OTHER WARRANTIES BEING HEREBY DISCLAIMED.
PTP shall not be liable for any special indirect, incidental or consequential damages in connection with the performance of any service by it hereunder or for the breach of any of the obligations owed to customer. The customer recognizes that there are certain hazards involved in the services performed by PTP including heat-treating. Accordingly, in the event legal liability of PTP is established for any cause or reason whatsoever, including, without limitation for breach of warranty, the sole and exclusive liability of PTP and the exclusive remedy of customer shall be recovery of an amount not exceeding twice the amount of the charges for the work done or services performed that gave rise to the liability (first, to reimburse for the charges and secondly, as compensation for all damages sustained by customer or any end user whether actual, general, incidental, indirect, punitive, consequential, special or otherwise). If customer desires its own provisions as to liability to remain in effect, this must be agreed to in writing, signed by an officer of PTP, in such event a higher charge will be made for our services.
PTP also reserves the right to issue credit memos to the customer for any such obligations herein.
PTP assumes no obligation to perform any type of metallurgical or laboratory testing of the materials upon which work will be performed or services have been rendered for hardness, cracks, tensile strength, and elasticity or otherwise. All such testing to be the sole responsibility and obligation of the customer unless a duly authorized representative of PTP has certified in writing that it has performed such tests separate and apart from the performance of the work or the rendition of the service herein called for and unless customer has agreed to pay all charges of PTP. Therefore, the discretionary performance of random sample testing by PTP without making any charge to customer therefore is for the internal purposes of PTP only and shall in no way create any liability or obligation to customer.
PTP does not represent, warrant or certify that the materials treated, processed or worked upon will conform to any particular specification or description unless it has so certified thereto in writing signed by a duly authorized representative of PTP. If materials are furnished with detailed instructions from the customer as to the type of treatment to be performed, PTP shall be obligated to perform the treatment in accordance therewith, but PTP agrees only that the treatment as specified by the customer shall be performed and does not guarantee, represent or warrant that solving any particular metallurgical problem(s) will thereby be achieved.
PTP shall have no liability for alleged shortage in weight or count unless claim therefore is presented within five (5) working days after receipt of the materials by customer and then only in the event such shortage in weight or count, if any, is verified by PTP.
PTP shall have no liability for shrinkage, expansion, deformity or rupture of materials resulting from work done or services performed by it including heat treatment, straightening or otherwise except by written agreement nor in any case for rupture caused by or occurring during subsequent grinding, treatment or use by others. Failure by customer to indicate plainly and correctly the kind of material (i.e. make, brand and grade of steel) to be treated shall cause an extra charge to be made to cover any additional expense incurred as a result thereof.
Customer shall be solely responsible for all crating, freight, and other charges for round trip transportation of any material or parts that become the subject of any warranty claim to the place designated by PTP for inspection and for all transportation costs to ship materials to and from PTP plant unless otherwise agreed in writing by PTP.
No agent, employee or representative of PTP is authorized to alter, amend or waive these Terms and Conditions or to assume any other obligation or liability for PTP except in writing duly approved by an authorized officer of PTP.
The customer, by requesting material treatment, agrees to accept the limits of liability as expressed in these Terms and Conditions to the exclusion of, and shall be deemed to supercede, any and all provisions contained in any oral or written invoices, purchase orders, communications or documents previously or hereafter delivered, communicated or submitted by customer, including without limitation, any descriptive literature pertaining to the services, procedures, workmanship, facilities or techniques of PTP, unless such customer’s provision(s) is/are (i) agreed to in writing, prior to the commencement of any work by PTP to which such provision(s) is/are to pertain, (ii) signed by an authorized representative of PTP, and (iii) dated after the date of the presentation of these Terms and Conditions to the customer. In such event, a different charge shall be determined by PTP and submitted to the customer prior to the commencement of any work affected by the customer’s provision(s).
The services covered in this invoice have been performed in compliance with the Fair Labor Standards Act of 1938, as amended to the extent applicable to PTP.
Materials remain for the account and at the risk of the customer during transportation to and from PTP’s premises, during loading and unloading, internal transport, storage and treatment. PTP does not accept any liability for loss or damage caused by fire, explosion or water. PTP has no responsibility for insuring customer’s materials.
The customer guarantees that the customer’s material(s) will not represent any hazard, environmental or otherwise, to PTP’s facilities or personnel.
The customer agrees to pay any excise, sales, gross receipts, uses or occupation tax or other tax levied upon any service, contract, shipment or delivery incident thereto.
PTP shall not be responsible for delays due to war, acts of God or the public enemy, acts of government, fire, floods, strikes, labor trouble, inability to obtain supplies or fuel, sabotage, freight equipment problems and transportation and other delays or causes beyond the control of PTP.
The laws of the State of Wisconsin shall govern over the interpretation and enforcement of the Terms and Conditions.
PTP and the customer realize that in connection with the provision of services or the manufacture of product, each may furnish the other certain of its trade secrets and other Confidential Information (meaning such information as has been identified as confidential was not already known to the other and is not publicly known or available unless through the fault of the other). Both PTP and the customer agree to maintain the other’s confidential information in confidence and not to disclose it to any third party or use it without the prior written consent of the other. If the customer develops an invention or confidential information in the process of working with PTP in connection with services or customer products, the invention or confidential information will be the property of customer. If PTP develops an invention or confidential information the invention or confidential information will be the property of PTP, but the customer will be entitled to a royalty-free license to use the invention or confidential information for services provided by PTP.