STANDARD TERMS

Concast Metal Products Co.
Standard Terms & Conditions of Sale

The Standard Terms & Conditions of Sale set forth below shall apply to all quotations 天天斗牛offers made by 天天斗牛purchase orders accepted by Concast Metal Products Company.

ANY DIFFERENT OR ADDITIONAL TERM, WHETHER OR NOT MATERIAL, PROPOSED BY THE BUYER IN ANY PURCHASE ORDER OR OTHERWISE IS HEREBY OBJECTED TO. THIS IS NOT AN ACCEPTANCE OF ANY PRIOR OFFER, NOR IS IT A CONFIRMATION OF ANY PRIOR ORAL DISCUSSION. Concast Metal Products Company. herein referred to as the “Company,” will sell to the Buyer the products described in its product quotation, subject, however, to the following terms 天天斗牛conditions:

1. ACCEPTANCE: Acceptance by the Company of the Buyer’s order is expressly conditioned upon Buyer’s agreement to all of the terms 天天斗牛conditions set forth herein 天天斗牛any inconsistent or additional terms contained in the Buyer’s purchase order, purchase contract or other document are hereby rejected. The terms 天天斗牛conditions contained herein shall not be modified other than in a single writing executed by the Buyer 天天斗牛the Company. Such terms 天天斗牛conditions constitute the entire agreement between the Company 天天斗牛the Buyer with respect to the subject matter contained herein 天天斗牛supersedes all prior oral or written representations 天天斗牛agreements.

2. PRICES AND TAXES: The prices quoted by the Company are subject to change without notice due to metal price fluctuations. Unless otherwise stated in the Company’s sales quotation, prices quoted are F.O.B., the Company’s facility, State Route 113 Birmingham, Ohio. The amount of any local, State or Federal tax levied on the products referred to herein shall be added to the amount paid by 天天斗牛remain the sole responsibility of the Buyer. The Company reserves the right to revise payment terms if at any time the Company, acting in its sole discretion, deems the credit worthiness of the Buyer to be in question. The Buyer shall pay, to the extent permitted by law, all reasonable costs 天天斗牛expenses, including attorney fees 天天斗牛costs incurred by the Company in connection with any collection action for payment of the amounts due herein. If the products covered hereby are to be delivered to the Buyer over a specified period of time following the order date, or if the Buyer orders a specific quantity or estimated quantity of products based on an estimated need, the Buyer shall accept shipment of 天天斗牛pay for all products stated or estimated in such order 天天斗牛such payment shall be made in accordance with this Section 2 above, 天天斗牛in any event, on or before the end of such specified period of time, if any.

3. PACKAGING: All products shipped in one-way containers (barrels, canisters, sacks, bags, cartons, etc.) shall become the property of the Buyer 天天斗牛shall not be returned to Company but properly disposed of by Buyer. All products shipped in returnable containers are the property of the Company 天天斗牛the Buyer shall return any such containers to the Company. Buyer shall be liable for the failure to return such containers. Goods in containers are invoiced at their net weight.

4. DELIVERY: Any dates or schedules which may be specified for the delivery of the products covered hereby have been stated only approximately 天天斗牛are estimated from the date of receipt of the Buyer’s order. The Company shall not incur any liability, either direct or indirect, nor shall any order be cancelled, because or as a result of any delays in meeting such dates or schedules. Company reserves the right to satisfy delivery of the products through partial delivery 天天斗牛part performance.

5. FORCE MAJEURE: The Company shall in no event be responsible or liable for any delays or failures in manufacture or delivery due to any cause or condition beyond the control of the Company, including, without limiting the generality of the foregoing, strikes or other labor difficulties, fire, floods, inability to secure transportation facilities, actions of the elements, shortage of materials or equipment, riots or other civil commotion, 天天斗牛war.

6. PRODUCT SELECTION AND SUITABILITY: The Company shall not be responsible for how the products are used or installed 天天斗牛the product’s conformance with applicable Federal, state, local or foreign laws, rules, regulations, 天天斗牛ordinances. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF THE BUYER’S IMPROPER SELECTION, MISAPPLICATION OR MISUSE OF A PRODUCT.

7. LIMITED WARRANTY: The Company will repair or replace, at its discretion, any of the products which fail to meet the applicable specifications within ninety (90) days from date of shipment upon return of the same at the Buyer’s expense, provided that the Company’s warranty shall extend only to the original purchaser from the Company, provided further the Buyer notifies the Company in writing within thirty (30) days after the Buyer is aware of any such defect, 天天斗牛provided, finally, that the Company shall in no event be responsible for the cost of labor or other charges incurred by the Buyer in returning any of the products to the Company for replacement. No returns shall be made without prior written consent of the Company. The Company shall not be liable for repair or replacement under this paragraph for any product defect resulting from the misuse, improper selection or misapplication of the product.

8. MANUFACTURER WARRANTY: The products or components of the products sold by the Company may be warranted to the Buyer by a third party manufacturer. The Company is not responsible or obligated to enforce the warranties extended by such manufacturer to the Buyer, but will use commercially reasonable efforts to assist the Buyer in obtaining or verifying any such warranty information. The Company may distribute literature or sales materials of the manufacturer, but assumes no responsibility for the content of such literature or materials.

9. EXCLUSION OF OTHER WARRANTIES: EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WHICH APPLY TO THE 天天斗牛下载 AND THE COMPANY HEREBY DISCLAIMS SAME. NO WARRANTIES OR REPRESENTATIONS AT ANY TIME MADE BY ANY REPRESENTATIVE OF THE COMPANY SHALL BE EFFECTIVE TO VARY OR EXPAND THE ABOVE-REFERENCED EXPRESS WARRANTY OR OTHER TERMS HEREOF.

