Terms & Conditions of Sale

The following terms and conditions shall cover the sale of material described on the front side hereof and be binding upon the Seller and Purchaser.

Payment in full is due in within 30 days after the date of invoice. Amounts past due are subject to a FINANCE

CHARGE of 1-1/2% per month, which is an ANNUAL PERCENTAGE RATE of 18%. The Seller may place a hold on or cancel, any further shipments to Purchaser until all past due amounts are paid. All prices are subject to increase on any shipments not made within 30 days following the date hereof All applicable taxes must be added to the prices indicated. Shipping dates are not guaranteed. The Seller shall be excused from liability for all delays caused by Acts of God, fires, floods, strikes, work stoppages, accidents, allocations, or other controls or regulations of federal, state or local government, shortages of railroad cars:, trucks, fuels, materials or labor, or any other cause or condition beyond the Seller’s control. Title to the Seller’s material passes to Purchaser upon payment thereof in full. The Seller may, at its option, repossess any of its material, which has not been paid for as provided herein, in which case the return freight charges shall be deducted from any credits due to the Purchaser.

All specifications: technical information and/’ or recommendations regarding the Seller’s material are based upon Lest* or observations, which the Seller believes to be correct. However, the accuracy, reliability and completeness thereof are not guaranteed. The Purchaser shall inspect the Seller’s material within a reasonable time (but no later than 30 days) after delivery. If Seller’s material is defective or fails to meet specifications, it shall not be placed into fabrication or farther manufacture and the Seller shall be given immediate written notification thereof. All claims of any kind by the Purchaser must be made within 30 days after delivery of the Seller’s material and prior to its being placed into fabrication or further manufacture.

The Seller’s only obligation shall be to reprocess or replace any material which is defective or fails to meet specifications. However, the Seller shall not be liable for reprocessing or replacing material, which the Purchaser has cut, formed or placed into fabrication or further manufacture. Before using, the Purchaser shall determine the suitability of the material for its intended use and the Purchaser assumes all risk and liability in connection therewith. Under no circumstances shall the Seller be liable for more than the sale price of the material. (fit is not reprocessed or replaced, and the Seller shall not be liable for any other or further injuries or damages claimed by the Purchaser to any other person or entity arising out of the use or inability to use the Seller’s material, including, but not limited to labor, expenses, loss of profits and consequential damages. No terms or conditions other than those stated herein and no agreements or understanding in any way modifying the terms and conditions herein shall be binding on the paliies unless made in writing by an authorized officer thereof.

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