Product Warranties, Liabilities & Limitations
Metro Industries, Inc., (“Metro”) warrants and assumes responsibility for the conformance of all products it sells (“products”) to the conditions and specifications set forth in writing by Purchase Order or other written instrument of Purchase (“Purchase Orders”) and acknowledged in writing by Metro under the following conditions, restrictions, and limitations:
- Product specifications and purchase conditions are limited to those specified and acknowledged in writing, including any drawings, specifications, certifications, or other documents specifically referenced and available to Metro. Customers are responsible for insuring that complete and accurate drawings and specifications, including any pertinent revision designations, are both cited on Purchase Orders and supplied to Metro. For these purposes, reference to published Metro part numbers, style codes, specifications, etc. shall be considered sufficient, provided the reference is specified by the customer and acknowledged in writing by Metro.
- This warranty applies only to products as they are sold and delivered. Metro Industries, Inc., specifically disclaims any responsibility for non-conformance of its products beyond the point of delivery, regardless of the causes or consequences of such non-conformance. This exclusion includes, but is not limited to, any damage caused by storage conditions, handling, or any other circumstances arising after products have been delivered.
- Notification of non-conformance must be received in writing by Metro within 30 days from the delivery date of the products. Metro reserves the right to refuse claims for non-conformance of its products that are received beyond 30 days from the delivery date of said products. Metro also reserves reasonable rights to verify and investigate claims of product non-conformance that include, but are not limited to, reviewing customer inspection reports and/or product samples before honoring such claims. Metro reserves the right to disposition any verified and accepted product non-conformance claims at its own discretion. If requested, customers may be required to return any such products, at Metro’s expense, prior to issuance of any credits.
- Customers are responsible for insuring suitability of product specifications ordered for their applications. We will be more than happy to assist in identifying suitable materials, consult on product design and tolerances, provide samples and prototypes, etc., but under no circumstances should any inference be drawn that we can or would guarantee that any material or configuration will work in any given application. Thus, while we stand behind the conformity of our products to customers’ specifications, Metro will not issue credit or accept returns on products that conform to customer order specifications.
- Metro’s liability is limited to the charges rendered and paid in direct relation to any specific non-conforming products. This may include charges for products, freight, expedite fees, set-up, tooling, or any other charges invoiced by Metro and paid by the customer. Metro Industries, Inc., specifically disclaims any and all responsibility for property damage, business losses, fines, penalties, equipment damage or failure, labor costs, harm, injury, death, disability, and any other losses, financial and otherwise, resulting directly or indirectly from the non-conformance, use, application, installation, or sale of its products. Under no circumstances will Metro’s liability exceed the total charges rendered in relation to the sale and delivery of non-conforming products sold by Metro.
In the event of an order cancellation, customer will be responsible for all costs incurred solely for the purpose of fulfilling order requirements, including, but not limited to tooling, materials, labor, freight, and administrative costs.
Test Reports, Product and Material Certifications
Test reports and product and/or material certifications are usually available on request and, in most cases, at an additional charge.
Though “Shelf Life Statements” and/or “Expiration Dates” may be provided on some products upon request, such are provided for informational purposes only, and are in no way intended to be construed as a warranty on products sold by Metro beyond the limitations stated herein. Unless specifically stated otherwise in writing, “manufacture dates” supplied by Metro in conjunction with shelf life, expiration, or any other documentation or certification of products sold by Metro will reflect the date the product was manufactured or fabricated by Metro.