Last updated: June 11, 2026
Part A: Website Terms of Use
These Website Terms of Use ("Terms of Use") govern your access to and use of ntmetals.com (the "Site"), operated by New Tech Metals, a division of Blackman, Inc. ("NTM", "we", "us", "our"). By accessing or using the Site, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree, do not use the Site.
A1. License to Use the Site
NTM grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or business informational use. You may not copy, modify, distribute, sell, lease, or create derivative works of any part of the Site or its content without our prior written consent.
A2. Intellectual Property
All content on the Site, including text, graphics, logos, images, photographs, videos, software, and the selection and arrangement thereof, is owned by NTM or its licensors and is protected by United States and international copyright, trademark, and other intellectual-property laws. The trademarks, service marks, and trade dress displayed on the Site are owned by NTM or its licensors and may not be used without prior written consent.
A3. User Submissions and RFQ Submissions
By submitting information through the Site (including engineering drawings, technical data packages, materials specifications, project descriptions, and contact information), you represent and warrant that:
- You have the right to submit the information and to authorize NTM to use it to evaluate, quote, and (if you contract with us) fulfill your project
- The information does not infringe any third-party intellectual-property right, contractual obligation, or law
- You will not submit ITAR-controlled, EAR-controlled, or Controlled Unclassified Information (CUI) through public web forms; contact us to establish an approved secure transmission method
A4. Prohibited Conduct
You agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms
- Interfere with or disrupt the Site, its servers, or networks
- Attempt to gain unauthorized access to any part of the Site, accounts, or systems
- Use automated scripts, bots, or scrapers to collect information from the Site without prior written consent
- Submit false, misleading, or fraudulent information through any form
- Upload or transmit viruses, malware, or any other harmful code
A5. Disclaimers
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NTM DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
A6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NTM, ITS PARENT (BLACKMAN, INC.), AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE. IN NO EVENT SHALL NTM'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE EXCEED ONE HUNDRED U.S. DOLLARS ($100). FOR LIMITATIONS ON LIABILITY ARISING FROM CONTRACTS OF SALE, SEE PART B BELOW.
A7. Indemnification
You agree to defend, indemnify, and hold harmless NTM, its parent (Blackman, Inc.), affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or in any way connected with: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual-property or privacy right; or (d) any submission you make through the Site.
A8. Trademark and DMCA Notice
The "New Tech Metals" name, logo, and related marks are trademarks of NTM or Blackman, Inc. All other trademarks appearing on the Site are the property of their respective owners. Use of these marks without prior written consent is prohibited.
NTM respects the intellectual-property rights of others. If you believe content on the Site infringes your copyright, please send a written notice to NTM's designated agent at the contact information below that includes the elements required by 17 U.S.C. § 512(c)(3).
A9. External Links
The Site may link to third-party sites that NTM does not own or control. NTM is not responsible for the content, privacy practices, or business practices of those sites. Your use of any third-party site is at your own risk.
A10. Modifications
We may revise these Terms of Use at any time by updating this page. Your continued use of the Site after a change is posted constitutes your acceptance of the revised Terms.
A11. Governing Law and Venue
These Terms of Use, and any dispute arising out of or related to your use of the Site, are governed by the laws of the State of Wisconsin, exclusive of its conflict-of-law principles. Exclusive venue for any action shall lie in Outagamie County Circuit Court, Appleton, Wisconsin, and you submit to the personal jurisdiction of that court.
Part B: Terms and Conditions of Sale
The following Terms and Conditions of Sale (the "Sale Terms") govern the contractual relationship between NTM ("Seller") and any customer ("Buyer") for the sale of products and services. These Sale Terms apply to every quotation, order acceptance, and sale unless expressly modified by a written agreement signed by an authorized representative of Seller. The Sale Terms below preserve the contract language in effect on ntmetals.com prior to this revision.
1. Acceptance
The proposal embodied by this document and any writings incorporated by reference (collectively, the "Agreement") may be accepted by any definite and seasonable expression of acceptance. Acceptance is limited to the terms and conditions of the Agreement; no additional or different terms or conditions contained in any acceptance shall become part of the contract formed as a result of such acceptance. This Agreement may not be modified except by written agreement signed by a duly authorized representative of Seller. Any provisions of Buyer's purchase order or other document, which is inconsistent with the foregoing, shall be of no force and effect.
2. Force Majeure
Seller shall not be liable for any failure of any performance under this Agreement if such failure is occasioned by war, labor shortage, materials shortage, fire, flood or by any act of God, or by any other cause beyond the control of Seller. Time is not of the essence with respect to Seller's performance hereunder.
