SilcoTek® Terms and Conditions of Services

SilcoTek® Corporation provides proprietary coating services. We generally do not sell goods and any such sales are incidental to our services. Our coatings can visually amplify surface blemishes, embedded contaminants, or even substrate inconsistencies, which can affect the coating appearance. As a service to You, parts shipped to us are inspected and photographed to identify any damage or blemishes present upon receipt. You will be contacted if a problem is discovered. It is important to us and You that pre-cleaning processes are compatible with our coating and surface preparation processes, or extensive rework and delays in processing may occur. Review our Shipping Instructions and Tips as well as our Learning Center to ensure a smoother process.

Parts receive a surface preparation, are coated, and are shipped back to You or to a designated third party destination after undergoing final inspection. The term “You” includes direct customers of SilcoTek® Corporation, indirect customers using another entity as an intermediary in working with SilcoTek® Corporation, any other entity interacting with SilcoTek® Corporation (directly or indirectly) to coat parts, or a combination of such entities (in situations where multiple legal entities are involved), independent of whether the entity is charged for the coating services.

We inspect parts to better serve You, but You are responsible for knowing the condition of parts shipped to us. Many uses of our coatings are in proprietary applications that are unfamiliar to us. You are responsible for the determination of the suitability of our coatings. By sending us parts, You represent that You reviewed our website, especially information relating to material compatibility.  

Quotes:

All quotes and prices are in U.S. dollars and do not include shipping, taxes, or other charges such as customs, storage, and broker fees. All quotes are valid for 60 days, the terms of which are limited to acceptance of these Terms and Conditions. No deviation is acceptable, unless signed by an individual that expressly indicates in writing that they are authorized to contractually bind SilcoTek® Corporation. SilcoTek® Corporation does not agree to any contracts without such a signature and expressly rejects any additional or different terms.

Shipping:

You are responsible for shipping products to us and the return shipment back to You or to a third party, such as, any costs related to shipping, insurance, customs, and related fees. We will take possession of parts sent by You without any title or ownership rights; provided that, we have the right to retain such parts in the event of an outstanding balance due by You.

Delivery and shipment should be made to:

SilcoTek Corporation

225 PennTech Dr.

Bellefonte, Pennsylvania, 16823, USA.

Turnaround Time:

We are committed to a quick turnaround time. To achieve a quick turnaround, any failure to object to these terms within a 24 hour period shall be considered acceptance of these terms. We will inform You of delays. Delivery dates are only estimates and are based upon, among other things, the timely receipt of full and final technical information from You. SilcoTek® Corporation is not liable for and will not be liable for any loss, liability, damages (whether direct, indirect, or consequential) or other obligations because of any delay or failure to deliver all or any part of any order for any reason, including SilcoTek® Corporation’s active or passive negligence or any cause beyond SilcoTek® Corporation’s control.

Limitation of Damages:

SilcoTek® Corporation’s liability is limited to refunding or crediting customers with the cost of coating services as more fully set forth in the warranty contained herein. SilcoTek® Corporation is not responsible for damage to parts, or to damages caused in end-use applications, or other consequential damages as a result of the failure or non-performance of our proprietary coatings.

SilcoTek® Corporation is not responsible for damage during shipping and You are advised to obtain insurance to cover loss or damage.

Payment:

Terms of net 30 days may be available if You have an established payment history with us. Initially, You may be required to pre-pay or pay via credit card, until a completed credit application is processed and payment history is established showing credit worthiness (at SilcoTek® Corporation’s discretion).

Disassembly of Products:

All products must be sent disassembled and will be returned after coating disassembled. You are responsible for disassembly and reassembly of parts.

Cleaning Parts:

Parts shipped to us should be clean upon receipt and not covered with dirt, oil, paint or other matter. If we receive parts that require additional cleaning, we will contact You to discuss the problem. This may delay processing your parts and You may incur additional charges.

