STATEMENT OF LIMITED LIABILITY



The following Terms Applies to all work performed by NuZinc:



The purchaser of metal plating services from NuZinc, understands that even after utilizing all the scientific methods known to NuZinc, risks remain in metal coating. The purchaser therefore agrees that NuZinc’s liability shall not exceed two times (2) the amount of the charges for the work done on any material. The purchaser agrees and understands that this limitation of liability is not an exculpatory clause. The reimbursement and full liability of NuZinc shall not exceed two times (2) the amount of the charges for the work done by NuZinc on any material. This term applies to all work done by NuZinc except where otherwise agreed to in a written agreement signed by an authorized representative of NuZinc.

The purchaser, by contracting for metal coating, agrees to accept the limits of liability as expressed in this statement to the exclusion of any and all other provisions as to liability that may be set forth in the purchaser’s own invoices, purchase orders or other documents. If the purchaser proposes a different or additional liability provision, the same must be agreed to in writing and signed by an officer of NuZinc before services are started or provided. In such event, the purchaser understands that a different charge for services must be agreed on, reflecting the higher risk to NuZinc. No work will be started until parties have signed an agreement setting forth the new charges and terms of liability. Otherwise, the terms set forth herein are binding on the purchaser.

It is agreed by the purchaser and NuZinc that the inability to discover a defect within a reasonable period of time after the receipt of a shipment of coated material, not to exceed five (5) business days, will not void the limitation of liability contained in this agreement. It is the purchaser’s obligation to notify NuZinc if it does not agree to the limitation of liability contained herein and a failure on the part of the purchaser to do so in writing before work starts will be deemed acceptance of this limitation of liability.

NuZinc’s liability to the purchaser shall cease once any further processing, assembling or any other work has been undertaken by the purchaser or any third party.

The purchaser agrees there will be no liability on NuZinc in contract or tort (including negligence and strict liability) for any special, indirect or consequential damages arising from any reason 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