We believe that these efforts are largely the result of adversepublicity that has occurred in recent months regarding toxic paints and othersubstances that have been found in consumer products and animal feeds, withmuch of the products originating in China.
BAY SUPPLY management understands and recognizes the manyadverse consequences of the presence of toxic substances in such products,although science and medicine do not seem to agree on what levels are safe andacceptable. A zero tolerance is not commercially practical, given the costs oftesting and compliance.
With this in mind, BAY SUPPLY is prepared to offer the followinglimited warranty for parts purchased after May 1, 2008:
“For parts purchased after May 1, 2008, BAY SUPPLY certifies tothe best of its knowledge, and within commercially practical means ofverification, that products marked with the certification seal below, shall notcontain levels of the above Materials of Concern, that are deemed not safe bythe United States Food and Drug Administration; the United States SurgeonGeneral; and the United States Occupational, Safety, and HazardsAdministration, at the time such parts depart from BAY SUPPLY's facility. Theterm “levels not safe” shall be interpreted as standards developed by suchgovernmental administrations that are established in scientific fact, which ifingested by or exposed to humans using BAY SUPPLY products, in accordance withnormal and customary standards of operation, realize actual adverse medicalconsequences that are proven beyond reasonable doubt. This certification may beamended, modified, or withdrawn at the sole discretion of BAY SUPPLY at anytime, at which time all subsequent parts marked as described herein shallcomply with the then applicable Materials of Concern certification standard.”
BAY SUPPLY further warrants that products will be manufacturedand inspected according to general practices of companies manufacturingindustrial fasteners. Unless otherwise expressly stated in a mutually agreedpurchase order contract, standard commercial tolerances apply. This warranty ismade in lieu of any other warranties, expressed or implied, includingwarranties of merchantability and fitness for a particular use.
This warranty is void unless Customer inspects the products whenreceived, and notifies BAY SUPPLY of any rejections based on non-conformancewith specifications, or defects in the products within 30 days receipt thereofby Customer. This warranty does not apply to any products that are reworked orsubjected to any additional processing by Customer.
This is a limited warranty for the following reasons:
1. Supplier Verification
The warranty is based largely on the representations andwarranties of BAY SUPPLY suppliers. BAY SUPPLY has surveyed, and will continueto survey, the operations of its suppliers, where practical, so as to determinethe likelihood of compliance. Some of BAY SUPPLY's suppliers are located indeveloping world countries such as India, China, and Mexico. While these firmspossess documented standards for quality assurance and processes, there arelimitations in infrastructure; evidence of ground pollution and otherenvironmental conditions; and an absence of control over the subcontractors ofour suppliers.
For imported goods, shipments are fumigated and treated so as toconform with the laws and regulations of United States Customs andinternational trading standards. Such fumigation could expose material andparts to certain elements listed in the Materials of Concern. No known methodsexist to absolutely control the chemical levels and consistency of suchfumigation. Additionally, wood pallets and containers may be impregnated withchemicals that may fall under the Materials of Concern. Finally, the nature of BAYSUPPLY products is that they are dense and heavy. In spite of efforts to thecontrary, it is not uncommon for other goods to be stacked on top of BAY SUPPLYproducts while in transit. Such stacking increases the opportunities tointroduce Materials of Concern, such as fiberglass, foam blowing agents, andflame retardants, into the products.
Many of BAY SUPPLY's products are made from carbon steel.According to ASTM A-108, a very common standard for cold-finished steel,antimony is a permitted residual substance, and ASTM has a testingspecification for the element. The specification calls out a permitted range of.0005-.001%. A survey of BAY SUPPLY suppliers and a review of test resultsindicate that antimony is not present, but that such element can possibly bepresent from this process.
4. Inventory Control
Many suppliers and contractors have legacy stocks that maycontain Materials of Concern, but were not formally tested. Short of reworkingan entire industry of inventory, there is some uncertainty that nonconformingparts can enter the market, especially among offshore suppliers where internalcontrols are lax.
The international standard for testing hexavalent chromium inconversion coatings is ISO 3613. This specification states that the properunits of measure are ug/cm_. The European Union does not recognize thisstandard of measurement.
THE ONLY WAY TO GUARANTEE THE ABSENCE OF MATERIALS OF CONCERN INA PART IS TO TEST EACH AND EVERY OUTGOING LOT. ADDITIONALLY, THERE IS NOCONTROL OVER THE EXPOSURE OF PARTS DURING TRANSPORTATION. WE KNOW OF NO FIRMTHAT TESTS EACH AND EVERY OUTGOING LOT. SHORT OF INDIVIDUAL LOT TESTING,SUPPLIER CERTIFICATION AND INSPECTION ARE THE ONLY MEANS COMMERCIALLY PRACTICALTO CONFER.