CUSTOMER TERMS & CONDITIONS:
MTI STATEMENT OF LIMITED LIABILITY
(Please Read Carefully)
ALL WORK IS PERFORMED SUBJECT TO THE FOLLOWING TERMS:
THE BUYER OF METAL TREATING SERVICES FROM THE SELLER, UNDERSTANDS THAT EVEN AFTER EMPLOYING ALL THE SCIENTIFIC METHODS KNOWN TO THE SELLER, HAZARDS STILL REMAIN IN METAL TREATING. THE BUYER THEREFORE AGREES THAT SELLER’S LIABILITY SHALL NOT EXCEED TWICE THE AMOUNT OF THE CHARGES FOR THE WORK DONE ON ANY MATERIAL. THE BUYER AGREES AND UNDERSTANDS THAT THIS LIMITATION OF LIABILITY IS NOT AN EXCULPATORY CLAUSE. THE REIMBURSEMENT AND FULL LIABILITY OF THE SELLER SHALL NOT EXCEED TWICE THE AMOUNT OF THE CHARGES FOR THE WORK DONE BY THE SELLER ON ANY MATERIAL. THIS IS INTENDED TO REIMBURSE THE BUYER FOR THE CHARGES AND TO FULLY COMPENSATE THE BUYER IN THE AMOUNT OF THE CHARGES. THIS TERM APPLIES TO ALL WORK DONE BY THE SELLER EXCEPT WHERE OTHERWISE AGREED TO IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE SELLER.
THE BUYER, BY CONTRACTING FOR METAL TREATMENT, AGREES TO ACCEPT THE LIMITS OF LIABILITY AS EXPRESSED IN THIS STATEMENT TO THE EXCLUSION OF ANY AND ALL OTHER PROVISIONS AS TO LIABILITY THAT MAY BE SET FORTH IN THE BUYER’S OWN INVOICES, PURCHASE ORDERS OR OTHER DOCUMENTS. IF THE BUYER PROPOSES A
DIFFERENT OR ADDITIONAL LIABILITY PROVISION, THE SAME MUST BE AGREED TO IN WRITING AND SIGNED BY AN OFFICER OF THE SELLER BEFORE WORK IS STARTED OR SERVICES ARE PROVIDED. IN SUCH EVENT, THE BUYER UNDERSTANDS THAT A DIFFERENT CHARGE FOR SERVICES MUST BE AGREED ON, REFLECTING THE HIGHER RISK TO THE SELLER AND THAT NO WORK WILL BE STARTED UNTIL BOTH THE SELLER AND THE BUYER HAVE SIGNED AN AGREEMENT SETTING FORTH THE NEW CHARGES AND TERMS OF LIABILITY. OTHERWISE, THE TERMS SET FORTH HEREIN ARE BINDING ON THE BUYER.
IT IS AGREED BY THE BUYER AND THE SELLER THAT THE INABILITY TO DISCOVER A DEFECT WITHIN A REASONABLE PERIOD OF TIME AFTER THE RECEIPT OF A SHIPMENT OF HEAT TREATED MATERIAL, NOT TO EXCEED FIVE (5) BUSINESS DAYS, WILL NOT VOID THE LIMITATION OF LIABILITY CONTAINED IN THIS AGREEMENT. IT IS THE BUYER’S OBLIGATION TO NOTIFY THE SELLER IF IT DOES NOT AGREE TO THE LIMITATION OF LIABILITY CONTAINED HEREIN AND A FAILURE ON THE PART OF THE BUYER TO DO SO IN WRITING BEFORE WORK STARTS WILL BE DEEMED ACCEPTANCE OF THIS LIMITATION OF LIABILITY.
THE SELLER MAKES NO EXPRESS OR IMPLIED WARRANTIES AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, AS TO THE PERFORMANCE OR CAPABILITIES OF THE MATERIAL AS HEAT TREATED, OR THE HEAT TREATMENT. 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 ANY OTHER SUCH OBLIGATION ON THE PART OF THE SELLER.
THE SELLER’S LIABILITY TO THE BUYER SHALL CEASE ONCE ANY FURTHER PROCESSING, ASSEMBLING OR ANY OTHER WORK HAS BEEN UNDERTAKEN BY THE BUYER OR ANY THIRD PARTY.
