ALL WORK IS SUBJECT TO THE FOLLOWING TERMS
(a) Cambridge Heat Treating Inc. warrants that the heat treatment and other incidental work to be performed by Cambridge Heat Treating Inc. will be conducted in good and workmanlike manner in accordance with specifications supplied by the customer.
II LIMITATIONS ON THE COMPANY’S LIABILITY
(a) Cambridge Heat Treating Inc.’s liability, whether arising from breach of the warranty as herein provided, contract or tort, shall not exceed twice the amount of Cambridge
Heat Treating Inc.’s charges for the work done on any material.
(b) In no event will Cambridge Heat Treating Inc. be liable for any personal injury, property damage or any special, indirect or consequential damages or economic loss, including but not limited to loss of products, loss of production, re-call or any other losses, expenses or liabilities allegedly resulting as a result of the work performed by
Cambridge Heat Treating Inc. or resulting from any act or omission of Cambridge Heat Treating Inc., its servants or agents. Without limiting the generality of this paragraph:
i) Cambridge Heat Treating Inc. shall in no event be liable for shrinkage, expansion, deformity or rupture of material in treating or straightening nor for rupture caused by or occurring during subsequent grinding,
ii) Cambridge Heat Treating Inc. shall in no event be liable if the Customer provides detailed instructions as to the treatment of material and those instructions are followed
by Cambridge Heat Treating Inc. and
iii) Cambridge Heat Treating Inc. shall in no event be liable for loss, damage or delay caused by any Act of God, the Queen’s or public enemies, riots, strikes, the authority
of law, or by quarantine or from causes beyond the reasonable control of Cambridge Heat Treating Inc.
III CUSTOMER’S OBLIGATIONS
(a) Cambridge Heat Treating Inc., by contracting for metal treating and/or other work to be performed by Cambridge Heat Treating Inc. agrees to accept the limitation on
Cambridge Heat Treating Inc.’s liability as expressed in this Statement to the exclusion of any and all provisions as to liability on Cambridge Heat Treating Inc.’s own
invoices, purchase orders or other documents or any oral or written representations or agreements which have not been duly signed by an officer of Cambridge Heat
Treating Inc. If the Customer desires his own provisions as to Cambridge Heat Treating Inc.’s liability to prevail such must be agreed to in writing by an officer of Cambridge
Heat Treating Inc. In such an event, a higher charge will be made for Cambridge Heat Treating Inc.’s services.
(b) Failure by the Customer to indicate plainly and correctly the kind of material (i.e. the proper alloy designation) to be treated shall cause an extra charge to be made to
compensate for any additional expense incurred by Cambridge Heat Treating Inc. as a result thereof.
(c) The Customer agrees to inspect the treated material immediately upon its receipt. All claims against Cambridge Heat Treating Inc. for a breach of the limited warranty as
herein provided must be submitted to Cambridge Heat Treating Inc. prior to any further processing, assembling or any other work that is undertaken with the treated
material. No claims for shortage in weight or count shall be made by the Customer unless presented to Cambridge Heat Treating Inc. within FIVE (5) working days after
receipt of materials by Customer.
(d) The Customer covenants and agrees to indemnity and save Cambridge Heat Treating Inc., its servants and agents harmless from any liability in connection with the
services provided by Cambridge Heat Treating Inc. in excess of that which Cambridge Heat Treating Inc. has agreed to assume herein. The Customer further agrees to
indemnity and save harmless Cambridge Heat Treating Inc., its servants and agents from any further damages, indemnity of contribution.
(e) THE CUSTOMER UNDERSTANDS AND AGREES
i) THAT THE STATEMENT OF LIMITED LIABILITY AS HEREIN PROVIDED IS SPECIFICALLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTY OR
CONDITION WHETHER ARISING BY OPERATION OF STATUTE, COMMON LAW OR IN EQUITY.
ii) NO ALTERATION OF AMENDMENT TO THE ABOVE CONDITIONS SHALL BE BINDING ON CAMBRIDGE HEAT TREATING INC. EXCEPT IF MADE IN WRITING
DULY EXECUTED BY AN OFFICER OR CAMBRIDGE HEAT TREATING INC. and
iii) CAMBRIDGE HEAT TREATING INC.’S LIABILITY HEREUNDER SHALL CEASE AND BE AT AN END AT SUCH TIME AS ANY OTHER PERSON UNDERTAKES
FURTHER PROCESSING, ASSEMBLY, OR ANY OTHER WORK ON THE MATERIAL.
TERMS AND CONDITIONS
1. Quotations are for immediate acceptance only unless otherwise specified herein, and are subject to change without notice.
2. Orders based on quotations are subject to acceptance by Cambridge Heat Treating Inc. when received, and price quoted for specified quantity and immediate acceptance.
This quotation is based on last quoted price of required material and prevailing wage rates. Any increase in price of material or wage rates may be covered by corresponding
increase in price shown above.
3. Delivery dates are estimated and are based upon prompt receipt by Cambridge Heat Treating Inc. of an order, and all information necessary to permit Cambridge Heat Treating
Inc. to proceed with work immediately and without interruption, and satisfactory assurance of compliance with the terms of payment agreed upon.
4. Unless otherwise specified, prices quoted are exclusive of any transportation costs, or taxes. We do no accept charging by commercial or other carriers unless specifically
authorized by our office and confirmed accordingly.
5. All merchandise delivered to Cambridge Heat Treating Inc. by Customer shall remain the property of Customer at all times and Customer assumes all risks of loss or destruction
including normal spoilage.
6. All invoices are payable in Canadian Funds unless otherwise stated.
7. Payment terms: Net 30 days.