Statement of Limited Liability

THE TERMS AND CONDITIONS AND LIMITATION OF LIABILITY CONTAINED HEREIN SHALL APPLY TO ALL WORK AND SERVICES PERFORMED BY ASTRO ALUMINUM TREATING CO. INC.  (“ASTRO”)

THE HEAT TREATMENT OF ALLOYS, INCLUDING ALUMINUM, IS DEPENDENT ON THE COMPOSITION AND SPECIFIC PROPERTIES OF THE MATERIALS SUPPLIED FOR METAL TREATMENT. IT IS GENERALLY RECOGNIZED THAT EVEN AFTER EMPLOYING ALL OF THE SCIENCE KNOWN TO US, AND CAPABLE MEN WITH YEARS OF TRAINING, HAZARDS REMAIN IN THE PROCESS OF HEAT TREATING.

BY CONTRACTING WITH ASTRO, CUSTOMER AGREES TO ACCEPT THESE TERMS AND CONDITIONS OF SERVICE AND LIMITS OF LIABILITY NOTWITHSTANDING ANYTHING CONTRARY CONTAINED IN CUSTOMER’S PURCHASE ORDERS, WORK ORDERS, INVOICES, OR OTHER SIMILAR DOCUMENTS.

CUSTOMER AGREES THAT ASTRO’S LIABILITY SHALL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNT OF THE CHARGES FOR THE WORK/SERVICES PERFORMED BY ASTRO ON ANY MATERIAL.  CUSTOMER AGREES THAT THIS LIMITATION OF LIABILITY LIMITS THE AMOUNT OF DAMAGES THAT MAY BE RECOVERED AGAINST ASTRO.   THE REIMBURSEMENT TO CUSTOMER OF THE AMOUNT OF THE CHARGES FOR THE WORK/SERVICES PERFORMED BY ASTRO ON ANY MATERIAL IS NOT AN EXCULPATORY CLAUSE INTENDED TO EXONERATE ASTRO.  IT IS INTENDED TO FULLY COMPENSATE CUSTOMER ON THE BASIS OF THE AMOUNT CHARGED FOR THE WORK/SERVICES.

CUSTOMER AGREES THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY AND ALL LEGAL THEORIES OF RECOVERY AGAINST ASTRO, INCLUDING BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT OR STATUTORY LIABILITY, OR ANY OTHER CAUSES OF ACTION.  CUSTOMER AGREES THAT IT WILL NOT SEEK DAMAGES IN EXCESS OF THE AMOUNT CHARGED FOR THE WORK, WHETHER DIRECTLY OR INDIRECTLY.

CUSTOMER AGREES THAT THESE TERMS AND CONDITIONS OF SERVICE AND LIMITS OF LIABILITY MAY ONLY BE MODIFIED BY A WRITING SIGNED BY AN OFFICER OF ASTRO BEFORE WORK ON THE MATERIALS IS STARTED OR SERVICES PERFOMED.   OTHERWISE, THESE TERMS AND CONDITIONS SHALL BE BINDING ON CUSTOMER.

CUSTOMER AGREES THAT THE INABILITY TO DISCOVER A DEFECT WITHIN A REASONABLE PERIOD OF TIME AFTER RECEIPT OF THE HEAT TREATED MATERIALS, NOT TO EXCEED SEVEN (7) BUSINESS DAYS, WILL NOT VOID THE LIMITATION OF LIABILITY CONTAINED IN THESE TERMS AND CONDITIONS.

CUSTOMER AGREES THAT IT SHALL BE CUSTOMER’S OBLIGATION TO NOTIFY ASTRO IF IT DOES NOT AGREE TO THE LIMITATION OF LIABILITY CONTAINED HEREIN, AND A FAILURE ON THE PART OF CUSTOMER TO DO SO IN WRITING BEFORE WORK STARTS WILL BE DEEMED ACCEPTANCE OF THIS LIMITATION OF LIABILITY.

ASTRO MAKES NO EXPRESS OR IMPLIED WARRANTIES AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, AS TO THE PERFORMANCE OR CAPABILITIES OF THE MATERIAL AS HEAT TREATED, OR THE HEAT TREATMENT.  THE AFORE-MENTIONED LIMITATION OF LIABILITY STATED ABOVE IS SPECIFICALLY IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, AND ANY OTHER SUCH OBLIGATION ON THE PART OF ASTRO.