3. Payment and Terms
The sales price shall be as stated on the front side of this proposal. The services to be provided by Seller are limited to those specifically delineated on the front side of this proposal. Payment is due upon receipt of invoice, time being of the essence. Accounts past due shall be charged a late fee at a rate of 1.5% per month (or 1.0% per month if a "consumer transaction" as defined under applicable law), or the maximum amount permitted by law, from the date of invoice. To the extent permitted by applicable law, Buyer shall be liable to Seller for all costs of collection, including but not limited to actual reasonable attorney fees, incurred by Seller in connection with actions or efforts to collect any balance owed by Buyer.
4. Limitation of Warranty
Seller shall not be liable to Buyer or anyone claiming by, through, or under Buyer for any error of judgment or mistake of law or for any loss, except a loss resulting from willful malfeasance, bad faith or gross negligence on the part of Seller. SELLER MAKES NO ADDITIONAL WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER. ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY THAT THE GOODS OR SERVICES ARE FIT FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
5. Limitation of Liability
Notwithstanding any other provision, the total liability, in the aggregate, of Seller and Seller's officers, directors, employees, and agents to Buyer for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the goods or services provided by Seller shall not exceed the amounts actually received by Seller from Buyer. Notwithstanding any other provision, Seller and Seller's officers, directors, employees, and agents shall not be liable to Buyer for any special, incidental, indirect or consequential damages whatsoever.
6. Ownership of Design
Design documents created by Seller, including, but not limited to, sketches, compilations, designs, illustrations, photography, models, and all other design elements, regardless of form or format (collectively, the "Design Documents") are the exclusive property of Seller. Upon full payment of all fees and costs, Buyer shall be granted the rights, if any, to use the Design Documents as specified on the front side of this Agreement.
7. Indemnification of Design
Buyer warrants that Buyer is the owner of or duly authorized to use any and all copy, cuts, writings, illustrations, trademarks, service marks and trade names submitted or approved by Buyer. Buyer hereby indemnifies and holds Seller harmless from any and all claims for damages sustained by Seller, Buyer or any third party based on infringement of the property rights of others.
8. Product Liability Protection
Buyer shall indemnify, defend and hold Seller harmless from and against any loss, liability, damage, and expense (including attorney fees) which in any manner may arise or result from, or be alleged to have arisen or resulted from, Buyer's or any third party's use or misuse of the product sold hereunder. Seller, at its option, shall have the sole authority for the directing the defense of any such claim, shall have the right to employ attorneys of its own selection (at the expense of Buyer), and shall be the sole judge of the acceptability of any settlement of any such claim. Buyer shall be solely responsible for compliance with any federal, state, or local law regulating the design or operation of the product. Buyer shall not modify the product in any manner, and any modification shall be deemed a material change to the product.
9. Exclusive Remedy
Buyer's sole and exclusive remedy for breach of any warranty hereunder shall be the repair or replacement of any defective goods or services, at Seller's expense. Seller shall have no liability under the foregoing warranty unless Buyer, at its expense, has provided Seller a clear written statement describing the alleged defect, its consequences and, if applicable, returned the allegedly defective product to Supplier.
10. Governing Law; Jurisdiction
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of Wisconsin, exclusive of Wisconsin's conflict of laws provisions. Any and all claims, questions or disputes regarding the interpretation performance and enforceability of this Agreement, the rights and remedies of the parties hereunder, and all related actions of counterclaims shall be initiated and or prosecuted exclusively in Outagamie County Circuit Court, Appleton, Wisconsin. The parties further agree to submit to the jurisdiction of said courts.
11. Entire Agreement
This Agreement is the entire agreement between the parties with respect to the transaction contemplated herein and supersedes all previous written or oral negotiations, commitments and writings. No promises, agreements, representations or warranties with respect to said transaction have been made by any of the parties except as set forth herein.
12. Binding Effect
This Agreement shall bind and benefit the parties and their respective personal and legal representatives, heirs, successors and permitted assigns.
13. Authority
Each party warrants to the other party that is has the authority to enter into this Agreement and that all necessary corporate or other approvals have been or will be obtained.
14. Independent Contractor
Each party acknowledges that it is an independent contractor and is neither an agent, partner, joint venturer nor employee of the other party. A party shall have no authority to bind or otherwise obligate the other party in any manner nor shall a party represent to anyone that it has a right to do so.
15. Waiver
The failure of either party to insist on strict performance of this Agreement by the other, according to the terms and understanding herein set forth, shall not be construed as a waiver of the right to insist on such performance and no waiver by either party of any breach by the other of any provisions hereof shall be deemed a waiver of any other prior or subsequent breach.
16. Severability
Each provision of this Agreement shall be considered severable, and if for any reason any provision or provisions of this Agreement are determined to be invalid and contrary to any existing or future law, the invalidity shall not affect or impair the operation of those portions of this Agreement that are valid, or the application of such provisions in situations in which they are not invalid.
Contact
Questions about these Terms? Contact us:
- Email: sales@ntmetals.com
- Mail: 1600 Van Ess Road, New Franken, WI 54229
