Service Terms and Conditions
(Please Read Carefully)
These Terms and Conditions apply to the metal treating services offered by InfiniTech Metal Finishing, LLC.
These Terms constitute the entire agreement and understanding between InfiniTech and Customer, and all prior agreements and understandings are expressly superseded hereby. No other proposals, statements, your purchase order or other document, course of dealing, or usage of the trade will be part of the Agreement, which InfiniTech expressly rejects. Any amendment of this Agreement must be in writing, signed by an officer of InfiniTech.
Acceptance
It is Your duty to inspect the materials immediately upon their return. You accept the Services and materials provided by the Services on the earlier of:
- Five (5) days after delivery, or
- The date you first use the materials.
In any event, claims must be reported to Us prior to the time that any further processing, assembling, or any other work is undertaken.
Limited Warranty and Disclaimers
We warrant that for a period of ninety (90) days after delivery (the “Warranty Period”) there will be no material defects in the workmanship or materials provided as part of the Services. Our sole liability and your exclusive remedy for breach of the foregoing warranty is for InfiniTech, at its sole option, to either:
- Reperform the Services for the affected materials and deliver the same to You, or
- Pay your actual, direct damages caused by the breach, provided that You notify Us in writing within the Warranty Period of the breach and deliver the affected materials to Us at your expense.
THE FOREGOING WARRANTY IS IN LIEU OF ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND INFINITECH SPECIFICALLY DISCLAIMS ANY OTHER REPRESENTATIONS OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, TITLE, OR NON-INFRINGEMENT.
Limitations of Remedies and Damages
THE FOREGOING LIMITED WARRANTY IS OUR TOTAL LIABILITY AND THE TOTAL LIABILITY OF OUR AFFILIATES AND REPRESENTATIVES AND YOUR EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, GROSS NEGLIGENCE, WARRANTY, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT, OR ANY OTHER DEALINGS BETWEEN THE PARTIES.
We and our affiliates and representatives will have no liability for:
- Any special, indirect, punitive, incidental, or consequential damages, including, without limitation, lost profit or revenue, even if advised of the possibility of the same, and
- Any claims related to the Services that arise after the Warranty Period ends.
UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES AND REPRESENTATIVES EXCEED THREE (3) TIMES THE PLATING COSTS FOR THE AFFECTED MATERIALS UNDER THIS AGREEMENT.
Limitation of Actions
No action shall be maintained by You against Us or Our affiliates or representatives unless the claim is brought within one (1) year after the cause of action shall accrue.
You acknowledge that the prices We have agreed to charge You for the Services have been agreed upon by Us in reliance on Your agreements limiting Our liability set forth above, and that without such agreements We would be unwilling to provide the Services for the prices and other terms set forth herein.
The laws of some states do not permit certain limitations or exclusions of implied warranties. In the event such a law applies, this Agreement, including the foregoing disclaimers and limitations, is amended insofar, and only insofar, as required by said law.
This Agreement is governed by the laws of Kansas, without regard to the rules governing conflicts of law.
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