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I. General Delivery Conditions
1.1 Contract terms
All heat treatment orders shall be made in accordance with these Conditions unless otherwise agreed in writing.
1.2 Place of performance, jurisdiction and applicable law
The place of performance is at the production plant of the Metaling d.o.o. company, at the address Ulica Jožeta Jame 14G, 1000 Ljubljana. The General Terms and Conditions shall comply with the applicable law of the Republic of Slovenia. In the event of any disputes between the parties that cannot be resolved amicably, the territorial or substantive jurisdiction is held by the court in Ljubljana.
1.3 Prices
Prices of heat treatment services are provided in EUR, excluding VAT. Prices are set according to the current price list. Prices are based on the complexity and duration of the processes required to carry out each heat treatment procedure and the quantity or weight of material received. On the basis of the inquiry, the Contractor shall prepare a written quotation for the heat treatment service.
1.4 Payment
Invoices are payable by the due date stated on the invoice. In case of failure to observe the payment due date, the Contractor reserves the right to charge statutory default interest.
II. Performance and Delivery Conditions
2.1 Information to be provided by the service provider
All workpieces submitted for heat treatment must be include a purchase order or delivery note which must contain the following details:
• type or quality of material with information on the manufacturer of the material or standard description
• label or description of the workpieces
• quantity or number of pieces, net weight and method of packaging
• desired type of heat treatment
Additional requirements depending on the type of heat treatment:
• for cementation all carbonitriding, case hardening depth and surface hardness is required (e.g. carburization depth is 0.8 to 1mm, 60±2 HRC), or the specified depth of the layer with a comparative value and surface hardness (e.g. CHD 550HV1 = 0.6+0.2mm, surface hardness SH=700HV10)
• for the quenching and tempering process, the tensile strength value is required.
• for tool and high-speed steels, the desired Rockwell or Vickers hardness (e.g. 60±2 HRC)
• for gas nitriding steels, the desired depth of the nitride layer (Nht 300 = 0.25mm or 0.25 Nht 300)
• for plasma nitriding and nitrocarburizing, the desired depth of the nitride layer (Nht 300 = 0.25mm or 0.25 Nht 300)
• for induction and flame hardening, the desired depth of the hardened layer with comparative values and surface hardness
• information or indications on the desired test procedures, test sites and loading (see DIN or ISO Test Standards).
• any other data or regulations necessary for successful processing (see DIN 6773, 17014, 17023)
Plasma nitration:
In addition to the desired depth of nitriding, the request for the desired plasma nitriding heat treatment must also contain detailed information on the condition of the surfaces and threads that need to be protected with the paste prior to nitriding. The Client must instruct the Contractor to correctly position the mating surface of a workpiece that will be left untreated due to physical contact with the batch tray. If no or insufficient information is provided by the Client, the Contractor shall not be liable in this respect.
The surface of workpieces must be free of fibres and oils, as otherwise the Contractor’s heat treatment furnaces may be damaged and, in extreme cases, the chamber may be contaminated. The inside of all enclosed hollow objects to be heat treated must be completely dry, grease-free and clean. In such a case, the Contractor shall be entitled to charge the Client for the cost of cleaning the furnace.
The Client shall deliver the workpieces in a stress-relieved condition to avoid or reduce major dimensional deformation following heat treatment.
The Client must thoroughly inspect the workpieces and check that they are suitable before handing them over for heat treatment, otherwise they might cause damage to the Contractor’s furnaces. The Contractor is not obliged to verify that the workpieces are suitable, this is the sole responsibility of the Client.
Carburizing and carbonitriding:
In addition to the desired depth of the diffusion layer, e.g. CHD 550 HV1 = 0.6mm and SH = 700 HV10, the request for the desired carburizing heat treatment must also contain detailed information on the condition of the surfaces and threads that need to be protected with the paste. If no or insufficient information is provided by the Client, the Contractor shall not be liable in this respect.
The Client shall deliver the workpieces in a stress-relieved condition to avoid or reduce major dimensional deformation following heat treatment.
Vacuum brazing:
The information included in the specification and/or the brazing drawing must clearly state the brazing location and technique.
