Terms and Conditions

Terms and Conditions of MST Steel Corporation Sales Acknowledgment

1. ENTIRE AGREEMENT - the terms and conditions of this sales acknowledgment constitute the entire contract between the Buyer and the Seller. No change, modification, extension, renewal, ratification, recession, termination, notice of termination, discharge, abandonment, or waiver relating to this order shall be binding upon the Seller unless signed by the Seller’s authorized representative. No modification shall be effected by the acknowledgement or acceptance of the order on Buyer’s forms containing different terms and conditions.

2. DELIVERIES - Time of delivery is only of the essence of this order if agreed in writing. This order may be filled in a reasonable greater or lesser quantities. Seller may cancel this order or any unshipped portion without liability or wavier of any other rights and remedies. If, for any reason delivery cannot be made on this date shown in such order or shipping instructions, Seller shall notify Buyer’s Purchasing Department of any such delay and when the shipment can be made. Whenever Seller has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this order, Seller shall give notice thereof to Buyer.

3. REJECTIONS - All materials shall be received subject to Buyer’s inspection at the time of delivery. If any of the materials are found to be defective in material or workmanship, or otherwise not in conformity with this order at the time of delivery, Buyer shall have the right to reject and return such materials and such materials shall be replaced.

4. WARRANTY - Seller’s sole warranty is that all the material and work covered by this order will conform to the specifications, drawings, samples or any other description furnished or specified by Buyer. Seller specifically does not warrant that it will fit and sufficient for the purpose intended, or free form defects in workmanship and materials. Seller will not save harmless and defend Buyer, its subsidiaries, successors, customers and the users of its products against all demands, damages, judgments and actions due to failure of the above described material or any part thereof, in any manner whatsoever to comply with this contract.

5. INSOLVENCY - In the event of any proceedings by or against Buyer, voluntary, or involuntary, in bankruptcy or insolvency or for the appointment of a receiver of trustee or any assignee for the benefit of creditors, of the property of Seller, the Seller may without obligation cancel this contract forthwith.

6. LAW - The contract resulting from the acceptance of this order is to be construed according to the laws of the State of Michigan. Buyer certifies that it has complied with all of the provisions of all applicable federal, state and local laws and of all rules, regulations and orders issued in the manufacture or production and sale of the material.

7. COLLECTION – Late payments shall be subject to interest being charged of 1.5% on a monthly basis for all overdue balances. In addition, all fees and expenses, including attorney fees, shall be recoverable by Seller.


Terms and Conditions of MST Steel Corporation Purchase Order

1. ENTIRE AGREEMENT - the terms and conditions of this purchase order constitute the entire contract between the Buyer and the Seller. No change, modification, extension, renewal, ratification, recession, termination, notice of termination, discharge, abandonment, or waiver relating to this order shall be binding upon the Buyer unless signed by the Buyer’s authorized representative. No modification shall be effected by the acknowledgement or acceptance of the purchase order on Seller’s forms containing different terms and conditions.

2. CHANGE IN SPECIFICATIONS - Buyer reserves the right at any time to make changes in drawings, designs and specifications as to any material and/or work covered by this order.

3. DELIVERIES - Time of delivery is of the essence of this order. This order must not be filled in greater quantities or at prices higher than shown. The Seller must conform to the Buyer’s special instructions regarding specific or mode of transportation. Buyer may cancel this order or any unshipped portion without liability or wavier of any other rights and remedies. If, for any reason delivery cannot be made on this date shown in such order or shipping instructions, Seller shall immediately notify Buyer’s Purchasing Department of any such delay and when the shipment can be made. Whenever Seller has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this order, Seller shall immediately give notice thereof, including all relevant information with respect thereto, to Buyer. Seller shall not assign the order in whole or in part without the written consent of the Buyer, nor shall the Seller assign any monies due or to become due to him hereunder without the previous written consent of the Buyer.

4. REJECTIONS - All materials shall be received subject to Buyer’s inspection. If any of the materials are found to be defective in material or workmanship, or otherwise not in conformity with this order, Buyer, in addition to any other rights which it may have under warranties or otherwise, shall have the right to reject and return such materials at Seller’s expense, such materials not to be replaced without written authorization from Buyer. Seller shall reimburse Buyer for all shipping charges incurred by Buyer on all rejected materials.

5. WARRANTY - Notwithstanding inspection and receipt by the buyer of all material and work furnished under this order, the Seller expressly warrants that all the material and work covered by this order will conform to the specifications, drawings, samples or any other description furnished or specified by Buyer, and will fit and sufficient for the purpose intended, and free form defects in workmanship and materials. Seller shall save harmless and defend Buyer, its subsidiaries, successors, customers and the users of its products against all demands, damages, judgments and actions due to failure of the above described material or any part thereof, in any manner whatsoever to comply with this contract.

6. PATENT, COPYRIGHT AND TRADEMARK INDEMNITY - In consideration of the purchaser of the materials described herein, Seller agrees to save harmless, indemnify, protect and defend Buyer and customers and the users of its products against all suits at law or in equity, and all claims, demands, damages and judgments arising out of or due to actual or alleged infringement of any patent, copyright or trademark, together with all expenses incurred by Buyer in connection therewith by reason of the sale or use of all materials or products purchased expect those specifically designed by the Buyer.

7. INSOLVENCY - In the event of any proceedings by or against Seller, voluntary, or involuntary, in bankruptcy or insolvency or for the appointment of a receiver of trustee or any assignee for the benefit of creditors, of the property of Seller, the Buyer may without obligation cancel this contract forthwith.

8. LAW - The contract resulting from the acceptance of this order is to be construed according to the laws of the State of Michigan. Seller certifies that it has complied with all of the provisions of all applicable federal, state and local laws and of all rules, regulations and orders issued in the manufacture or production and sale of the material.

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