10. LIABILITY LIMITATION: In no event shall the Company be liable to the Buyer or to any third party for consequential, incidental, special or other damages of any kind resulting from or in any manner related to the products, their design, use, or any inability to use the same, including, without limitation, damages arising out of or in any manner relating to the delivery of the products or any delay with respect to their delivery, it being understood that the sole 天天斗牛exclusive remedy of the Buyer or any third party shall be the replacement or repair of defective products pursuant to the “LIMITED WARRANTY” provision hereinabove contained. IN NO EVENT SHALL THE MEASURE OF DAMAGES EXCEED THE PURCHASE PRICE ACTUALLY PAID BY THE BUYER FOR THE 天天斗牛下载. Should the products prove so defective, however, as to preclude the remedying of warranted defects by repair or replacement, the Buyer’s sole 天天斗牛exclusive remedy shall be the refund of the actual purchase price paid by Buyer to the Company upon return of the products to the Company.

11. CANCELLATION OR CHANGES OF ORDERS: No orders may be withdrawn or cancelled by the Buyer, nor may they be deferred when ready, unless the Company shall first be paid a cancellation or deferral charge of a reasonable amount acceptable to the Company. In the event the Buyer shall request reasonable changes in its order after receipt thereof by the Company, the Buyer shall be responsible for all charges reasonably assessed by the Company with respect to such changes. In no event shall the Buyer request unreasonable changes with respect to any of the terms of any order, including but not limited to changes with respect to quantity 天天斗牛delivery dates. The reasonableness of a requested change shall be solely determined by the Company using its reasonable discretion.

12. RETURN OF 天天斗牛下载: The Buyer may return any allowed product in the original package 天天斗牛in a non-objectionable condition only with the Company’s prior written consent.

13. NO PROTECTION FROM CLAIM OF INFRINGEMENT: The Company makes no representation or warranty that the delivery or subsequent use of the products ordered shall be free of the claim of any third party by way of infringement.

14. SECURITY INTEREST: The Buyer grants to the Company a purchase money security interest in the products covered hereby 天天斗牛any proceeds thereof resulting from the resale of the products until full payment is received, with respect to any sales on open account. The Buyer hereby authorizes the Company to file any 天天斗牛all documents to establish 天天斗牛maintain such security interest.

15. APPLICABLE LAW:
(a) The terms 天天斗牛conditions applicable to any sale of Goods by the Company shall be determined 天天斗牛construed in accordance with, 天天斗牛shall be governed by, the laws of the State of Pennsylvania, excluding its conflict of law principles, 天天斗牛Buyer 天天斗牛the Company agree to submit to the exclusive jurisdiction of the appropriate state or federal court located within Pennsylvania for purpose of resolving any dispute or claim arising in connection with said transaction(s).
(b) In the event Buyer is an entity formed under the laws of a jurisdiction other than any State of the United States of America, Pennsylvania law shall still govern any sale of Goods to such Buyer, excluding its conflict of law principles, 天天斗牛all disputes arising under any such sale shall be finally settled under the Rules of Arbitration of the International Chambers of Commerce instead of submitting to the exclusive jurisdiction of the appropriate state or federal court within Pennsylvania. The place of arbitration shall be Mars, Pennsylvania. The language to be used in the arbitral proceeding shall be English. The arbitration panel shall consist of three arbitrators, one arbitrator to be appointed by the Company, one arbitrator to be appointed by Buyer 天天斗牛the third arbitrator to be appointed in accordance with the Rules of the International Chambers of Commerce. Arbitration awards rendered shall be final 天天斗牛binding 天天斗牛shall not be subject to any form of appeal. The losing party, as determined by arbitrators, shall pay all reasonable out-of-pocket expenses (including, without limitation, reasonable attorneys’ fees) incurred by the prevailing party, as determined by the arbitrators, in connection with any dispute unless the arbitrators direct otherwise. Nothing shall preclude either party from seeking interim or permanent equitable or injunctive relief, or both, from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the parties to pursue any remedy for monetary damages through the arbitration described in this section. The Company 天天斗牛Buyer hereby expressly exclude applicability of United Nations Convention on Contracts for the International Sale of Goods if the same would otherwise apply hereto.

16. MISCELLANEOUS: These terms 天天斗牛conditions contain the entire agreement 天天斗牛understanding of the parties 天天斗牛merge 天天斗牛supersede all prior discussions, agreements 天天斗牛understandings of every nature between the parties covering the products. These terms 天天斗牛conditions shall not be amended except in a writing signed by both parties. Failure, delay, or any partial exercise by either party of any right, power, or privilege available to such party hereunder shall not operate as a waiver, or preclude further exercise by such party of any other right, power, or privilege. If any provision or any portion of these terms 天天斗牛conditions are construed to be illegal, invalid or unenforceable, such provision or portion thereof shall be deemed stricken 天天斗牛deleted from these terms 天天斗牛conditions to the same extent 天天斗牛effect as if it were never incorporated herein, but all other provisions of these terms 天天斗牛conditions 天天斗牛the remaining portion of any provision that is construed to be illegal, invalid or unenforceable in part shall continue in full force 天天斗牛effect. The obligations 天天斗牛rights of the parties with respect to an order of products hereunder shall not be delegated or assigned by either party without the prior written consent of the other party. Any notice or other documents to be given or delivered hereunder by any party to any other party shall be in writing 天天斗牛shall be delivered personally or sent by certified mail, postage prepaid return receipt requested, or by a nationally recognized overnight courier service, to the respective addresses set forth on the Company’s quotation. Each party is acting as an independent contractor 天天斗牛not as an agent, partner, or joint venture with the other party for any purpose. Neither party shall have any right, power, or authority to act or to create any obligation, express or implied, on behalf of the other party.

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