All correspondence, invoices, packages, packlists and shipping orders must reference the inMetal Purchase Order Number.

1. The terms below and those on the Purchase Order (“PO”) set forth the entire agreement between Industrial Metal Products Co., Inc. (“inMetal”) and the party whose name appears on the PO (the “Subcontractor”). No acceptance of this Purchase Order shall be effective which varies the terms hereof or proposes additional terms. Any such proposals shall be deemed to be rejected unless expressly approved by inMetal in writing.

2. InMetal reserves the right to specify delivery terms for the subcontracted services (“Services”) described on the PO. Subcontractor assumes any and all risk of loss during shipment. Time is of the essence of this agreement as it relates to tender of the Services by Subcontractor. Delivery dates stated are the dates when Services must be completed and parts received. InMetal reserves the right to reject any tender of Services which, in inMetal’s judgment, are inadequate or insufficient in any respect.

3. Acceptance of this Purchase Order constitutes a warranty that the Services sold by Subcontractor will be free from defects in material and workmanship, will be in conformity with inMetal’s specifications, drawings, etc., and that the Services sold by Subcontractor will be of a merchantable quality and fit for the use intended by inMetal. This warranty shall survive inspection, delivery and acceptance of the Services and the payment therefor. Such warranties shall be in addition to all other warranties provided by Subcontractor.

4. Subcontractor performance below 75% shall warrant corrective actions and or disqualification.