SOUTHERN ALUMINUM FINISHING CO. TOLL FINISHING WARRANTY TERMS AND CONDITIONS OF SALE
TOLL FINISHING PRICES, CONTRACT AND DELIVERY
Toll Finishing prices are subject to change without notice unless otherwise stated in writing. Stenographic or clerical errors are subject to correction. Any customs, sales use, excise or other transactional tax or charges imposed upon the sale, shipment or use of the materials shall be paid by the buyer. We will not be liable for nondelivery of goods or delay in the performance of orders or contracts or in the delivery shipment of goods, or for any damages suffered by buyer by reason of such nondelivery or delay when such nondelivery or delay is directly or indirectly caused by or in any manner arises from acts of God, casualties of wars, shortage of materials or suppliers or interruption or delay in the delivery thereof, plant breakdown or disability or interruptions for any cause whatsoever, strikes or other labor disturbances, delays or interruption in transportation facilities, requirements or regulations or policies of any government, or any other disabling causes or contingencies or any condition causing delays in our plant or otherwise affecting our production which is reasonably beyond our control. The materials are sold for delivery at buyer’s expense. All prices are F.O.B. seller’s factory.
The term of payment are subject at all times to our approval and in case of doubt arising as to Customer’s financial responsibility, production may be stopped, and shipments may be suspended or sent draft attached to negotiable or other bill of lading, until satisfactory assurance of Customer’s responsibility is received. Invoices for material delivered under this order are payable only to our office in Atlanta, GA. If the invoice is not paid when due, the outstanding balance shall bear interest at the rate of 1.5% per month or the highest interest rate allowed by law from the date when due. If legal process is necessary to enforce this indebtedness then the customer agrees to pay all reasonable attorney’s fees necessary to enforce the indebtedness. Orders paid by credit card more than five days after the original invoice date will be subject to a 3% surcharge to reimburse SAF for the cost of the transaction. Orders placed with us cannot be canceled or countermanded without our consent.
We do not count Customer’s metal until we begin the Toll Finishing processes of the metal. We reserve the right to revise our acknowledgment if we do not receive all items listed, because quantity frequently governs the price.
TOLL FINISHING WARRANTY
All goods sold hereunder are warranted to be free from defects in material and workmanship, and this express warranty is in lieu of and EXCLUDES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED BY OPERATION OF LAW OR OTHERWISE. Defective material may be returned to us after inspection by our representative and upon receipt of definite shipping instructions for us. Goods returned will be replaced or repaired by us without charge, but we shall not be liable for loss, damage, or expense directly, or indirectly arising from the use of the material or from any other cause, our liability being expressly limited to the replacement or repair of defective material. Seller’s liability shall not exceed the purchase price of the goods. All claims for shortage and damage shall be waived unless buyer notifies seller of the same within ten days after receipt of the materials to which the claim relates. In no event shall seller have any liability for any such claim unless seller verifies that shortages represent a difference between the quantity shipped and the quantity determined by an inspection by a representative. Every claim on account of defective material, workmanship, non‑conformity, or for any other cause shall be deemed waived by Customer unless made in writing within sixty (60) days from the date of the receipt by the customer of goods to which such claim relates. If the Customer’s metal is damaged in the finishing process our liability shall be limited to the repair of fabrication but in no case to exceed $0.50 per pound unless a higher valuation is declared by the customer on purchase order and agreed to by us. Such excess valuation shall be cause for adjustment of any quoted price which we may have made.
ENTIRE AGREEMENT-MODIFICATION-GOVERNING LAW
These conditions of sale and any other written contract executed by seller, under which this sale is made, constitute the full understanding of the parties and a complete and exclusive statement of the terms of the agreement. No modification or waiver of such agreement shall be of any force or effect unless made in writing and signed by an authorized officer of seller. Seller accepts buyer’s order for material on the express condition that buyer assent to any different or additional terms contained herein. If seller does not receive buyer’s assent and seller nevertheless delivers the material, such delivery constitutes seller’s counter-offer to sell the material to buyer on these terms and conditions only. Acceptance of seller’s counter-offer is limited to its terms and may be made by buyer in any reasonable manner, including execution of a packing list, or accepting, using or paying for the material. This contract shall be governed by and construed in accordance with the laws of Georgia.
EXCEPT AS SET FORTH IN THIS ENTIRE WARRANTY, SOUTHERN ALUMINUM FINISHING COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL SAF BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE OF ANY KIND OR NATURE.
No provision hereof and no breach of any provision shall be deemed waived by reason of any previous waiver of such provision or of any breach thereof. Our failure to object to provisions contained in any communication from customer shall not be deemed a waiver of the provisions of our acknowledgment of order.