Limited Liability Statement

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 Procoat Finishing Ltd.

The customer by contracting for metal coating, 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 Procoat Finishing Ltd.

Procoat Finishing Ltd. 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 coated. 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.

Whenever we are given material with detailed instruction as to coating, our responsibility shall end with the carrying out of those instructions. Failure by the customer to indicate plainly and correctly the kind of materials to be coated, 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 as soon as possible 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.

Customer agrees there will be no liability on Procoat Finishing Ltd. 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 Procoat Finishing Ltd. 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. Procoat Finishing Ltd. 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 Procoat Finishing Ltd.