During assembly, the individual parts supplied must be cleaned and free of corrosive products. It is the responsibility of the Client to ensure that suitable and clean containers are available for transport. The homogeneity of the joint shall be tested by the Client. The Contractor shall not be responsible for the density of the brazing material and joints. All other agreements must be concluded in written form. In the case of partial hardening, the Client must enclose drawings clearly showing areas to be hardened. If individual workpieces are made of different alloys, this must be indicated. The delivery note must also specify any special requirements regarding the accuracy or condition of the surface. The Client must draw particular attention to welded, brazed or soldered or otherwise joined workpieces as well as to those with hollow parts. If the information requested is missing, unclear or incomprehensible, the Contractor shall carry out the processing and testing at their own discretion, without any obligation to consult the Client. Any deficiencies or damage caused in this manner shall be borne by the Client, who shall also bear the compliance costs.
2.2 Delivery time
On acceptance of the workpieces for heat treatment, the Client and the Contractor shall agree on an indicative delivery time, which depends on
the Contractor’s indicative available capacity.
If a delivery time is expressly agreed, it shall be binding on the Contractor.
In cases of force majeure, such as malfunction of furnaces, other disruptions in the Contractor’s work process, transport issues, power supply issues, accidents, strikes etc., the deadlines agreed upon may be extended. In the case of adequate evidence of force majeure, the Contractor shall not bear any consequences
2.3 Checks
Workpieces that have undergone heat treatment shall be tested before dispatch to ensure that the Client’s requirements have been met. The testing method includes random testing or sampling. A more extensive test shall only be carried out by specific agreement between the Client and the Contractor.
Regardless of the fact that the Contractor has already tested the adequacy of the heat treatment prior to dispatch, this does not relieve the Client of the obligation to re-test the workpieces upon their receipt. The Client is obliged to inform the Contractor of the non-conformity immediately or, at the latest, within eight days of receipt, in writing, otherwise they shall forfeit the right to which they are entitled under this title.
2.4 Acceptance and transfer of risk
The Client must supply all the workpieces to be heat-treated and arrange their takeover at their own expense and risk.
At the express request and expense of the Client, the workpieces may be sent by post or by an appropriate delivery service. In such a case, the Contractor is entitled to charge the packaging costs.
The risk and responsibility for the workpieces is transferred from the Contractor to the carrier when they are handed over for transport.
2.5.Liability and warranty
The products to be heat-treated must be treated with the technical equipment and machinery appropriate for this purpose.
The Contractor shall carry out the work in accordance with the rules of the trade with all the required due skill, care and diligence of a good expert with appropriate knowledge and experience.
The Contractor does not guarantee that the heat treatment will be successful and in accordance with the Client’s requirements. The Contractor shall not be liable for any dimensional changes and deformations or cracks in the workpiece following heat treatment, as there is always the possibility of a defect in the workpiece itself or in the material from which it is made, which the Contractor could not have known about.
If the heat treatment process has to be repeated through no fault of the Contractor, this will be charged separately. Even if the required properties of the workpieces cannot be achieved by repeated heat treatment, the service must still be paid.
The Client must enforce the claim immediately, or within eight days of receipt, or they shall forfeit the right to which they are entitled under this title.
When lodging a complaint, the Client must give the Contractor an opportunity to test and subsequently carry out heat treatment.
The Contractor shall be liable for damages up to the total amount of the service. In such a case, the Client may choose whether the Contractor should issue a credit note for the corresponding amount or heat treat the corresponding replacement workpieces free of charge.
The obligations of the Client in the event of a complaint and the limitation of liability shall also apply to any subsequent treatment.
In the event of gross negligence in the performance of a service for the Client, which has been proven by the Contractor in a court of law, the Contractor shall be liable for damages up to a maximum of 5 times the total of the disputed service price.
In the case that the claimed workpieces have been processed or treated without the written consent of the Contractor, the liability of the heat treatment provider
shall cease. The Client shall not be entitled to compensation for any rejects (ullage) resulting from the heat and/or chemothermal treatment of mass production products and small parts. The recovered parts shall be returned by the Contractor to the Client without delay.
If the handling is carried out at the Client’s request, the Contractor shall not be liable for any breakage. When using an anti-carbonation or nitriding protective coating, the Contractor gives no guarantee of success.
III. Validity of the General Terms and Conditions
The General Terms and Conditions for Heat Treatment Services shall enter into force upon publication on the company’s website.
If one or more of the Terms and Conditions becomes invalid, in whole or in part, this shall not affect the validity of the remaining Terms and Conditions.
Metaling d.o.o., Ljubljana
