Terms of Service

CENTRAL TEXAS METAL ROOFING SUPPLY CO., INC. TERMS AND CONDITIONS OF SALE. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE ALL REFERENCES TO "CTMRS" ARE REFERRING TO CENTRAL TEXAS METAL ROOFING SUPPLY CO., INC.

1. Payments due CTMRS under the terms of this sale and any other money due CTMRS by Buyer shall be made payable to CTMRS. Payments may be accepted at the principal office in Austin, Travis County, Texas, at the manufacturing plant or by an Authorized Agent (Driver) of CTMRS. Proper ID will be required to accept payment by check. All returned checks will be subject to a processing fee. 2. This agreement is performable in Travis County, Texas. The parties hereto agree that venue shall be in Austin, Travis County, Texas for any and all claims or disputes arising out of all transactions between CTMRS and Buyer. 3. Buyer agrees that all payments with lien release language on the back of any check shall be sent only to the principal office of CTMRS in Austin, Travis County, Texas. Buyer agrees that any payment accepted through CTMRS by a driver or at the manufacturing plant with lien release language on the check does not bind CTMRS to the attempted release. CTMRS's agent, such as a driver or at the manufacturing plant, who accepts checks for CTMRS is authorized only to accept unconditional payments, and no action by this agent shall ever give rise to claim of any authority, apparent or otherwise, beyond that described in this paragraph. Acceptance of any conditional check, including any lien release language or otherwise at any location besides the CTMRS Austin office shall only be a partial release for those funds received, and never otherwise. This paragraph cannot be waived or modified except in writing in advance. 4. Unless specifically enumerated herein, the price does not include any taxes (including excise, privilege, occupation, use, sales, etc., Federal, state or local). 5. Any payments deferred after the due date as specified herein shall bear interest at the rate of eighteen percent (18%) per annum. If an invoice is placed in the hands of any attorney for collection, or if collected by any legal proceedings, Buyer agrees to pay CTMRS its reasonable attorney's fees and costs incurred in the collection of sums owed by Buyer to CTMRS on account of principal, interest, or other charges, which attorney's fees shall not be less than twenty percent (20%) of the total amount payable. 6. Buyer has and does by these presents grant to CTMRS and CTMRS has and does hereby retain a security interest in all parts and accessories described in and being purchased by buyer pursuant to this Agreement. The security interest herein granted by Buyer and retained CTMRS is to secure payment of the full purchase price and all other charges due and owing CTMRS by buyer under the terms of this sale. This security interest constitutes a "purchase money security interest" pursuant to the Uniform Commercial Code. This instrument is a contract, security agreement and financing statement between the parties hereto. 7. All materials sold hereunder are sale F.O.B. CTMRS plants. CTMRS reserves the right to approve the carrier on all C.O.D. shipments. 8. All orders are subject to approval and acceptance by CTMRS on its CTMRS Purchase Order Agreement (POA) form. The CTMRS POA is our interpretation of your order and is issued by CTMRS, incorporating by reference, all of the provisions contained herein and any conflicting provision of a purchase order issued by Buyer shall be of no force and effect. It shall be Buyer's responsibility to notify CTMRS immediately upon receipt of the CTMRS POA of any discrepancies. Buyer's signature on the CTMRS POA may be required before the order is released for production. 9. Buyer assumes responsibility of the accuracy of verbal orders unless written confirmation is received prior to fabrications. Confirming orders should be marked "Confirming Order - Do Not Duplicate". 10. CTMRS shall not be liable to Buyer or any other party for any direct or consequential damages including loss of use to Buyer arising out of delay in carrying out this contract due to force majeure conditions including, without limitation: fire, strike, act of God, war, insurrection, mob action, act of government, loss, damage or delay of materials, floods, storms, inability to obtain materials, or other acts of circumstances outside the control of CTMRS, whether or not similar to the foregoing. 11. Buyer may cancel an order by giving written notice to CTMRS. In the event of such cancellation, Buyer agrees to pay CTMRS all actual costs and damages incurred by CTMRS in preparing to perform the terms of the order and in performing the terms of the order prior to this receipt by CTMRS of such written notice, including but not limited to CTMRS expense of purchase of material, fabrication and overhead. 12. Buyer may arrange for pickup of order at CTMRS plant or shipment will be made by common carrier - "Freight Collect", unless other arrangements are previously made. 13. If at Buyer's request the delivery of materials is delayed, CTMRS shall invoice Buyer for the price of materials, which invoice shall be due in accordance with the terms of payment provided herein. 14. Buyer will reimburse CTMRS for the cost of storing materials if shipment is delayed by Buyer and will assume any damages to the materials caused by deterioration. 15. Unless specified herein in writing, CTMRS makes no warranties, express or implied, and CTMRS's liability shall be limited to the written warranties herein and as contained in CTMRS's Limitations On and Conditions of Guarantee and CTMRS shall not be liable for any direct or consequential damages including loss of use which buyer may suffer. 16. Failure to comply with these procedures relieves the manufacturer of responsibility for any resultant damage to or deterioration of the product and VOIDS ALL WARRANTIES. THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR IMPLIED WARRANTY FITNESS FOR PARTICULAR PURPOSE. 17. Damages and/or shortages must be reported within 24 hours of delivery or pick-up of material.

