Alleima Special Metals LLC

4. Shipping. All Goods shall be shipped via a carrier designated by Seller at Buyer's expense. Buyer shall pay all costs incurred by Seller in connection with shipping such Goods, including, without limitation all insurance, freight, cartage, warehousing, and all other charges in connection with loading and shipping the Goods to Buyer. All shipping dates are approximate and tentative, and are based on prompt receipt from the Buyer of all necessary information. Requests for proof of delivery must be made within 60 days of the date of shipment. If Buyer fails to accept delivery, Buyer shall nonetheless make payment to Seller. Claims for shortage, damage or non-delivery shall be made directly to carrier. Seller's responsibility ceases upon delivery to the carrier at the stated shipping point, and risk of loss, damage, injury or destruction to any of the Goods shall pass to Buyer upon such delivery to the carrier. In no event shall any loss, damage, injury or destruction operate in any manner to release Buyer from the obligation to make payments required herein. Seller reserves the right to make partial shipments and to submit invoices for partial shipments. Seller reserves the right to allocate available Goods among its customers in its discretion.

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2. Prices. Except as expressly set forth herein, all prices are F.O.B., Seller's shipping point, are exclusive of taxes and subject to correction for error. Prices are subject to change without notice, and the price involved will be the price in effect at the time of shipment. Price quotations are valid for 30 days unless otherwise noted by Seller. Any special contract pricing must be specified at the time the applicable order is placed (with reference to the applicable contract); no credit for contract pricing will be issued after acceptance of an order. Buyer shall pay each invoice within 30 days of the date of invoice. Buyer shall make all payments when due without offset, deduction or counterclaim regardless of any claim by Buyer. Amounts not paid when due will bear interest from the invoice date at the rate of 1.5% per month or the maximum rate allowed by law, whichever is less. Buyer shall pay to Seller all costs and expenses (including reasonable attorneys' fees) incurred in collecting any amounts due hereunder. If the financial responsibility of Buyer becomes impaired or unsatisfactory to Seller, advance cash payments or satisfactory security shall be given by Buyer upon demand by Seller, and shipments may be withheld until such payment or security is received.

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7. Limited Warranty. Seller warrants that the Goods will conform to Seller's published specifications therefor, or such other specifications as the parties may agree in writing, provided that the Goods are subjected to only the usage for which they were intended. The warranty shall commence on the date of shipment and continue for a period of 90 days. In the event that any Good fails to comply with the foregoing limited warranty, Buyer must promptly (but no later than expiration of the applicable warranty period) contact Seller to obtain a return materials authorization. Goods must be returned to Seller, freight prepaid by Buyer, for determination by Seller that such Goods are defective. Such Goods shall be accompanied by a written description of the circumstances under which the applicable Goods purportedly failed. Seller shall replace or repair, at its sole option and expense, any defective Goods for parts thereof that prove to be defective during the warranty period, and return such repaired/replacement Goods to Buyer, freight prepaid by Seller, or refund the purchase price paid therefor. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO BUYER. If Seller determines in its sole discretion that the defect is attributable to any cause other than poor workmanship or defective materials supplied by Seller, then Seller shall have no obligation whatsoever with respect to repair or replacement of the defective Goods. Seller shall return the Goods to Buyer, freight to be pa

“Limited Warranty” · ALLEIMA CORPORATION · open the document (PDF)

10. Cancellation. Any order for specially manufactured products, or altered or modified versions of standard products that is cancelled after such order is accepted by Seller shall be subject to a cancellation fee determined appropriate by Seller based on the work performed and expenses incurred as a result of such order.

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