Disclaimer

Polycast designs and manufactures products of the highest quality and offers them for sale to customers for use in a wide range of applications, environmental conditions and localities. Because Polycast has no way of controlling this use, customers are responsible to ensure that any product purchased from Polycast meets their requirements. Polycast conducts design tests on each of its products (as well as routine tests on some products) and provides such test data to its customers on request. Further, Polycast will engage with its customers in conducting special tests on any product to assist in customers evaluations. However, Polycast will not be responsible for the use, misuse or failure of any Polycast product, nor for the life, performance or maintenance of any Polycast product, nor for any consequential damages, costs, expenses or third-party back-charges arising therefrom, unless expressly agreed to by Polycast in writing at the time of the original purchase, or as covered by Polycast's Limited Warranty - Replacement Only.

Limited Warranty - Replacement Only:

Polycast Industrial Products Ltd. (The Company) warrants all products sold by it to be free from defects in material or workmanship. The Company's liability on this warranty shall be limited to replacement, F.O.B. the original destination of any defective product which is returned to The Company (prior approval having been obtained) within one year of the date of shipment. The Company's warranty does not apply to the life, performance or maintenance of  The Company's products or any consequential damage, loss of profits or other losses, charges or expenses which might be claimed as a result of the use, misuse or failure of its products. All statements, technical information and recommendations made by The Company in reference to its products are based on tests which are to the best of The Company's knowledge accurate and complete. All products manufactured by The Company are quality inspected prior to shipment. Should any prove defective when received by Customer or fail to meet any written specifications accepted by The Company, Customer shall notify The Company within ten days of receiving said goods and The Company shall replace the defective goods or otherwise adjust the matter fairly and promptly. If any materials shall be manufactured by The Company to meet Customer's particular specifications or requirements (said goods not being part of The Company's standard line) the Customer agrees to defend, protect and save harmless The Company against all suits at law or in equity and from all damage, claims and demands for actual or alleged infringements of any Canadian, U.S.A or foreign patent.

The above warranty appears on all Polycast invoices.

Fitting-Up:

It is usually necessary for Polycast Industrial Products Ltd. to design and manufacture various dies, tools and fixtures in order to produce epoxy castings. Polycast maintains its own tool and die shop for this purpose and provides its customers with the necessary tools, dies and fixtures on a shared cost basis. Also, Polycast has developed certain die fitting techniques which are unique and confidential. Subsequently, Polycast has adopted the following policy with regard to fitting up.

Fitting up charges to the buyer cover part cost of the dies, tools and fixtures required for a particular work. Such dies, tools and fixtures remain the sole property of Polycast and are retained in Polycast's possession for use exclusively in filling orders of the buyer.

No additional charges will be made for upkeep or replacement, but if at any time a period of two years has elapsed since the receipt of an order from the buyer requiring the use of such dies, tools or fixtures, Polycast may thereafter make any use or disposition of such dies, tools and fixtures as Polycast wishes without accounting to the buyer for such use or disposition or the proceeds thereof.