In the event Buyer's Purchase Order states terms additional to or different from these Terms & Conditions of Sale, then Seller's acknowledgment in accordance with the terms hereof shall be deemed a notification of objection to such additional and/or different terms, or, in the event such Purchase Order expressly limits acceptance to its terms, then Seller's acknowledgement in accordance with the terms hereof shall be deemed a rejection of Buyer's offer to purchase.
IN ANY EVENT, SELLER'S ACKNOWLEDGEMENT SHALL CONSTITUTE AN OFFER TO SELL, WHICH MAY BE ACCEPTED ONLY IN ACCORDANCE WITH ITS TERMS AND WITHOUT MODIFICATION, ADDITION OR ALTERATION. THE FAILURE OF BUYER TO DELIVER NOTIFICATION OF OBJECTION OF THESE TERMS & CONDITIONS OF SALE WITHIN A REASONABLE TIME SHALL BE DEEMED AN ACCEPTANCE THEREOF AND A CONTRACT SHALL BE FORMED ONLY UPON SUCH TERMS & CONDITIONS OF SALE.

PRICES
The prices at which this order is accepted are the Seller's prices in effect at time of shipment.
a. Prices, shipment and deliveries, unless otherwise specifically stated hereon, are f.o.b. our mill or warehouse. Except where delivered prices are quoted, all transportation and other related charges from the mill to destination shall be for the account of the Buyer and any loss or damage in transit is for Buyer's account.
b. In cases where job-site truck delivery is called for, such delivery shall be construed to mean as close to the desired unloading or storage areas as is practicable for motor trucks and trailers operating under their own power. If transportation charges from point of origin of the shipment to a designated point are included in the prices herein named or heretofore quoted –
a. Any changes in such transportation charges shall be for the account of Buyer.
b. Except as otherwise stated in the Seller's quotation, the Seller shall not be responsible for switching, spotting, handling, storage, demurrage or any other transportation or accessorial service, nor for any charges incurred therefore, unless such charges are included in the applicable tariff freight rate from shipping point to the designated point.
Seller may at any time, require payment in advance, or satisfactory security or guaranty that invoices will be promptly paid when due. If Buyer fails to comply with any terms of payment, Seller reserves the right to withhold further deliveries or terminate the agreement of sale without notice, and any unpaid amount shall thereupon become due.

TAXES
Prices specified herein do not include sales, excise, or other taxes payable on account of this transaction, and all taxes now in effect and hereafter levied which are applicable to this transaction are in addition to such prices and shall be paid by Buyer.

DELAYS
This order is accepted subject to any applicable federal allocations, priorities, restrictions or regulations in effect now or imposed prior to actual shipment. We shall not be liable for any delay in manufacture or delivery caused by strike, lockouts, labor difficulty, fire, machinery and equipment breakdown, act of God or any other event outside our reasonable control.

WARRANTY
Seller warrants that the materials described herein shall conform to Seller's standard practice, tolerance and variations as to weight, length, size and/or quantity for a period of six months following the date of shipment ("Warranty Period"). This warranty is invalid if material isn't properly maintained in the event that the material furnished hereunder should fail to conform in any respect to the foregoing warranty during the Warranty Period, such material shall be replaced by Seller at the original specified point of delivery and Seller shall furnish Buyer with instructions for the disposition of the non-conforming material. Any transportation charges involved in the disposition of such materials in accordance with Seller's instructions shall be for the Seller's account. The foregoing shall constitute the sole remedy for Buyer and the sole liability for Seller with respect to Buyer's receipt, use and/or return of non-conforming material under this order. In no event shall Seller be liable for the cost of any labor, material or services expended on or in connection with any non-conforming material nor for any direct or indirect damage, whether to Buyer or third parties, by reason of such non-conforming materials. This express warranty is in lieu of all other warranties, guaranties, promises, affirmations, or representations, express or implied which would be deemed applicable to the product to be supplied hereunder.
NO EXPRESS OR IMPLIED WARRANTIES, WHETHER OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR USE OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN SHALL APPLY. SELLER SHALL NOT BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES.

CREDIT APPROVAL
Shipment and deliveries shall at all times be subject to the approval of Seller's Credit Department and in case the Seller shall have any doubt as to Buyer's responsibility or ability to pay, or in the event Buyer shall fail to make payment as due on this or any other contract between Buyer and Seller, the Seller may defer further shipment until such payments are made or, at its option, cancel the unshipped balance.

TERMS OF PAYMENT
Subject to the provisions of the above section entitled "Credit Approval", payment shall be made by Buyer in accordance with the terms of discount 10, net 30 days, with the time period to be counted from date of invoice. Cash discounts shall not be allowed on any transportation charges included on invoices. A service charge will be assessed on all past due accounts. Any dispute or claim arising out of this contract, or from a breach of this contract, which results in the taking of legal action, the prevailing party shall be entitled to all costs, disbursements, and expenses, including reasonable attorney fees incurred by the prevailing party.

NON-WAIVER BY SELLER
Waiver by the Seller of a breach of any of these terms and conditions shall not be construed as a waiver of any other breach.

CANCELLATION
Orders cannot be cancelled or modified nor deliveries held up or delayed by the Buyer after the steel is melted or in process except with the Seller's consent and then only on the modifications agreed to in writing by Seller including the protection of Seller against loss.

GOVERNING LAW
The laws of the State of California shall govern the validity, interpretation and enforcement hereof.

EQUAL EMPLOYMENT OPPORTUNITY
In the event this Sales Order is issued pursuant to a U.S. Government Contract, the Equal Opportunity clauses set for the in Section 60-1.4(a) or (b), as applicable, of the Rules and Regulations of the Office of Federal Contract Compliance, Department of Labor, adopted pursuant to Section 202 of Executive order 11246 is incorporated herein by this reference.