Fastener Warranty

MF Fastener Industries LLC
Emirates Modern Industrial Area, Umm Al Quwain, United Arab Emirates · P.O. Box 7071

This warranty applies to goods delivered on or after the effective date shown above. MF may amend it at any time; the version in force on the date of delivery applies to those goods.

1. Who this warranty is given to

This warranty is given by MF Fastener Industries LLC (“MF”) to the buyer named on the invoice (“the Buyer”) and to no one else. It is personal to the Buyer and is not transferable or assignable, whether by resale, novation, assignment or operation of law.

It is given subject to and alongside MF’s Terms & Conditions of Sale, which prevail wherever the two differ. It is the only warranty MF gives, and it replaces any warranty, representation or statement made previously, whether written or oral. No employee, agent or representative of MF has authority to vary it except in writing signed by a director.

This warranty takes effect only when MF has received payment in full for the goods concerned. No claim may be made under it while any sum is outstanding on the Buyer’s account.

2. What MF warrants

Goods manufactured at our plant

Anchor bolts and foundation bolts, stud bolts and threaded bar, and plate washers produced at our facility in Umm Al Quwain.

MF warrants that, at the time of delivery, these goods conform to:

• the standard and grade stated on MF’s order acknowledgement;
• the dimensional tolerances of that standard, or the drawing approved by MF in writing; and
• the coating type and coating thickness stated on MF’s order acknowledgement, measured at delivery.

Goods imported and supplied from stock

Hex bolts, nuts, standard washers, screws and fastener accessories sourced from established mills. MF does not manufacture these goods.

For these, MF warrants only that at the time of delivery they match the standard, grade and coating stated on MF’s order acknowledgement, and are accompanied by the mill’s test certificate where one was ordered. Any warranty given by the original manufacturer is passed to the Buyer so far as MF is legally able to pass it, and the Buyer’s remedy for manufacturing defects lies against that manufacturer. MF gives no further warranty of any kind in respect of these goods.

When delivery happens

“Delivery” means the date the goods are made available for collection at MF’s premises, or, where MF has agreed to deliver, the date they arrive at the delivery address. Risk passes at that point.

3. Warranty period

No claim may be made after the period expires, whatever the reason for the delay, and whether or not the defect was discoverable earlier.

4. Inspection on collection

The Buyer must examine the goods on collection or delivery, in the presence of MF’s delivery team where MF delivers, and record any visible defect, shortage or damage at that time in accordance with MF’s Terms & Conditions.

Defects that were visible on collection are not covered by this warranty. This warranty covers latent defects only — defects not reasonably discoverable on examination at delivery.

Quantity shortages and transit damage are dealt with under MF’s Terms & Conditions and are not warranty claims. Quantities supplied within the tolerance stated in those Terms are not a defect.

5. What is not covered

Corrosion or coating deterioration in service

MF warrants coating type and thickness at delivery only. Coating life depends on the environment in which the goods are installed, which MF does not select, control or inspect. MF gives no warranty as to how long any coating will remain serviceable, and no warranty against corrosion of any kind after delivery.

Anything occurring after delivery

• installation otherwise than in accordance with the relevant standard, the design engineer’s specification, or the tightening values applicable to the grade;
• over-tightening, under-tightening, re-tightening, or re-use of a fastener intended for single use;
• damage in transit after collection, or damage, contamination or deterioration on site;
• storage in wet, humid, saline or contaminated conditions, or removal of protective packaging before installation;
• welding, heating, cutting, bending, re-plating, hot-dip galvanizing, re-threading, machining or any other process carried out on the goods after delivery;
• hydrogen embrittlement arising from any treatment not carried out by MF;
• galvanic corrosion arising from contact with a dissimilar metal;
• mixing, substituting or assembling the goods with fasteners or components from another source;
• use in an application for which the grade supplied was not specified, or for which no engineering design was carried out;
• fire, explosion, impact, seismic or structural movement, subsidence, flood, or any event outside MF’s reasonable control.

Also excluded

• Goods sold as surplus, non-prime, off-specification or on a no-warranty basis, where that was stated at the time of sale.
• Goods manufactured to the Buyer’s drawing or specification, so far as any defect arises from that drawing or specification rather than from MF’s workmanship. The Buyer is responsible for the suitability of its own design.
• Any application in which MF was not told, in writing before the order was accepted, of a special service condition — including sour service, cryogenic, offshore, submerged, buried, nuclear, or exposure to chemicals.

6. Making a claim

Notice

Notify MF in writing at sales@mfindllc.com within 10 calendar days of discovering the defect, and in any event before the warranty period expires. Time is of the essence. Failure to give notice within that period is an absolute bar to the claim.

What the notice must contain

A claim will not be considered unless the notice states:

• MF’s invoice number and the date of delivery;
• the lot number and heat number marked on the goods or shown on the certificate supplied;
• the quantity affected;
• a description of the alleged defect, with photographs where it is visible; and
• the application in which the goods were installed.

Goods that cannot be identified by lot and heat number are not covered.

Keep the goods

The Buyer must retain the affected goods in the condition in which the defect was found, must not scrap, return, repair, re-work or dispose of them, and must not install further quantities from the same lot, until MF has responded in writing. Failure to do so ends the claim.

Examination

MF may examine the goods at the Buyer’s premises, require samples to be returned carriage paid, or instruct an independent UAE-accredited laboratory to examine them. Where laboratory testing is required, it is carried out by an independent accredited laboratory. The Buyer must give MF and its representatives reasonable access to the installation.

Where the claim is upheld, MF will bear the reasonable cost of testing. Where it is not, that cost is payable by the Buyer.

MF will determine whether the goods conformed at delivery, acting on the evidence and on the results of any independent testing.

Payment continues

A claim under this warranty does not entitle the Buyer to withhold, suspend or set off payment of any invoice, whether for the goods concerned or any other order.

7. What MF will do if a claim is upheld

If MF determines that goods did not conform, MF will, at its sole option:

• replace the non-conforming goods, delivered on the same commercial terms as the original order;
• refund the invoice value of the non-conforming goods; or
• issue a credit note for that value against the Buyer’s account.

Replacement goods carry the unexpired balance of the original warranty period and no more.

These are the Buyer’s sole and exclusive remedies.

8. Limits of liability

MF’s total liability under or in connection with this warranty, in contract, tort or otherwise, is limited to the invoice value of the specific goods found not to conform.

MF is not liable for any indirect, special or consequential loss, including loss of profit, loss of revenue, loss of contract, loss of opportunity, liquidated damages, delay or disruption to a project, the cost of removing, accessing or reinstalling fasteners, the cost of scaffolding, cranage, excavation or shutdown, damage to other goods or structures, or any claim brought against the Buyer by a third party.

This warranty is exclusive of and in place of all other warranties, conditions, terms and representations, whether express or implied, statutory or otherwise, including any implied term as to satisfactory quality or fitness for a particular purpose, to the fullest extent permitted by law.

Nothing in this warranty excludes or limits liability which cannot lawfully be excluded or limited under the laws of the United Arab Emirates.

Governing law and jurisdiction are as stated in MF’s Terms & Conditions of Sale.