These terms of use constitute a legally binding agreement between you and Nitrera Technologies (“Nitrera”, the “Company”, “we”, “us”, or “our”).
When you choose to use our metal treating services, we want to make sure you understand the following terms:
- We use scientific methods to reduce risks in metal treating, but some hazards may still remain. As a result, our liability will not exceed twice the charges for the work we perform on any material. This limitation is not meant to avoid responsibility but to fairly compensate you.
- This limitation of liability applies to all the work we do for you, except when we agree otherwise in a written agreement signed by one of our authorized representatives.
- You agree to accept these liability limits and exclude any other provisions as to liability mentioned in your own invoices, purchase orders, or other documents. If you propose different liability terms, we must agree in writing, and it may require adjusting the charges to reflect the higher risk.
- If you find a defect in the heat-treated material within a reasonable period after receiving it (up to five business days), it will not void this limitation of liability. Please let us know in writing if you don't agree with this limitation before we start the work.
- We don't provide any express or implied warranties and specifically disclaim any implied warranty of fitness for a particular purpose or merchantability regarding the performance or capabilities of the material as heat treated, or the heat treatment process.
- Once you or any third party undertake any further processing or work on the material, our liability to you ends.
- In the absence of instructions regarding areas and methods used in which to make hardness tests, we cannot assume responsibility for parts damaged by such tests.
- If you have any claims about shortages, shrinkage, expansion, deformity, or rupture of material during treatment, you must present them in writing within five business days after receiving the materials. Claims for ruptures during subsequent grinding or changes to the material or process will not affect this limitation of liability.
- When the heat treating process is outlined by you and meticulously followed by us, no responsibility can be assumed for the end results. When both process and end results are specified we will comply only with the process requirements.
- Our responsibility ends once we complete the instructions you provide for treatment. If you don't clearly indicate the kind of material to be treated, we may need to charge extra for any additional expenses incurred as a result.
- We will not be liable for any special, indirect, or consequential damages arising from our work, including personal injury, property damages, loss of profits, or recall expenses.
- No one, except an officer of our company, is authorized to change these terms, so please make sure you understand and agree to them before proceeding with our services.
- Any metallurgical advice given by us is based on training and experience, is offered as a suggestion, and is not to be considered as a guarantee of results.
Our services and work are limited to the terms and conditions mentioned on our quotation, sale acknowledgement, or other communications or forms. Any different terms you provide will not apply unless agreed upon in writing.
We hope this clear explanation helps you understand the terms and conditions of our limited liability agreement for metal treating services. If you have any questions or concerns, please don't hesitate to reach out to us.