Prc - Desoto International, INC.

3. Payment. Payment may be made by check, credit card or electronic funds transfer (EFT) denominated in USD. Where Seller has extended credit to Buyer, terms of payment shall be as specified in Seller’s order confirmation or invoice. Invoices will be issued upon shipment and payment shall be due in full within the credit terms so extended by Seller. Seller reserves the right to change credit terms or withdraw any credit extended to Buyer. Amounts not paid when due will bear interest from the invoice date at the rate of 1.5% per month (18% per annum) and a $200.00 late payment fee 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 standing of Buyer becomes unsatisfactory to Seller, advance cash payments or satisfactory security shall be given by Buyer upon demand by Seller. Failure of Buyer to pay any invoice for Products shipped shall constitute a breach permitting Seller to suspend all deliveries to Buyer, whether or not subject to the same order, until such breach is cured or to cancel all orders. Seller’s election to suspend deliveries shall not preclude it from subsequently cancelling an order.

“Payment” · 22 Barnes Industrial Road South · Wallingford, Connecticut 06492 · open the document (PDF)

6. Shipping and Delivery. All Products shall be shipped via a carrier in the manner described in the documents accompanying these Terms and Conditions and, unless otherwise expressly set forth therein, Buyer shall pay all incurred costs by Seller associated with shipping such Products, including, without limitation all insurance, freight, cartage, warehousing, and all other charges associated with loading and shipping the Products to Buyer. Risk of loss pass to Buyer when the Products are delivered to a carrier F.O.B Seller’s facility for sales requiring shipment of Products to a location in the U.S.A or ExWorks (per Incoterms) for sales requiring shipment of Products to a location outside of the U.S.A. Seller shall not be responsible for any damage, loss or expense resulting from any action or omission occurring during, or attributable to, transportation. Buyer will file claims with the carrier when there is evidence of shipping damage, either concealed or external. 22 Barnes Industrial Road South · Wallingford, Connecticut 06492 Corporate: (203) 294-4440 · Fax: (203) 294-7899 · Web: www.dexmet.com All shipping dates are estimates and are based on prompt receipt from the Buyer of all necessary information. If Seller cannot observe an agreed upon time for the delivery of the Products, or if delay appears probable, Seller shall promptly notify to that effect to Buyer, listing the time when Seller will deliver the Products. Seller reserves the right to make partial shipments an

“Shipping and Delivery” · 22 Barnes Industrial Road South · Wallingford, Connecticut 06492 · open the document (PDF)

2. Prices. All prices for the Products are Seller's prices in effect at the time of shipment or invoicing and are in US dollars (USD). Price quotations are valid for thirty (30) days unless otherwise noted by Seller. Pricing for undelivered Product may be increased in the event of an increase in Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control.

“Prices” · 22 Barnes Industrial Road South · Wallingford, Connecticut 06492 · open the document (PDF)

10. Limited Warranty. Statements regarding the nature and quality of the Products made in printed materials are binding only if expressly set forth in these Terms and Conditions. Samples of Products provided to Buyer are to be regarded as type samples and conformity of delivered Products with samples is not guaranteed. Seller expressly warrants that the Products will conform to the agreed upon descriptions and specifications, subject to the tolerances and variances established therein (the “Specifications”), for a period of five (5) years from the date of manufacture, provided that (i) the Products are stored in their original packaging and in accordance with storage requirements as communicated by Seller from time to time; and (ii) the Products are subject only to the usage for which they were intended if applicable. In the event any Product fails to comply with the foregoing limited warranty, Buyer must promptly (but no later than expiration of the applicable warranty period) provide Seller with written notice thereof. During the warranty period, Seller shall replace, repair or refund, at its sole option and expense, any Products or parts thereof that prove to be non-conforming to the Specifications, and return such repaired/replacement Products to Buyer, freight prepaid by Seller. In the event of any warranty claim, the new or repaired Products provided due to a warranty claim shall have the remaining warranty period of the original Product. The delivery of new or repaired

“Limited Warranty” · 22 Barnes Industrial Road South · Wallingford, Connecticut 06492 · open the document (PDF)

13. Cancellation. If Buyer cancels delivery of any Products, Buyer shall be subject to a cancellation fee determined appropriate by Seller based on the work performed and expenses incurred for such Products as of the date of cancellation. Complaints regarding non-conforming Products shall be made in writing, specifying the nature and extent of the defect or non-conformity in reasonable detail. If Buyer determines that it cannot accept receipt of the Products (in whole or in part), or if delay in acceptance appears probable, Buyer shall promptly give notice to Seller. In such event, Seller shall, at its option, have the right to (i) deliver the Products at the time set forth in the documents accompanying these Terms and Conditions, (ii) extend the date of delivery for a reasonable period, or (iii) cancel delivery. If Seller extends the period for delivery, Buyer shall remain liable to make all payments as if the Products in question had been delivered at the time originally specified, and Seller shall, as necessary, arrange for storage of the Products and insure the Products at Buyer's risk and expense. 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.

“Cancellation” · 22 Barnes Industrial Road South · Wallingford, Connecticut 06492 · open the document (PDF)