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 “Supplier”). 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 goods described on the PO. Supplier assumes any and all risk of loss during shipment. Time is of the essence of this agreement as it relates to tender of the goods by Supplier. InMetal reserves the right to reject any tender of goods which fails to comply with the delivery dates specified on the PO. Delivery dates stated are the dates when goods must be received, not dates when the goods must be shipped. InMetal reserves the right to reject any tender of goods which, in inMetal’s judgment, are inadequate or insufficient in any respect.

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

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