HM Craig Metal and Supply Co.

Terms and Conditions of Sale

1.       Terms.  Buyer's purchase of goods, equipment or parts (collectively, "Goods") from HM Craig Metal and Supply Co. (“HM Craig”) will be governed solely by these Terms and Conditions of Sale and the terms in any written quotation, written order confirmation or other document HM Craig provides to Buyer regarding the prices or specifications for the Goods (collectively, "Terms").  No term of any purchase order or other document Buyer issues, other than Buyer's acceptance of the Terms, will become a part of the agreement between the parties or bind HM Craig.  HM Craig's sale of the Goods is expressly conditioned on Buyer's acceptance of the Terms, and HM Craig objects to all different and additional terms in Buyer's purchase order and other documents.  The purchase price of the Goods is specified in the Terms and will be due and payable 30 days after the date of HM Craig’s invoice.  The purchase price does not include any sales, use, revenue, excise or other taxes or governmental charges, all of which Buyer will pay or for which it will be responsible.  Unless HM Craig agrees in writing to pay the delivery charges, all prices are net of any delivery charges, all of which Buyer will pay.

2.       Warranty.  HM Craig warrants to Buyer that at the time of delivery, Goods that HM Craig manufactures will comply with all specifications expressly stated in the Terms.  Buyer's sole and exclusive remedy with respect to Goods HM Craig manufactures will be for HM Craig to repair or replace, at HM Craig’s sole discretion, any such Goods that do not comply with this warranty, if Buyer reports the problem to HM Craig in writing within one year after the Goods are delivered.  HM Craig makes no warranties as to any Goods it does not manufacture, all of which HM Craig sells AS IS, but HM Craig hereby assigns to Buyer all manufacturer’s warranties HM Craig receives with respect to such Goods.

3.       DISCLAIMERS; LIMITATIONS.  EXCEPT AS EXPRESSLY SET FORTH IN THE TERMS, HM CRAIG DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND AS TO THE GOODS, EXPRESS AND IMPLIED, INCLUDING ALL REPRESENTATIONS AND WARRANTIES AS TO MERCHANTABILITY, THE FITNESS OF THE GOODS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, THE SUITABILITY OF THE GOODS FOR BUYER'S PURPOSES, THE DESIGN OF THE GOODS, OR THE IMPACT OF THE GOODS ON BUYER'S OPERATIONS. HM Craig makes no warranties or guarantees regarding the production or performance Buyer or any other person or entity may obtain from the Goods.  HM CRAIG WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST REVENUES AND PROFITS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.  The Terms contain Buyer's sole and exclusive remedies relating to the Terms, a breach of the Terms or the Goods, regardless of the theory of recovery.

4.   Default.  All amounts Buyer does not pay as and when due will accrue interest at the rate of 1.5% per month until paid in full.  If Buyer defaults under its obligations to HM Craig, Buyer will pay HM Craig all of its costs of collection, including reasonable attorneys' fees and expenses.

5.   General.  The Terms contain the entire agreement of the parties relating to the Goods and supersede all previous and contemporaneous agreements, understandings, usages of trade, and courses of dealing, whether written or oral.  The Terms may be modified only by a written agreement, signed by both parties, expressly modifying the Terms.