Intellectual Property:

SilcoTek® Corporation is committed to maintaining intellectual property rights for You and for us. We do not divulge any information regarding proprietary parts that we receive; however, our premises are subject to government access, government searches, audits, and tours (at our discretion). Coatings and coating processes are proprietary to SilcoTek® Corporation and You are prohibited from disclosing information that is not within the public domain. By agreeing to these Terms and Conditions, You acknowledge actual awareness of our patents, which are identified at www.SilcoTek.com/IP, and waive any past, current, or future patent marking requirements.

Absent written or email authorization, our coatings may not be reverse-engineered or analyzed, independent of whether purchased or provided as a sample. Failure to comply with such provisions resulting in loss of rights by SilcoTek® Corporation shall incur liquidated damages equivalent to twice all expenditures associated with SilcoTek® Corporation’s intellectual property protection, along with a reasonable royalty.

The fact that we coat common products such as valves, fittings, and tubing is well known and in the public domain. Although You may file patent applications relating to your parts, You agree to notify SilcoTek® Corporation in writing prior to filing any patent application that includes any claims directed to thermal chemical vapor deposition. Failure to comply with this provision results in a paid-in-full, world-wide, royalty-free, non-exclusive license to patents claiming priority to the patent applications, excluding rights to use coated parts covered by patents claiming priority to the patent application.

Proper Law:

All quotations and orders are subject to the Laws of the Commonwealth of Pennsylvania and the United States of America. If any provisions of these Terms and Conditions are found to be invalid or unenforceable, that term or provision shall be stricken and the remaining provisions shall remain in force. SilcoTek® Corporation expressly rejects the United Nations Convention on Contracts for the International Sale of Goods (UN CISG).

Imports or shipments of parts and products contrary to U.S. law and the applicable export laws and regulations is prohibited.

Assignment:

You shall not assign any rights or duties under these terms and contracts and the contract of sale without the written consent of SilcoTek® Corporation.

Special Contracts:

If You have special needs that fall outside these Terms and Conditions, we recommend a specific contract. SilcoTek® Corporation does not accept or waive any terms outside of these Terms and Conditions, unless in a writing signed by an authorized representative of SilcoTek. Such individuals are limited to directors, officers, and legal representatives.

Warranty:

If we agree with You that there is a defect in the coating and You identify it within a period of ninety (90) days from date of delivery, we will recoat the parts. If recoating is impossible, we may credit You toward future coating services. In no event will SilcoTek® Corporation be liable to You or any third party for damages greater than the price of the coating.

SilcoTek® Corporation is not legally obligated to compensate you for any part that was damaged or destroyed during the coating process or at any other time. If we choose to compensate you, it is purely for relationship maintenance purposes and is not to be considered a waiver of any sort. In such circumstances, you will be required to send the part to us for our own use.

SILCOTEK® CORPORATION EXPRESSLY DISCLAIMS ANY OTHER EXPRESSED OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  SILCOTEK® CORPORATION IS NOT AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.  NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY SILCOTEK® CORPORATION SHALL CREATE ANY WARRANTY AND NO SUCH REPRESENTATIONS ARE ACTIONABLE.

 

SilcoTek® Corporation will not be liable for any loss of use, interruption of business, or any indirect, special incidental, or consequential damages of any kind (including lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if we have been advised of the possibility of such damages.

SilcoTek® Corporation does not and will not agree to indemnify You or anyone else; however, if You cause contamination of parts, ovens, or our facilities, You agree that You may be required to reimburse us or others impacted by such contamination. Likewise, if You send us a part that causes us to infringe a patent, causes us to violate a government restriction, or otherwise results in civil liability, criminal culpability, or regulatory compliance costs, You agree to cover all associated fees (including reasonable internal and external attorneys’ fees) and costs, while allowing us to retain full authority to manage and address any such issues.

Have questions about our Terms and Conditions?  E-mail the Customer Service Team at Silcod@silcotek.com or call us at (814) 353-1778.