Legalese

Copyright Declaration

Copyright (c) Main Steel Polishing Company, Inc. All rights reserved. Reproduction in whole or in part in any form or medium without express written permission of Main Steel Polishing Company, Inc. is prohibited. Main Steel and the Main Steel logo are trademarks of Main Steel Polishing Company, Inc.

Main Steel Polishing Company, Inc. - Limited Warranty Information

I. Limited Warranty:
(a) Main Steel warrants to Customer that upon the date of shipment of Customer's Product from Main Steel's plant, such Product will be free of defects with respect to Main Steel's workmanship on that Product. Main Steel will process Product as specified by Customer. Commercial standards will apply (1) except as hereinafter provided, or (2) unless Main Steel has received, reviewed and acknowledged in writing acceptance of Customer's own specified tolerances and standards.

(b) In the event of any nonconformity with the foregoing, Main Steel's sole responsibility shall be, at its sole option and expense (including the expense of freight): (1) to rework the Product to remove any defects in Main Steel's workmanship, or (2) to pay to customer the replacement cost of the Product, without interest, upon Customer's transfer of title to the Product to Main Steel.

(c) "Replacement cost" shall mean the lower of Customer's cost of the Product or the Product's fair market value on the date Customer submits its written warranty claim to Main Steel. All warranty claims must be in writing and submitted by Customer to Main Steel's plant manager not later than 180 calendar days from the date that the Product was first shipped from Main Steel's plant ("Warranty Term").

II. Limitation of Warranty:

The warranty given under paragraph I shall not apply:

(a) if Customer does not present a claim for breach of warranty by the end of the Warranty Term,

(b) if Customer is in default of any of its obligations to Main Steel, including payment of any amount due hereunder or otherwise,

(c) (1) if the Product is a secondary Product (i.e. Product that does not have written mill certification as "Prime"), (2) if the polished stainless Product is a 25 gauge or lighter Product, or (3) to bottom side polish on any stainless sheet or plate Product as all three of the foregoing are run by Main Steel on a "best efforts" basis and Customer agrees to accept same "AS IS,"

(d) if the Product is aluminum and Customer does not order it to be processed within 72 hours of its delivery to Main Steel's plant or is found to be water stained after the date it is shipped from Main Steel's plant,

(e) if the yield loss does not exceed at least 3% of the incoming coil weight, or

(f) if more than 10% of the coil has been processed by customer without authorization from Main Steel.

III. Disclaimer of Warranties and Limitation of Losses:

THE WARRANTY SET FORTH IN PARAGRAPH I (AS LIMITED BY PARAGRAPH II) IS IN LIEU OF ALL OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED AND/OR STATUTORY, AND ALL SUCH OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. IN NO EVENT SHALL MAIN STEEL BE LIABLE FOR LOSS OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH I.