Last updated: September 9, 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
- Submitting an RFQ, application, or other information through the Site does not obligate NTM to quote, accept an order, provide services, or enter into any contract. A contract is formed only as provided in an applicable quotation, order acknowledgment, or other written agreement.
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 at the contact information below that identifies the copyrighted work, the allegedly infringing material and its location, your contact information, and the other information required by applicable law, including 17 U.S.C. § 512(c)(3) where applicable.
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 shall lie in the state courts located in Outagamie County, Wisconsin, or, if federal subject-matter jurisdiction exists, in the United States District Court for the Eastern District of Wisconsin. You consent to the personal jurisdiction of those courts.
Part B: Terms and Conditions of Sale
The following Terms and Conditions of Sale (the "Sale Terms") govern sales of products and services by NTM ("Seller") to a customer ("Buyer") when these Sale Terms are incorporated by reference, linked or provided with Seller's quotation or order acknowledgment, or otherwise made part of the parties' transaction. Unless Seller expressly agrees otherwise in a writing signed by an authorized representative, the version of these Sale Terms in effect on the date of Seller's applicable quotation or order acknowledgment will govern that transaction. If a separate written agreement signed by Seller directly conflicts with these Sale Terms, the signed agreement will control to the extent of the conflict.
1. Acceptance
Seller's quotation, order acknowledgment, these Sale Terms, and any writings expressly incorporated by Seller (collectively, the "Agreement") are expressly conditioned on Buyer's assent to the Agreement. Buyer accepts the Agreement by signing or accepting Seller's quotation or acknowledgment, issuing a purchase order after receiving or being directed to these Sale Terms, directing Seller to begin work, accepting delivery, or otherwise providing a definite expression of acceptance. Any additional or different terms in Buyer's purchase order, acknowledgment, portal, or other document are rejected and will not become part of the Agreement unless expressly accepted in a writing signed by an authorized representative of Seller. The Agreement may not otherwise be modified except by a writing signed by an authorized representative of Seller.
2. Force Majeure
Seller shall not be liable for any delay or failure of performance caused by circumstances beyond Seller's reasonable control, including acts of God, fire, flood, severe weather, epidemic or public-health emergency, war, terrorism, civil unrest, labor disruption, cyberattack, utility or telecommunications failure, transportation interruption, governmental action, embargo, material or component shortage, supplier failure, or other similar cause. Seller's time for performance will be extended for the duration of the affected period and any reasonable recovery period. Time is not of the essence with respect to Seller's performance unless Seller expressly agrees otherwise in writing.
3. Payment and Terms
The sales price and the products or services to be provided by Seller shall be as stated in Seller's applicable quotation or order acknowledgment. Payment is due upon receipt of invoice unless Seller states different payment terms in writing, 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 actual reasonable attorney fees, incurred by Seller in connection with actions or efforts to collect any balance owed by Buyer.
4. Limitation of Warranty
EXCEPT FOR ANY EXPRESS WARRANTY EXPRESSLY STATED IN SELLER'S APPLICABLE QUOTATION OR ORDER ACKNOWLEDGMENT, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER. ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY ARISING BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
5. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF SELLER AND SELLER'S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FOR ALL CLAIMS, LOSSES, COSTS, OR DAMAGES ARISING OUT OF OR RELATING TO THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID TO SELLER FOR THOSE PRODUCTS OR SERVICES. IN NO EVENT SHALL SELLER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF USE, OR LOSS OF DATA, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 unless Seller expressly agrees otherwise in writing. Upon full payment of all fees and costs, Buyer shall receive only the rights, if any, to use the Design Documents that are expressly stated in Seller's applicable quotation, order acknowledgment, or other written agreement.
7. Indemnification of Design
Buyer represents and warrants that it owns or is authorized to provide and direct Seller to use all drawings, specifications, designs, artwork, trademarks, trade names, technical data, and other materials supplied or approved by Buyer. Buyer shall defend, indemnify, and hold Seller harmless from third-party claims, damages, losses, and expenses, including reasonable attorney fees, arising from alleged infringement, misappropriation, or other violation of third-party rights resulting from Seller's authorized use of Buyer-supplied or Buyer-approved materials.
8. Product Liability Protection
Buyer shall defend, indemnify, and hold Seller harmless from and against claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising out of Buyer's or a third party's misuse, unauthorized modification, improper installation, integration, or application of the product, or use of the product outside Seller's written specifications or instructions, except to the extent caused by Seller's breach of an applicable express warranty or Seller's gross negligence or willful misconduct. Seller may control the defense of any claim for which it seeks indemnification using counsel of its choosing at Buyer's expense. Buyer is responsible for compliance with laws applicable to Buyer's design, integration, installation, operation, or end use of the product, and Buyer shall not modify the product in a manner inconsistent with Seller's written specifications or instructions.
9. Exclusive Remedy
Buyer's sole and exclusive remedy for breach of any applicable express warranty shall be repair or replacement of the nonconforming goods or re-performance of the nonconforming services, at Seller's option and expense. Seller shall have no liability under an applicable warranty unless Buyer promptly provides a clear written statement describing the alleged nonconformity and its consequences and, if requested by Seller, returns the allegedly nonconforming product to Seller at Buyer's expense for inspection.
10. Governing Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, exclusive of its conflict-of-law principles. Any claim or dispute arising out of or relating to the Agreement, including its interpretation, performance, or enforceability, shall be brought exclusively in the state courts located in Outagamie County, Wisconsin, or, if federal subject-matter jurisdiction exists, in the United States District Court for the Eastern District of Wisconsin. Each party consents to the personal jurisdiction of those 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 that it has authority to enter into the 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