COLOR, SPANGLE, OR UNEVEN WEATHERING OF UNFINISHED PRODUCTS

1. Galvanized, Galvalume, Acrylume, and Paint Grip are unfinished products. The color or spangle may vary and is not a reason for rejection. To keep a uniform color, use of a painted product is recommended. 2. Paint Grip is intended to be painted. 3. Color differentials of Galvalume, Galvanized and Paint Grip, and uneven weathering is not warranted. 4. Considerations prior to ordering are the variations in Spangle Size, Reflectivity or Surface Roughness. 5. Non- uniform fading and color changes can and may occur, these variations are a natural occurrence produced during the steel manufacturing process, these conditions are not a reason for rejection. To guarantee a uniform color, a painted product is recommended.

UNLOADING DELIVERIES & LOADING RETURNS

1. CTMRS will only transport materials to job site. This does not include unloading materials. The customer is required to provide for unloading material with his/her own employees and/or equipment. 2. Once the material has arrived at the job site, CTMRS is no longer liable for the well being of the material. All undamaged returns must be kept clean and dry. 3. All returns must be preapproved by the Austin Office. A minimum 30% restocking fee may apply. 4. The customer is responsible for loading the approved return on transport. 5. Shipping fee is based on first hour at job site for delivery and/or approved return. Each additional hour will be billed at $75.00 per hour.

MATERIAL STORAGE

1. All orders MUST be picked up or delivered within five (5) days upon arrival to the CTMRS yard. CTMRS does not have the facilities outside to keep materials dry. After five (5) days, CTMRS is not responsible for wet materials or damage caused by such. Daily storage charge of $10 per day will be added after 10 days for storage. Materials must be PICKED UP OR DELIVERED AS SOON AS POSSIBLE. 2. Check to see that moisture has not formed inside the bundles during shipment. If moisture is present, panels should be wiped dry, then restacked and loosely covered so that air can circulate between the panels. 3. Do not store wet material in a stack - This may cause corrosion or damage to the panels.

TOLERANCES, VARIATIONS & LIMITATIONS

1. In addition to the other limitations contained herein, all products and descriptions are subject to the seller's standard practices and normal (tolerances) variations and limitations with respect to dimensions, weight, straightness and composition.

SAFETY PRECAUTIONS

Gloves should be worn to prevent injury while handling steel panels. Safety glasses should be worn to prevent eye injury when cutting or drilling steel panels with power tools. Use care when walking, sitting or kneeling on a steel roof to avoid a fall. Steel panels may become slippery when wet. Do not work on the steel panels when wet or when climatic conditions are not suitable for safe installation. CAUTION: Lubricants are used during the roll forming process - panels may be slippery.

WARRANTIES AND UL CERTIFICATIONS

1. Warranty requests must be completed at the time of the order. 2. UL Certification (for insurance discounts) must be requested with the original order so that CTMRS can label the panels during production. 3. Warranties and UL Certification will not be released until material payment has cleared.

OIL CANNING

1. Oil canning is inherent to roll formed products and shall not be cause for rejection of materials. 2. To help reduce oil canning use 24 gauge. Also use Striation, Stiffener Ribs or Embossing. 3. Flat surfaces will display slight waviness, commonly referred to as (Oil Canning). This phenomenon is caused by steel mill production tolerances and will not be accepted as cause for field rejection.

ACQ Treated Lumbar

Exposure of metal products and/or fasteners (panels, flashing, trim, soffit, coping, screws, and/or pop rivets), to direct contact with or moisture from ACQ treated lumbar voids all warranties expressed or implied. See our website at www.ctmrs.com or call your sales representative for additional information.

Revised 09/2004