CUSTOMER PICKUP AND DELIVERY LIABILITY WAIVER
Chiragh Metal Trading Inc dba Steel N Metals
This Customer Pickup and Delivery Liability Waiver (“Waiver”) applies to all customers, purchasers, and any of their employees, agents, contractors, or representatives (“Buyer”) who elect to pick up materials, fabricated components, or manufactured goods directly from the facility of Chiragh Metal Trading Inc dba Steel N Metals (“Seller”) or who accept delivery of such materials by Seller or any third-party carrier arranged by Seller. By electing customer pickup or accepting delivery, Buyer expressly acknowledges and agrees that full responsibility for the handling, loading, securement, transportation, and unloading of all materials transfers entirely to Buyer immediately upon commencement of the pickup process and, in all cases, no later than the moment the materials are placed onto Buyer’s vehicle, trailer, or equipment, or, in the case of delivery, upon arrival of materials at the designated delivery location.
Buyer acknowledges that all materials supplied by Seller, including but not limited to metal bars, tubing, plates, sheets, structural shapes, and fabricated components, may possess inherent risks including excessive weight, sharp edges, shifting centers of gravity, uneven surfaces, oil or residue, and irregular geometry, and Buyer further acknowledges that such materials may present significant hazards if not properly handled, secured, transported, or unloaded. Buyer expressly assumes all risks associated with such activities, including but not limited to risks of personal injury, death, property damage, vehicle damage, loss of load, traffic incidents, regulatory violations, and third-party claims, and acknowledges that improper handling or securement of metal materials may result in severe or catastrophic consequences.
For all customer pickup transactions, Buyer expressly agrees that Seller does not and shall not secure, strap, tie down, balance, block, or otherwise ensure the safe transport of any materials once placed onto Buyer’s vehicle, and under no circumstances shall Seller be responsible for load securement. Any assistance provided by Seller’s personnel in positioning or placing materials onto Buyer’s vehicle is provided strictly as a courtesy and shall not be interpreted as supervision, control, instruction, or assumption of responsibility. Buyer retains sole and exclusive responsibility for determining proper load securement, weight distribution, tie-down requirements, and transportation safety, and represents and warrants that its vehicle, trailer, and any associated equipment are properly rated, maintained, and legally compliant for the transportation of the materials being collected. Seller shall have no obligation to verify, inspect, or advise on the adequacy, capacity, or legality of Buyer’s equipment, load securement, or transportation methods.
For all deliveries performed by Seller or any third-party carrier, Buyer expressly acknowledges and agrees that Seller’s responsibility is limited solely to transporting materials to the designated delivery location and that Buyer shall be solely responsible for unloading all materials. Seller, its drivers, and any third-party carriers shall have no obligation to unload materials unless expressly agreed to in writing prior to delivery. Buyer shall provide all necessary equipment, labor, and safe conditions required to unload materials and assumes full responsibility for all risks associated with unloading, including but not limited to personal injury, equipment failure, property damage, and site-related hazards. Any assistance provided by Seller’s personnel or delivery drivers during unloading shall be deemed voluntary and shall not create any duty, responsibility, or liability on the part of Seller.
Buyer agrees that all materials must be fully inspected at the time of pickup or immediately upon delivery prior to departure of Seller’s personnel or carrier. By accepting possession of the materials and proceeding with transport or allowing delivery personnel to depart, Buyer conclusively acknowledges that the materials have been inspected and accepted in full and waives any and all claims relating to damage, shortage, defect, or nonconformance thereafter.
Buyer assumes full responsibility for compliance with all applicable federal, state, and local laws and regulations governing transportation, load securement, weight limits, and safety requirements, including but not limited to the Illinois Vehicle Code and Federal Motor Carrier Safety Regulations, and is solely responsible for determining load capacity, axle limits, weight distribution, overhang compliance, tie-down requirements, and safe operation of vehicles and equipment.
To the fullest extent permitted by law, Buyer hereby releases, waives, discharges, indemnifies, defends, and holds harmless Seller, its owners, officers, directors, employees, agents, and affiliates from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses, including attorney’s fees, arising out of or related in any way to the loading, handling, securing, transportation, or unloading of materials following pickup or delivery, regardless of whether such claims arise from negligence, oversight, or involvement by Seller’s personnel in any aspect of loading or unloading.
Seller reserves the right, at its sole discretion, to refuse to load materials onto any vehicle or trailer that appears unsafe, improperly equipped, overloaded, or noncompliant with applicable safety standards, and further reserves the right to halt loading operations or require corrective action prior to release of materials if unsafe conditions are identified. Failure by Seller to enforce any provision of this Waiver shall not be construed as a waiver of Seller’s rights to enforce such provisions at any time in the future.
By proceeding with customer pickup or accepting delivery, Buyer acknowledges that it has read, understood, and voluntarily agreed to all terms of this Waiver and accepts full responsibility for all risks associated with the handling, transportation, and unloading of materials, and further acknowledges that these terms are binding, enforceable, and applicable to all current and future transactions involving pickup or delivery of materials from Seller.