CONDITIONS OF SALE

For the mutual protection of our customers and ourselves, the following conditions are made a part of each and every transaction with our Company for the purchase or sale of castings.

QUOTATIONS

Unless otherwise agreed, quotations must be accepted in writing within thirty (30) days from the date of quotation. Acceptance of this quotation by an order shall constitute an acknowledgement of the quotation as written. Any orders with conditions which vary from the condition of sale, specified by this quotation, will not be considered binding upon us unless such changes are agreed to by us in writing.

PATTERNS AND EQUIPMENT

Customer supplied patterns are to be in condition to make castings of quality and quantity required. Correctness of patterns and core boxes to blue prints rests with the customer. All freight, drayage, boxing and crating charges on patterns, both to and from Calhoun Foundry shall be assumed by customer. Patterns not in use for a period of six (6) months shall be subject to storage charges.

Patterns and core boxes to be furnished by customer, special jigs, fixtures, and similar devices. when required, are also to be furnished by customer.

All patterns and core boxes must be approved by Calhoun Foundry Company, Inc. Engineering Department.

We are not responsible for loss of or damage to patterns by fire or other events beyond our control, including acts of God.

TERMS

All castings are sold as rough castings, f.o.b. Homer, Michigan.

Terms – thirty (30) days net from date of invoice, unless otherwise stated.

All amounts due after thirty (30) days will bear interest at 1-1/2% per month of the unpaid balance.

To the prices and terms quoted, add any manufacturers or sales tax payable under any effective statute.

DELIVERY

The best judgment of Calhoun Foundry will be used routing shipments unless detailed instructions are given. Deliveries are subject to quantity variation of plus or minus 10% of the quantity ordered same to be paid for at the contract price per unit.

Calhoun Foundry Company, Inc. shall not be liable in damages for any failure or inability to live up to this contract during any period of fire, labor disruptions, accidents or any other events beyond our control, including acts of God.

CANCELLATIONS

Cancellation of orders are to be made only by mutual consent.

All costs incurred due to cancellations or changes will be charged to the customer.

REJECTED CASTINGS

Calhoun Foundry Company, Inc. is responsible only to the extent of replacing castings rejected due to foundry defects, and such castings must be reported or returned to the maker within ninety (90) days after shipment. Calhoun Foundry Company, Inc. is not responsible for labor charges. loss or damage caused by defective castings.

There are no other warranties, including warranties of fitness of use, other than that expressed in the foregoing paragraph.

Calhoun Foundry Company, Inc. is not responsible for any consequential damages caused by defects in the product produced pursuant to this quotation.

CLAIMS

Claims for error in weight or number must be made within ten (10) days after receipt of castings. Receipt from Transportation Company constitutes delivery.

PATENTS

The customer for the articles or materials identified in this quotation. by the placing of the order, covenants that it is not aware of any infringement or alleged Infringement of patent by the manufacture, use or sale of such articles or materials, and that it will defend and hold Calhoun Foundry Company, Inc. harmless from any liability, including expenses of defense, for any claim asserted against Calhoun Foundry Company, Inc. alleging such Infringement.

Calhoun Foundry Co., Inc. Capabilities