Terms & Conditions
General terms, commercial conditions, strict warranty disclaimers, and comprehensive limitation of liability governing all surface finishing services and website interactions.
Important Notice Regarding Liability Exclusions
By commissioning any coating, anodizing, sublimation, or processing services with Brightwell Industries, or by accessing this website, you explicitly agree that Brightwell Industries maintains absolute, strict limitation of liability as defined herein. All processing is conducted subject to the exclusions and caps set forth below.
1Scope & Binding Contractual Basis
These Terms and Conditions constitute a legally binding agreement between the customer ("Client", "you") and Brightwell Industries ("Company", "we", "us"). They govern all commercial quotes, substrate handling, surface processing (including Architectural Powder Coating, Color Anodizing, PU Coating, Chromodizing Pre-Treatment, and Wooden Finish Sublimation), delivery, and online interactions.
Placement of a purchase order, delivery of raw metal extrusions to our Vashi facility, or approval of a quotation constitutes unconditional acceptance of these terms, superseding any customer purchase order conditions to the contrary.
2Absolute Exclusions & Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRIGHTWELL INDUSTRIES, ITS PROPRIETORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR:
- Indirect & Consequential Damages: Any indirect, incidental, special, punitive, exemplary, or consequential losses of any kind whatsoever.
- Commercial & Project Costs: Loss of profit, revenue, business opportunity, goodwill, contract cancellation fees, project delay penalties, site downtime, scaffold/crane rentals, installation fees, labor charges, or dismantling costs.
- Third-Party & Site Claims: Claims made against the Client by developers, general contractors, architects, end-users, or third parties relating to installed architectural facades, windows, or cladding.
- Strict Financial Liability Cap: Under all circumstances, the sole, maximum, and total aggregate liability of Brightwell Industries for any claim, breach, negligence, or defect—whether in contract, tort, strict liability, or otherwise—shall be strictly limited to a refund or credit not exceeding the direct net coating service fee actually collected by us for the specific batch of profiles proven to be non-conforming.
3Substrate Risk, Transit & Material Non-Liability
Raw aluminium extrusions, structural profiles, hardware, or fabrications supplied by the Client are accepted at our Vashi plant purely on a customer-risk basis:
- Substrate Imperfections: We are not liable for coating defects, gas blistering, surface pitting, roughness, or adhesion failures resulting from substrate impurities, mill die lines, zinc/magnesium alloy variations, internal porosity, or prior chemical contamination.
- Transit & Handling Losses: We bear zero liability for damage, bending, scratching, loss, or theft occurring during transportation, loading, or unloading handled by third-party carriers or customer vehicles.
- Pre-Existing Damage: The Client remains solely responsible for inspecting raw extrusions before dispatch to our facility.
4Warranty Disclaimers & Chemical Manufacturer Limits
Brightwell Industries provides surface treatment services in accordance with standard chemical manufacturer specifications. However:
- No Independent Express/Implied Warranties: Brightwell Industries disclaims all other express, statutory, or implied warranties, including implied warranties of merchantability, fitness for a particular architectural purpose, or performance in extreme coastal/saline micro-climates unless specifically issued in an official powder manufacturer certificate.
- Powder Manufacturer Guarantees: Any 10-Year, 15-Year, or 25-Year architectural performance warranty is governed strictly and exclusively by the official terms, conditions, exclusions, and claim procedures of the powder manufacturer (e.g., Jotun, AkzoNobel). Our liability is strictly limited to facilitating manufacturer claims within their explicit terms.
5Mandatory 48-Hour Inspection & Claim Waiver
The Client must inspect all processed materials immediately upon collection or delivery. Any claim for quantity discrepancy, shade mismatch, or visible coating defect must be submitted in writing to Brightwell Industries within 48 hours of receipt and prior to fabrication, cutting, or site installation.
FAILURE TO PROVIDE WRITTEN NOTICE WITHIN 48 HOURS, OR ANY CUTTING, FABRICATION, OR INSTALLATION OF PROCESSED PROFILES, CONSTITUTES AN ABSOLUTE, IRREVOCABLE ACCEPTANCE OF THE GOODS AND A TOTAL WAIVER OF ALL CLAIMS AGAINST BRIGHTWELL INDUSTRIES.
6Customer Indemnification & Hold Harmless
The Client agrees to defend, indemnify, and hold harmless Brightwell Industries, its officers, employees, and sub-contractors from and against any and all claims, actions, suits, liabilities, losses, damages, costs, and expenses (including attorney fees) arising from:
- Client’s improper handling, storage, cutting, or installation of processed products.
- Third-party facade failures, structural movement, or architectural design flaws.
- Client’s breach of any applicable laws, site regulations, or terms of this agreement.
7Force Majeure & Plant Operating Disruptions
Brightwell Industries shall have zero liability for delay or failure to perform service commitments caused by events beyond our reasonable control, including but not limited to grid power failures, industrial gas supply outages, raw powder raw material shortages, equipment breakdown, fires, floods, severe weather, strikes, labor disputes, epidemics, or government restrictions.
8Governing Law & Jurisdiction
These terms are governed exclusively by the laws of the State of Maharashtra and the Republic of India. Any legal action or dispute arising in connection with our services or website shall be submitted to the exclusive jurisdiction of the courts located in Navi Mumbai / Mumbai, Maharashtra.
9Administration Contact Information
For formal legal notices or commercial correspondence regarding these terms:
Brightwell Industries Administration
Vashi Industrial Zone, Navi Mumbai, Maharashtra 400703, India
Email: everbright_ind@yahoo.co.in
Phone: +91 9769032736
Ready to Finish Your Extrusions with 25-Year Certified Coating?
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