CLAIMS AND CREDITS: BG Metal Sales LLC is not responsible for shortages or errors unless written claims are made to BG Metal Sales LLC within five (5) days of customer's receipt of the goods. In any event, claims of shortages or damage should be noted immediately upon receipt of the goods on the bill of lading or delivery ticket. If there is a shortage or the goods have been damaged in transit, a notation to that effect must be made upon customer's receipt on the carrier's bill of lading or delivery ticket (receipt). Damaged goods should not be unloaded until they have been thoroughly inspected and all damages noted on the delivery ticket or bill of lading. If customer requests that the goods be shipped via common carriers whose charges do not include insurance, BG Metal Sales LLC will not insure the goods unless specifically instructed to do so. All charges relating to insurance of goods will be made to the customer's account and are due and payable upon receipt of BG Metal Sales LLCs invoice unless they are billed directly to you by the insurance carrier.

RETURNS: No goods shall be accepted for return without the prior written authorization of BG Metal Sales LLC. There will be a twenty five percent (25%) restocking charge on all returned goods accepted BG Metal Sales LLC. No returns will be accepted after thirty (30) days from the date of delivery to you, our customer. Goods which have been processed may, not be returned.

DELAY IN DELIVERY: BG Metal Sales LLC assumes no responsibility for failure to ship on a particular date, and when an order is placed for shipment on a specific date, if, for any reason, customer will not accept the ordered goods if shipment is made earlier or later than the date specified, BG Metal Sales LLC must be notified to that effect in writing when the order is placed, All orders are accepted subject to strikes, riots, wars, labor troubles, floods, fires, accidents, delays, contingencies of transportation, governmental acts, orders and regulations, and any other causes beyond the control of BG Metal Sales LLC, and if any such cause prevents or interferes with the delivery of the goods ordered, customer shall accept as full and complete fulfillment of the order the portion of the goods covered by the order which BG Metal Sales LLC is able under the circumstances to procure and deliver in accordance with the order; and a time for delivery shall be extended for such time as shall be reasonably required.

SUSPENSION OF PERFORMANCE: If you, our customer, fail to: pay any amount owing to BG Metal Sales LLC or, if in BG Metal Sales LLCs judgement there is reasonable doubt concerning your financial responsibility, BG Metal Sales LLC may suspend performance or terminate this contract without liability and without prejudice to other remedies, as to further delivery and work, and no forbearance or course of dealing affects this right of BG Metal Sales LLC. Notwithstanding any previous shipment on credit BG Metal Sales LLC may, at any time, demand, payment on delivery, require payment in advance or upon tender of shipping documents.

RIGHT OF RESALE: If you, our customer, breach or repudiate a provision of this contract or fail to comply with this contract, BG Metal Sales LLC may resell the goods which have not already been delivered to you, together with any goods reclaimed by BG Metal Sales LLC or to which BG Metal Sales LLC may agree to accept return. The sale may be public or private, wholesale or retail, and BG Metal Sales LLC may hold more than one (1) sale. In addition, you, our customer, shall pay BG Metal Sales LLC the amount by which the price established in this contract exceeds the amount received from the public or private sale, together with all incidental damages occasioned by your default you, our customer, and BG Metal Sales LLC agree that at five (5) days' written notice of resale at public sale or private sale which BG Metal Sales LLC conducts as a result of your default is reasonable notice to you of the sale.

VERBAL ORDERS: BG Metal Sales LLC telephone desks are maintained and, staffed for immediate service. No orders will be shipped until written confirmation from you is received such orders must be considered as accurate as recorded by BG Metal Sales LLCs inside sales personnel. To avoid duplication of verbal orders please mark confirming orders prominently and clearly "confirmation". Otherwise, duplications will result, and the charges involved will be at your expense. Acceptance of all verbal orders is expressly limited to, these terms and conditions as stated herein.

CHANGES OR CANCELLATIONS: Should you, our customer, find it necessary to change the specifications of your order while work is in progress, BG Metal Sales LLC will make every effort to accommodate you. However, it will be necessary for BG Metal Sales LLC to charge you, our customer, and you agree to pay for any services, labor, or material which are discarded or unusable because of such changes requested by you. Should you, our customer, for any reason, desire to cancel an order, you agree to reimburse BG Metal Sales LLC for any and all costs and expenses which BG Metal Sales LLC may have incurred as a result of its performance under the order, prior to your notification of cancellation. You also agree to pay for any material which has been cut or fabricated to your order and which is unusable. BG Metal Sales LLC agrees to credit you with the value of the scrap value of the material which is discarded.

INDEMNIFICATION: Customer shall indemnify, defend, and hold BG Metal Sales LLC, its officers; and agents harmless from and against all loss, liability, cost, damage, or expense whatsoever incident to any claim, action, or proceeding against BG Metal Sales LLC (i) arising out of (a) the negligent design of goods furnished per you, our customer's, specifications, (b) installation, (c) maintenance, (d) use, (e) fabrication, and (f) operation of the goods by you, our customer or on your behalf, or, (ii) based on the allegation that any of the goods or any part thereof sold hereunder pursuant to your customer's design or specification infringe any patents applied for or issued as of the date of this order.

ATTORNEYS' FEES: In the event it becomes necessary for BG Metal Sales LLC to, retain legal counsel or to utilize its in house counsel to implement collection procedures, or to undertake litigation, or to otherwise protect BG Metal Sales LLC 's rights under the contract, or to defend itself against claims, which are your responsibility you, our customer, shall pay BG Metal Sales LLC a reasonable sum for the attorneys' fees and related costs, whether or not such litigation proceeds to final judgment.

WAIVER: No waiver of any breach or default of yours, under, these terms and conditions operates as a waiver of any future default, whether of a like or different character except as otherwise provided in these terms and conditions.

SEVERABILITY: If any provision of these terms and conditions as applied to any party or, to any circumstance shall be found by a court to be void, invalid, or unenforceable, it shall not affect any other provision of these terms and conditions, the application of any such provision in any other, circumstance, or the validity of enforceability of these terms and conditions.

ENTIRE AGREEMENT: The terms and conditions set forth here constitute the entire agreement between BG Metal Sales LLC and our customer, the parties, relating to the sale of the goods, and this agreement prevails over any and all terms contained in your, our customers, purchase order or acknowledgements unless explicitly stated to the contrary in a writing executed by both you and BG Metal Sales LLC. This agreement cannot be modified except by a writing signed by both of us.