ASTRO’S LIABILITY TO CUSTOMER SHALL CEASE ONCE ANY FURTHER PROCESSING, ASSEMBLING OR ANY OTHER WORK HAS BEEN UNDERTAKEN BY CUSTOMER OR ANY THIRD PARTY WITH REGARDS TO THE MATERIALS.

CUSTOMER AGREES THAT ANY CLAIMS FOR SHORTAGE IN WEIGHT OR COUNT SHALL BE VOID UNLESS PRESENTED, IN WRITING, TO ASTRO WITHIN SEVEN (7) BUSINESS DAYS AFTER RECEIPT OF MATERIALS BY CUSTOMER.  NO CLAIMS WILL BE ALLOWED FOR SHRINKAGE, EXPANSION, DEFORMITY, OR RUPTURE OF MATERIALS IN TREATING OR STRAIGHTENING, EXCEPT BY PRIOR WRITTEN AGREEMENT.  ASTRO SHALL HAVE NO LIABILITY FOR RUPTURE CAUSED BY OR OCCURRING DURING ANY SUBSEQUENT WORK OR GRINDING OF THE MATERIALS. WHENEVER ASTRO IS GIVEN MATERIALS WITH DETAILED INSTRUCTIONS AS TO TREATMENT, ASTRO’S LIABILITY SHALL END UPON THE EXECUTION AND COMPLETION OF THOSE INSTRUCTIONS.

CUSTOMER AGREES TO CLEARLY IDENTIFY THE COMPOSITION OF THE MATERIALS SUBMITTED TO ASTRO AT THE TIME AN ORDER FOR WORK/SERVICE IS SUBMITTED. FAILURE BY CUSTOMER TO IDENTIFY THE PROPER ALLOY DESIGNATION OR CORRECTLY INDICATE THE TYPE OF MATERIAL TO BE TREATED AT THE SUBMISSION OF THE WORK, SHALL CAUSE AN EXTRA CHARGE TO BE MADE TO COVER ANY ADDITIONAL EXPENSE INCURRED AS A RESULT THEREOF, BUT SHALL NOT CHANGE THE LIMITATION OF LIABILITY STATED ABOVE. WHEN CUSTOMER PROVIDES SPECIFICATIONS FOR THE HEAT TREATING SERVICE TO BE PROVIDED, MAKES CHANGES IN THE KIND OF MATERIALS (I.E. PROPER ALLOY DESIGNATION) TO BE TREATED, OR CHANGES THE PROCESS TO BE USED, CUSTOMER ACKNOWLEDGES AND AGREES THAT THIS LIMITATION OF LIABILITY SHALL REMAIN IN EFFECT, BUT THAT ADDITIONAL CHARGES FOR SERVICES WILL BE DUE AND OWING TO COVER THE ADDITIONAL EXPENSE INCURRED AS A RESULT OF CHANGES MADE BY CUSTOMER.

CUSTOMER AGREES THAT ASTRO WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF PROFIT, LOST TIME, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE MATERIALS FROM ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGES, LOSS OF PROFITS, LOSS OF PRODUCTION, RECALL OR ANY OTHER LOSSES, EXPENSES OR LIABILITIES ALLEGEDLY OCCASIONED BY THE WORK OR SERVICES PERFORMED BY ASTRO.

ASTRO’S WORK IS EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS AND LIMITS OF LIABILITY CONTAINED HEREIN AS WELL AS ON ASTRO’S ACCEPTANCE OF CUSTOMER’S PURCHASE ORDER AND OTHER FORMS.   ANY DIFFERENT OR ADDITIONAL TERMS CONTAINED IN ANY OF CUSTOMER’S FORMS ARE HEREBY DEEMED TO BE A MATERIAL ALTERATION OF ASTRO’S TERMS AND ANY SUCH ALTERATION IS HEREBY REJECTED.

CUSTOMER AGREES THAT ASTRO SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE OF ITS OBLIGATIONS HEREUNDER ARISING OUT OF OR CAUSED, DIRECTLY OR INDIRECTLY, BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, EARTHQUAKES, FIRES, FLOODS, WARS, CIVIL OR MILITARY DISTURBANCES, ACTS OF TERRORISM, SABOTAGE, STRIKES, EPIDEMICS, RIOTS, POWER FAILURES, COMPUTER FAILURE AND ANY SUCH CIRCUMSTANCES BEYOND ITS CONTROL.