Statement of Limited Liability - CTP Cryogenics
THE TERMS AND CONDITIONS AND LIMITATION OF LIABILITY CONTAINED HEREIN SHALL APPLY TO ALL WORK AND SERVICES PERFORMED BY CTP CRYOGENICS ("CTP CRYOGENICS").
THE DEEP CRYOGENIC TREATMENT, SHALLOW CRYOGENIC TREATMENT, AND TEMPERING OF METALS AND ALLOYS IS DEPENDENT UPON THE COMPOSITION, METALLURGY, HEAT TREATMENT HISTORY, AND SPECIFIC PROPERTIES OF THE MATERIALS SUPPLIED FOR CRYOGENIC PROCESSING. IT IS GENERALLY RECOGNIZED THAT, EVEN AFTER EMPLOYING ESTABLISHED INDUSTRY PRACTICES, MODERN EQUIPMENT, AND HIGHLY TRAINED PERSONNEL, RISKS REMAIN IN THE PERFORMANCE OF DEEP CRYOGENIC TREATMENT, SHALLOW CRYOGENIC TREATMENT, AND TEMPERING SERVICES.
BY CONTRACTING WITH CTP CRYOGENICS, 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 CTP CRYOGENICS' LIABILITY SHALL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNT OF THE CHARGES FOR THE APPLICABLE WORK OR SERVICES PERFORMED. THIS LIMITATION APPLIES TO ALL LEGAL THEORIES, INCLUDING CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR STATUTORY LIABILITY.
CTP CRYOGENICS PROVIDES POST-MANUFACTURING PROCESSING SERVICES ONLY AND DOES NOT DESIGN, MANUFACTURE, MACHINE, FABRICATE, OR HEAT TREAT THE MATERIALS OR COMPONENTS SUBMITTED FOR PROCESSING.
CTP CRYOGENICS MAKES NO REPRESENTATION OR WARRANTY THAT CUSTOMER-SUPPLIED MATERIALS ARE SUITABLE FOR DEEP CRYOGENIC TREATMENT, SHALLOW CRYOGENIC TREATMENT, OR TEMPERING AND SHALL NOT BE RESPONSIBLE FOR LATENT DEFECTS, MATERIAL COMPOSITION, METALLURGY, PRIOR HEAT TREATMENT, DESIGN DEFECTS, MANUFACTURING DEFECTS, OR THE RESULTING PERFORMANCE OF CUSTOMER-SUPPLIED MATERIALS OR COMPONENTS.
CTP CRYOGENICS WARRANTS ONLY THAT ITS DEEP CRYOGENIC TREATMENT, SHALLOW CRYOGENIC TREATMENT, AND TEMPERING SERVICES WILL BE PERFORMED IN A COMMERCIALLY REASONABLE MANNER CONSISTENT WITH INDUSTRY STANDARDS. CTP CRYOGENICS MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PERFORMANCE, DURABILITY, LONGEVITY, DIMENSIONAL STABILITY, HARDNESS, WEAR RESISTANCE, FATIGUE LIFE, OR OTHER CHARACTERISTICS OF MATERIALS FOLLOWING PROCESSING.
CUSTOMER AGREES THAT CTP CRYOGENICS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF USE, RECALL COSTS, PROPERTY DAMAGE, OR PROCUREMENT OF SUBSTITUTE MATERIALS.
CUSTOMER SHALL IDENTIFY THE MATERIAL COMPOSITION, ALLOY, AND REQUESTED DEEP CRYOGENIC TREATMENT, SHALLOW CRYOGENIC TREATMENT, OR TEMPERING SERVICE WHEN SUBMITTING MATERIALS. CHANGES REQUESTED AFTER ACCEPTANCE MAY RESULT IN ADDITIONAL CHARGES.
CTP CRYOGENICS SHALL NOT BE LIABLE FOR FAILURE OR DELAY CAUSED BY EVENTS BEYOND ITS REASONABLE CONTROL, INCLUDING ACTS OF GOD, FIRE, FLOOD, EARTHQUAKE, WAR, STRIKES, POWER FAILURES, SUPPLY CHAIN DISRUPTIONS, EPIDEMICS, OR OTHER FORCE MAJEURE EVENTS.
ALL WORK SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, AND ANY ACTION SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA.