NOTE:  If you do not agree with these terms and conditions, please call 1-866-WEIRTON before submitting a bid.

1. PRICES - Seller's published prices, extras and payment terms are subject to change without notice and those in effect at time of shipment shall apply. Shipments shall at all times be subject to approval of Seller's credit department. Seller reserves the right to divide an order into separate shipments and invoice such shipments separately, in which case each shipment shall be deemed a separate contract and payment therefor shall be due in accordance with these terms. If Buyer fails to comply with terms of payment, Seller may at its option suspend production and defer further shipments under the order for which payment is due and under any other orders of Buyer, revise its terms of payment, or cancel the unshipped balance. Seller further reserves the right before making any shipments to require from Buyer satisfactory security for performance of Buyer's obligations.

2. TAXES, DUTIES, DRAWBACKS - Any taxes or duties which Seller may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption or transportation of the goods, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of Buyer and may be added to the price. Buyer shall promptly pay the amount thereof to Seller upon demand. Buyer shall execute and deliver to Seller any documents and do anything else reasonably required to enable Seller to obtain any and all duty drawbacks or refunds which may be payable as the result of any imports by Seller and export of the goods sold hereunder, before or after further processing, or of any articles fabricated therefrom.

3. SHIPMENT - Title and all risk of loss or damage to the goods passes to and is assumed by Buyer F.O.B. Seller's mill. Buyer is responsible for filing timely and proper claims against carriers in the event goods are lost or damaged in transit. Buyer's requested shipping dates stated herein are informational only and of no legal force and effect. Seller's shipment aim stated herein is approximate and subject to reasonable production scheduling changes made after the date of this Acknowledgment. Seller will use reasonable efforts to comply with Buyer's requests as to method of transportation, but Seller reserves the right, if such method of transportation is not available or is otherwise not reasonably satisfactory to Seller, to use an alternate method of transportation, whether or not at a higher rate. Seller reserves the right to ship loads of any quantity without charge to Seller. Charges for spotting, switching, handling, storage, other accessorial services and demurrage shall be for Buyer's account.

4. LIMITED WARRANTY AND LIMITS OF LIABILITY - The sole and exclusive warranty which Seller makes with respect to the goods described and specified herein is that they shall be manufactured in accordance with Seller's standard manufacturing practices, subject to mill tolerances and variations consistent with standard manufacturing practices with respect to dimension, weight, straightness, section, composition, chemistry and mechanical properties; to normal variations in surface and internal conditions and in equality; to deviations from tolerances and variations consistent with practical testing and inspection methods; and to standard mill practice on over and under shipments; goods so manufactured and shipped are deemed free from all defects and deficiencies and can give rise to no claim by Buyer. NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. Seller's warranty is conditioned upon proper handling, use and storage of the goods and upon Buyer making a written claim for breach of warranty within the time limits prescribed in clause 5, below. Seller warrants title to the goods, but does not warrant against infringement of any kind.

Buyer's exclusive remedy for claims arising from defective or nonconforming goods shall be limited to replacement thereof or refund of a portion of the purchase price therefore, at Seller's option. SELLER SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR EXPENSES, WHETHER DIRECT, INCIDENTAL OR CONSEQUENTIAL, CAUSED BY OR RESULTING FROM THE USE OF DEFECTIVE OR NONCONFORMING GOODS OR FROM DELAY IN DELIVERING GOODS OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES. SELLER'S TOTAL LIABILITY, WHETHER ARISING FROM OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, INCLUDING SELLER'S NEGLIGENCE, STRICT LIABILITY, INDEMNITY OR ANY OTHER CAUSE OR BASIS WHATSOEVER, IS EXPRESSLY LIMITED TO THE PURCHASE PRICE OF THE GOODS INVOLVED.

5. CLAIMS - CLAIMS for errors, shortages, defective goods and any other claims of Buyer relating to the goods MUST BE MADE IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE GOODS and must refer to the date and number of the invoice. Seller must have a reasonable opportunity to investigate all claims. No allegedly defective goods may be returned to Seller without Seller's prior written consent.

6. FORCE MAJEURE - Seller will not be responsible for delays or deficiencies in production or shipment or defective goods caused in whole or in part by: acts of God, wars, riots, fires, explosions, breakdowns or accidents; strikes, lockouts or other labor difficulties; lack or shortages of labor, materials, utilities, energy sources, or transportation facilities; delays of carriers; compliance with governmental rules, regulations, priorities, allocations or other governmental requirements; any other like causes, or any other unlike causes beyond Seller's control. The foregoing shall be in addition to and not in limitation of any excuses for nonperformance available to Seller under the Uniform Commercial Code or any other applicable law. In the event Seller is excused from performance under any of the foregoing provisions or applicable law, Seller shall have the further right, notwithstanding any provision of the contract to the contrary, at its option, to either allocate its available goods between itself and its affiliated corporations and its customers in such manner as Seller may consider equitable, or cancel the remainder of the Contract.

7. INSPECTION - Where mail inspection is authorized by Seller, Buyer's inspector shall be deemed the agent of Buyer with authority to waive specified tests and details of test procedure and to accept goods as conforming to the contract with respect to all characteristics of such goods for which such inspection is made.

8. CANCELLATION - Accepted orders cannot be cancelled, in whole or in part, without Seller's written consent. In the event Buyer requests cancellation of orders for products which have been manufactured in whole or in part, such cancellation shall be at Seller's option and subject to charges determined by Seller.

9. GOVERNMENTAL REQUIREMENTS - Any provisions required to be included in a contract of this type by any applicable federal, state or local law or ordinance or governmental rule, regulation, order, or other governmental requirement shall be deemed to be incorporated herein.

10. WAIVER OF INVALIDITY - Waiver by Seller or Buyer of any provision or of the breach of any provision shall not be construed as a waiver, of any other provision or of any other breach of that provision or of any other provision. The invalidity of any provision shall not affect the validity of the remaining provisions or of the contract as a whole.

11. APPLICABLE LAW AND JURISDICTION - Buyer and Seller agree that interpretation of and performance under these contract terms and conditions, as well as all other aspects of the transaction contemplated by these terms and conditions, shall be governed by the laws of the State of West Virginia, including the Uniform Commercial Code; that any action at law, suit in equity or other judicial proceeding with respect thereto may be brought and maintained in the federal and state courts of record situate in the State of West Virginia; and that the mailing to the last known address of the respective parties of any process by registered mail shall constitute lawful and valid service of process.

12. NO OTHER TERMS - No terms or conditions, other than those stated herein, and no agreement or understanding, oral or written, in any way purporting to modify these terms or conditions, whether contained in Buyer's purchase or shipping release forms, or elsewhere, shall be binding on Seller unless hereafter made in writing and signed by Seller's authorized representative. All proposals, negotiations and representations, if any, made prior hereto or concurrently herewith are merged herein. The captions to the foregoing clauses are informational only and of no legal force and effect.

International Steel Group Weirton, 400 Three Springs Drive, Weirton, WV 26062, 304-797-2000
http://www.intlsteel.com