East River Metals, Inc. and Custom Manufacturing Services, Inc. Terms and Conditions of Sale

Terms & Conditions

East River Metals, Inc. and Custom Manufacturing Services, Inc. Terms and Conditions of Sale

1. GENERAL. (a) These terms and conditions and those in that may be included in our Quotation or on the face hereof contain the entire agreement between the parties in connection with the products sold to Buyer (the Products”). (b) Acceptance of our quotation and issuance of a purchase order, or delivery of or payment for Products shall be conclusive evidence of Buyers agreement to these terms and conditions (the Contract”). (c) References to Products, where applicable, include their packaging (d) No prior or subsequent document, purchase order, or conduct of or from Buyer shall modify the Contract, except for any agreement reduced to writing and properly signed by authorized representatives of the parties. In the event that such written agreement expires, these terms and conditions replace any other agreement and/or terms and conditions.

2. DELIVERY. Unless otherwise agreed upon in writing by Seller: (a) Shipping and delivery dates are given in good faith, but are not guaranteed. (b) Buyer is responsible for all costs relating to failure to accept Product delivery. (c) Delivery will be made F.O.B. point of shipping. (d) All risk of loss shall pass to Buyer upon delivery of the Products by Seller to a carrier. (e) Method of transportation will be selected by Seller. (f) Seller reserves the right to ship collect. (g) Sellers receipt from the carrier shall be conclusive evidence of delivery, (h) any special packaging requirements will incur an additional charge. (i) Weight or quantity stated on Sellers carriers receipt shall be conclusive evidence of the amount delivered. (j) Except as provided in Sections 3(b) and 7(a), each delivery shall be a separate contract. (k) Partial deliveries are permitted. (l) Failure to make any particular delivery shall not affect remaining de