Terms & Conditions – Customer

The following Terms and Conditions shall apply to any and all services performed by BryCoat, Inc. (BryCoat).

Unless otherwise specified, Customer payment shall be net 30 days and shall be effect ive from the date of the invoice. BryCoat may require cash payment or additional security from Customer in advance of shipment of parts, if BryCoat determines the financial condition of the Customer so warrants. Prices are F.0.B. BryCoat, Oldsmar, Florida and firm for ninety (90) days from quotation date.

Shipping charges to and from BryCoat are the responsibility of the Customer. BryCoat will not be liable for any in-transit damage caused by improper packaging. The method of return packaging shall be at the sole discretion of BryCoat.

It is recognized that even after employing all the scientific methods known to us, hazards still remain in the coating process. Therefore, our liability shall not exceed the amount of our charges for the work done on any material, except by written agreement signed by BryCoat.

Any and all taxes or fees imposed by any federal, state, municipal or other governmental authority with respect to this transaction, and any and all duties, tariffs or otherwise shall be added to the price paid by the Customer. In the event that BryCoat pays such tax, fees or otherwise, Customer shall reimburse BryCoat.

The Customer, by contracting for 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 and signed by an officer of BryCoat. In such event, a different charge for our services, reflecting the higher risk to BryCoat shall be determined by BryCoat and Customer.

BryCoat 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 coated or the coating process. 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 BryCoat.

It shall be the duty of the Customer to inspect the merchandise immediately upon its return, and in any event claims must be reported within 30 days of receipt, and prior to the time that any further processing, assembling or any other work is undertaken.

Our liability to our Customers will extend for a period of 90 days from the date the material is shipped to Customer by BryCoat, and in any event shall cease once any further processing, assembling or any other work has been undertaken on or with said material.

No claims for shortage in weight or count will be entertained unless presented within five (5) working days aflcr receipt of materials by Customer. No claims will be allowed for shrinkage, expansion, change of hardness, deformity or rupture of material, or damage resulting from hidden contamination in the materials, except by prior written agreement as above, nor in any case for rupture caused by or occurring during subsequent processing, or coating applied to areas where coating was not requested.

Claims by the Customer for workmanship or other defects shall be made in writing. BryCoat will evaluate the claim, and, where warranted, issue a Return Material Authorization (RMA) number to the Customer. Customer agrees to return all of the affected parts for inspection, credit and/or rework. No credit will be allowed until defects are validated by BryCoat.

Customer agrees that there will be no liability on BryCoat in contract or tort for any special, indirect or consequential damages arising from any reason whatsoever, including, but not limited to, personal injury, property damage, loss of profits, loss of production, recall or any other losses, expenses or liabilities allegedly occasioned by the work performed on the part of BryCoat.

BryCoat shall not be liable for delay due to failure in application of the coating process or default by reason of any occurrence beyond its control, including without limitation fire, flood, embargo, strike, failure to secure materials or labor from usual sources of supply, governmental restrictions considered “force majeure” or any other circumstances beyond BryCoat’s control.

Receipt of Customer materials for service by BryCoat shall be construed as Customer’s acknowledgement and acceptance of these terms and conditions.

No agent or representative is authorized to alter the above terms and conditions except in writing by a duly signed officer of BryCoat.

Counterfeit Parts: The customer shall establish a process to prevent the use of counterfeit parts and their introduction in to the supply chain. In the event that counterfeit parts are found and there is a possibility that they have been received by BryCoat, the customer shall contact BryCoat so that appropriate containment actions and reporting can be determined and implemented accordingly.