No claims for shortage in weight or count will be entertained unless presented in writing within five (5) business days after receipt of materials by the Buyer. No claims will be allowed for shrinkage, expansion, deformity, or rupture of material in treating or straightening, except by prior written agreement, as above, nor in any case for rupture caused by or occurring during subsequent grinding. Whenever the Seller is given material with detailed instructions as to treatment, the Seller’s responsibility shall end with the execution and completion of those instructions. Failure by the Buyer to indicate plainly and correctly the kind of material (i.e., proper alloy designation) to be treated, shall cause an extra charge to be made to cover any additional expense incurred as a result thereof, but shall not change the LIMITATION OF LIABILITY stated above. When the Buyer provides specifications for the heat treating service to be provided, makes changes in the kind of materials (i.e. proper alloy designation) to be treated, or changes the process to be used, the Buyer specifically understands and agrees that this LIMITATION OF LIABILITY shall remain in effect, but that additional charges for services will be due and owing to cover the additional expense incurred as a result of changes made by the Buyer.
The Buyer agrees there will be no liability on the Seller in contract or tort (including negligence and strict liability) 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 the Seller.
No agent or representative is authorized to alter the conditions, except in writing duly signed by an officer of the Seller.
The Seller’s services and work are expressly limited to the terms and conditions contained on the face and back of the Seller’s quotation, purchase order, sale acknowledgement or other forms. Any different or additional terms contained in any of the Buyer’s forms are hereby deemed to be a material alteration and notice of objection to them is hereby given.
Copyright 2011 © Metal Treating Institute. All Rights Reserved.
VENDOR TERMS & CONDITIONS:
SUPPLIER FLOW DOWN REQUIREMENTS FOR QUALITY COMPLIANCE
(Please Read Carefully)
As a supplier to Peters’ Heat Treating, Inc. you agree to comply with the additional terms and conditions listed below with respect to any product or services provided to Peters’ Heat Treating, Inc.
- Calibration System: All Inspection Measuring & Test Equipment used by the Supplier during in-process and final inspection to make a compliance evaluation shall be calibrated to the national standard.
- Special Processes: Supplier shall provide certifications for all special processes and nondestructive test results performed with each shipment. The certificate shall identify the processor, process used, controlling specification and revision, and the results of test or measurement performed. Supplier used shall be a Peters’ Heat Treating and/or customer approved source for said processes. These include operations subject to process controls such as: Surface coating, heat treating, cleaning, non-destructive testing, etc. The supplier shall be approved as per above to perform specific required Special Processes or use Special Process sources approved by Peters’ Heat Treating or Peters’ Heat Treating customer.
- Control of Drawings and Specifications: The supplier shall ensure that the drawings and specification are the relevant revision status specified on the Purchase Order. The supplier shall comply with any special requirements requested by Peters’ Heat Treating regarding the control of drawings and specifications, i.e. ITAR compliance.
- Quality System: Supplier shall implement a quality management system that will ensure all goods and services conform to contract requirements whether manufactured or processed by supplier or procured from sub-tier suppliers. If Supplier Quality system is accredited, please provide a copy of the most recent certification upon every renewal or recertification.
- Changes in Process, Product or Location: Suppliers shall notify Peters’ Heat Treating of changes to processes, products, or services, including changes of their external providers or location of manufacture, and obtain Peters’ approval.
- Certification of Conformance: Supplier shall submit a Certificate of Compliance stating that the product(s) furnished for the contract conform to the quality assurance requirements, drawings, materials, processes, test specifications and other applicable specifications. The Certificate of Compliance shall accompany each shipment.
- Counterfeit Parts: Suppliers are required to prevent the use of counterfeit parts or material.
- Right of Access: Suppliers are required to provide right of access by Peters’ Heat Treating, Peters’ Heat Treating Customers, and regulatory authorities to the applicable areas of facilities and to applicable documented information, at any level of the supply chain.
- Foreign Object Debris/Damage: Supplier is required to establish and maintain a Foreign Object Debris/ Damage (FOD) prevention program that employs appropriate housekeeping practices to assure timely detection and removal of residue/debris generated, during operations and normal daily tasks.
- Record Retention: Suppliers shall retain documented information, for traceability for all products, materials, processes, and services and their integral processes required to achieve end deliverable product, for a minimum of ten years, unless otherwise specified by Peters’ Heat Treating.
- Supplier Corrective Action: Supplier shall, on request, provide statements of corrective action on nonconformities or failures of supplier’s goods or services.
- Nonconforming Products and Materials: Suppliers are required to notify Peters’ Heat Treating of nonconforming processes, product, or services when it is discovered at suppliers’ location, and in cases when release to Peters’ Heat Treating has occurred, if applicable. Peters’ Heat Treating must review and disposition such nonconforming product and or Service.
- Supplier Employee Awareness: Suppliers are responsible for ensuring personnel are aware of their individual contribution to product or service conformity, product safety, and the importance of ethical behavior.
- Flow Down to Sub-tier Suppliers: Suppliers are responsible to flow down to the supply chain the applicable requirements, including customer requirements.
- Confidentiality: Suppliers shall hold all information received from Peters’ Heat Treating in confidence and no third-party request for information will be authorized unless approved, in writing, by Peters’ Heat Treating.