ALL ORDERS ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.

WARRANTY. RIGIDIZED METALS CORPORATION (“SELLER”) WARRANTS THAT THE METAL PRODUCTS MANUFACTURED AND SOLD BY IT ARE FREE FROM DEFECTS IN WORKMANSHIP AND MATERIAL.

LIMITATION OF WARRANTY. THE ABOVE WARRANTY IS SELLER’S ONLY WARRANTY. THERE ARE NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL OTHER EXPRESS AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE ARE HEREBY SPECIFICALLY DISCLAIMED.

EXCLUSIVE REMEDY. THE SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS, DAMAGE OR LIABLITY, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE IS LIMITED TO THE OBLIGATION OF SELLER TO REPAIR, REPLACE, OR, AT SELLER’S OPTION, TO ALLOW A CREDIT FOR THE PURCHASE PRICE OF, ANY PRODUCTS MANUFACTURED AND SOLD BY SELLER THAT ARE DEFECTIVE IN WORKMANSHIP OR MATERIAL. NO CLAIM SHALL BE ALLOWED FOR ANY DEFECTIVE PRODUCT IF BUYER HAS INSPECTED SUCH PRODUCT AT SELLER’S MILL PRIOR TO SHIPMENT. ANY CLAIM SHALL BE DEEMED WAIVED BY BUYER UNLESS MADE WITHIN FIVE (5) DAYS OF THE DATE OF RECEIPT OF THE PRODUCT ALLEGED TO BE DEFECTIVE. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY LOSS, DAMAGE, COSTS, EXPENSES, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE SALE, INSTALLATION OR USE OF ANY METAL PRODUCTS SOLD BY SELLER. NO STATEMENT OF ANY REPRESENTATIVE OF SELLER SHALL EXTEND SELLER’S LIABILITY AS HEREBY ESTABLISHED OR LIMITED.

REVOCATION OF BUYER’S CREDIT. SELLER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AT ANY TIME TO REVOKE ANY CREDIT EXTENDED TO BUYER. AFTER SUCH A REVOCATION OF CREDIT, SELLER SHALL NOT SHIP ANY PRODUCTS TO BUYER UNTIL PAYMENT ARRANGEMENTS SATISFACTORY TO SELLER HAVE BEEN MADE.

FORCE MAJEURE. SELLER SHALL NOT BE LIABLE FOR FAILURE TO DELIVER OR DELAY IN DELIVERY DUE TO CAUSES BEYOND SELLER’S CONTROL, INCLUDING, WITHOUT LIMITATION, STRIKES, LOCKOUTS, FIRES, INABLITY TO OBTAIN MATERIALS OR SHIPPING SPACE, BREAKDOWNS, DELAYS OF COURIERS OR SUPPLIERS, AND GOVERNMENTAL ACTS AND REGULATIONS.

DESIGN PATENTS. DESIGN PATENTS PENDING ON SELLER’S PRODUCTS PRECLUDE THE PURCHASE OR USE OF SUCH PRODUCTS FOR THE PURPOSE OF DUPLICATING THE PATTERNS THEREON.

NO CANCELLATION. BUYER SHALL NOT CANCEL ITS ORDER WITHOUT SELLER’S CONSENT.

WEIGHTS AND FOOTAGE. WEIGHTS AND LINEAR FOOTAGE OF PRODUCTS DESCRIBED IN ALL QUOTATIONS ARE ESTIMATED. ACTUAL WEIGHTS OR FOOTAGE MAY VARY IN ACCORDANCE WITH STANDARD INDUSTRY PRACTICES AND SELLER’S STANDARD SPECIFICATIONS.

PRICES. PRICES ON RAW MATERIALS DESCRIBED IN QUOTATIONS WILL BE ADJUSTED TO REFLECT PRICES IN EFFECT AT THE TIME OF SHIPMENT.

ACCEPTANCE, WITHDRAWAL, AND CORRECTION. SELLER RESERVES THE RIGHT TO WITHDRAW OR CORRECT QUOTATIONS AT ANY TIME PRIOR TO ACCEPTANCE. QUOTATIONS NOT ACCEPTED WITHIN 30 DAYS OF THE DATE GIVEN SHALL BE DEEMED WITHDRAWN.