All orders are accepted subject to prior sale and subject to our sales and credit terms and conditions only, and not to the terms and conditions appearing on buyer's purchase order or contract. Your agreement with our terms and conditions shall be conclusively evidenced by your acceptance of any shipment. Said terms and conditions are as follows:

Prices: All price quotations made by us or our agents are subject to change without notice. Prices in effect on date of shipment will prevail unless otherwise agreed to by us in writing.

Terms of Payment: If credit is approved by us, the full amount of the invoice is due 30 days from invoice date unless otherwise specified. A 1% discount for prompt payment is applicable if paid in full within'10 days of the invoice date. If payment in full is not received by the due date, a service charge shall run on the unpaid balance from the due date until payment in full is made. Annual percentage rate on this service charge is 18% (1-1/2% per month).

Delay in Delivery: We will endeavor to ship material within specified time, but this is not guaranteed. We will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for non-delivery, or for any damages suffered by Buyer by reason of such delays or non-delivery, when same is directly or indirectly, caused by, or in any manner arises from fires, floods, accidents, riots, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials or supplies, transportation delays, or any other cause or causes (whether or not similar in nature to any of these herein before specified) beyond our control. In no event shall we be liable for special or consequential damages.

Cancellations and Returns: Any request by Buyer for cancellation or alteration of an order, to be binding upon us, must be accepted by us in writing, and, at our option, will be subject to fair charges for expenses incurred and work executed by us or our suppliers up to the time of acceptance by us of such request.

Delivered materials returned to us will be accepted only if our prior written consent has been secured. Handling, inspection, restocking and invoicing charges will be assessed if applicable, plus any outgoing packing and freight expenditures paid by us. All returns allowed must be shipped to us prepaid and must be in excellent resale condition. Materials cut to Buyer's specifications are not returnable. No modification of, or addition to, or waiver of any of the above terms and conditions shall be effective unless agreed to in writing by an authorized Officer of seller. All claims must be made within five (5) working days after receipt of goods. If there is a return because of defects in the materials, PACIFIC METAL COMPANY has the right to cure such defects within a reasonable time.

Delivery: Except when delivery is made by us within our free delivery areas, or unless we otherwise specify, delivery will be made F.O.B. our warehouse, and title and risk of loss shall pass to Buyer at that point. We reserve the right to select means and route of shipment of order when specific instructions are not included in the order.

PACIFIC METAL COMPANY is an Equal Opportunity Employer. The terms of Office of Federal Contract Compliance Regulation, Title 41, Part 60-1.4(a) subparagraphs 1 through 7, are incorporated in transactions by reference.

PACIFIC METAL COMPANY does not extend any warranties concerning the material or equipment sold, beyond description. There are no express warranties. There are no implied warranties of merchantability or fitness for a particular purpose. The liability of the Company is limited to the replacement of, or refund for, defective material or equipment, at its option, if it is notified of the defect before the material or equipment is used, and this shall be-the sole and exclusive remedy of the buyer, whether in tort, contract, or otherwise. If any party to this agreement brings suit or action against another party arising out of this agreement, the losing party shall pay the prevailing party's costs and reasonable attorney's fees, at trial and on appeal.