All orders and sales accepted by Alton Steel Inc are made subject to the following terms and conditions. All orders are accepted only at our General Office at Alton, Illinois, and shall be construed under and governed by the law of the State of Illinois.

1. Except as otherwise agreed in a writing signed by the Buyer and Alton Steel, these terms and conditions constitute the entire agreement between Alton Steel and the Buyer relating to the sale of goods by Alton Steel.  Terms and conditions contained in any document issued by the Buyer that in any manner purport to alter, modify, change, suspend, or add to any term or condition herein shall be deemed excluded from such Buyer document and waived by Buyer.  Alton Steel and the Buyer agree that Alton Steel may modify these terms and conditions from time to time, and such notifications shall be binding upon the Buyer.
2. All base prices, and related extras, are subject to prices in effect for the acknowledged shipping week.  Prices, quotations, shipments and deliveries are f.o.b. Alton Steel of the seller, or where specified by the seller, f.o.b. point of processing at f.o.b. destination.  Except as otherwise agreed, delivered prices are computed by adding to the f.o.b. price transportation costs from the f.o.b. point to destination.  Title to and risk of loss or damage of goods ordered shall pass to buyer at f.o.b. point.
3. Delivery dates are approximate, Alton Steel shall not be responsible for non-shipment of goods or delays in delivery or performance due to cause beyond reasonable control, but not limited to, acts of God; acts of Buyer; strikes or other labor disturbances, material increases in the cost of fuel, raw materials, delay in transportation; repair to equipment, fires, or accidents.  Acceptance of goods upon delivery shall constitute a waiver by the Buyer of any claim for damages on account of non-shipment or delay.  Alton Steel reserves the right to ship any material or grade item after it has been ready for thirty (30) days or more.
4. Claims respecting the condition of goods, compliance with specifications or any matter affecting the goods must be made promptly by the Buyer but in no event later than ninety (90) days after receipt of the goods by Buyer.  The Buyer should set aside, protect, and hold such goods without further processing until an Alton Steel Representative has an opportunity to inspect such goods and advise Buyer of disposition, if any, to be made of such goods.  No goods, in any event, shall be returned without first securing the authority of Alton Steel. No allowance will be made to the Buyer for storage of materials or the labor involved in the movement of rejected goods from the plant of the Buyer or Buyer’s processor or Buyer’s storage facility.
5. In no event shall Alton Steel have any liability for damages in an amount exceeding the purchase price of the goods sold hereunder, nor shall Alton Steel have any liability for incidental or consequential damages.
6. If, in Alton Steel’s opinion, the Buyers credit becomes impaired, Alton Steel may suspend performance until such time as Alton Steel has received full payment for any goods already delivered or in process and is satisfied as to the Buyer’s credit for future deliveries.  If Alton Steel suspends an order and later proceeds with such order, Alton Steel shall be entitled to such extension of time for performance as is necessitated by the suspension.
7. The Buyer cannot cancel or modify purchase orders or hold up releases after the steel is melted or in process, except with Alton Steel’s consent.  Any such action shall be subject to condition then to be agreed upon.  This shall include protection of Alton Steel against loss.
8. Unless otherwise indicated, payment terms 1% 10 net 30 days from the date of invoice.  In the event the Buyer fails to make payment of any amounts due and owing Alton Steel, Alton Steel shall have the right to terminate any Buyer order.  Alton Steel has the right to retain and attorney to collect the balance due, and the Buyer agrees to pay all collection costs incurred by Alton Steel, including its reasonable attorneys’ fees.
9. Alton Steel reserves the right to enforce these terms and conditions at any time and none shall be deemed waived unless a waiver is signed in writing by an Alton Steel employee.  All rights and remedies are granted herein are in addition to all remedies available at law or in equity.