Statement of Limited Liability
Please read carefully. All work is subject to the following conditions (adapted from the Metal Treating Institute Inc.):
Our liability to our customers shall not exceed twice the amount of our charges for the work done on any materials (first to reimburse for the charges and second to compensate in the amount of the charges) except by written agreement signed by IBC Coatings Technologies.
The customer by contracting for metal treatment, agrees to accept the limits of liability as expressed in this statement to the exclusion of any and all provisions as to liability on the customer’s own invoices, purchase orders or other documents. If the customer desires his own provisions as to liability to remain in force and effect, this must be agreed to in writing, signed by an officer of IBC Coatings Technologies.
IBC Coatings Technologies makes no express or implied warranties and specifically disclaims any implied warranty of fitness for a particular purpose or merchantability, as to the performance of capabilities of the material as treated. The aforementioned limitation of liability stated above is specifically in lieu of any express or implied warranty, including any implied warranty of merchantability or fitness and of any other such obligation on the part of.
No claims for shortages in weight or amount will be entertained unless presented within five (5) working days after receipt of materials by customer. No claims will be allowed for shrinkage, expansion, deformity or rupture in treating or straightening except by written agreement, as above, nor in any case for rupture caused by subsequent grinding.
Whenever we are given material with detailed instruction as to treatment, our responsibility shall end with the carrying out of those instructions. Failure by the customer to indicate plainly and correctly the kind of materials, (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.
It shall be the duty of the customer to inspect the merchandise immediately upon return, and in any event, claims must be reported prior to the time that any further processing, assembling or any other work has been done on said material.
IBC Coatings Technologies will accept no responsibility for Nitrided surface hardness, case depth, or dimensional change on material which has not been pretreated to Martensitic Microstructure with a base hardness of 25-34 RC. Nitride absorption and surface hardness are directly correlated to the precondition of the material to be Nitrided.
Customer agrees there will be no liability on IBC Coatings Technologies in contract or tort (including negligence and strict liability action) for any special, indirect or consequential damages arising from any reason whatsoever, including but not limited to personal injury, property damages, loss of profits, loss of production, recall or any other losses, expenses or liabilities allegedly occasioned by the work performed on the part of IBC Coatings Technologies. It shall be the duty of the customer to inspect the merchandise immediately upon its return, and in the event claims must be reported prior to the time that any further processing, assembling or any other work is undertaken. IBC Coating Technologies’ liability to our customers shall cease once any further processing, assembling or any other work has been undertaken on said material.
No agent or representative is authorized to alter these rules and conditions except in writing duly approved by IBC Coatings Technologies.