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Terms and Conditions of Sales - Clearance

  1. ACCEPTANCE: Placement of an order by the buyer constitutes assent to these terms.
  2. MATERIAL: All material listed for sale is sold on an 'as-is' basis.
  3. ANALYSIS: Heat numbers and certified ladle analysis and/or standard mechanical test results are supplied upon request at no charge to the customer.
  4. PRICES: Prices are those negotiated at the time of sale. Prices are for that item only and are not indicative of future pricing.
  5. CANCELLATIONS: Cancellations will be accepted with payment of a 30% restock charge together with inbound and outbound freight.
  6. REJECTIONS: The buyer's rejection of goods that are not as advertised or as certified must do so within 30 days of ship dte, after which all claims are waived. The buyer assumes all risk and liability for the results obtained by the use of any of the goods in manufacturing processes of buyer in combination with other goods or substances.
  7. FORCE MAJEURE: Seller is not responsible for any prohibition, failure, interruption or delay of manufacture of delivery which many be caused by factors beyond it's reasonable control, including, but not limited to acts of God, accidents, fires, floods, wars, sabotage, labor disputes, shortages, governmental laws, inability to obtain power, raw materials, equipment or transportation, and any other contingency.
  8. LIABILITY LIMIT: No claim of any kind, whether as to goods delivered or for non-delivery and whether or not based on negligence, can be greater in amount than the purchase price of the goods ordered. The seller may, at its option, reimburse the buyer for the purchase price upon return of the goods or replace repair the goods: in no event shall seller be liable for special, indirect, incidental or consequential damages whether or not caused by negligence. The remedies described in this paragraph shall be exclusive.
  9. FOB: Shipping point of seller's choice.
  10. FREIGHT: Collect via shipper of buyer's choice.
  11. WARRANTY: All material listed is sold in 'as-is' condition. Seller warrants that material delivered will be of as described on Clearance List and is certified by accompanying documentation. The buyer is responsible for bringing nonconforming material to the Seller within 30 days of ship date, after which all warranties are waived. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY IN OTHER RESPECTS THAN EXPRESSLY SET FORTH ABOVE AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
  12. APPLICABLE LAW: The rights and duties of Buyer and Seller under this contract are governed by Ohio Law.
  13. NUCLEAR APPLICATION EXCLUSION: The Buyer understands that no item listed for sale is intended for nuclear applications. The Seller waives all liability for product in the event the Buyer disregards this provision.