General Terms and Conditions of Sale

Terms
The term ASC shall mean American Steel Carports, Inc. The term Buyer shall mean the
customer listed on the front page of the written Agreement.Governing Law

This instrument contains the entire agreement between the parties and no statement, promise, or inducement made by any party hereto, or agent representative, or employee of either party hereto, which is not contained in this written Agreement shall be valid or binding. There are no representations, warranties, agreements, or promises pertaining to the products or installation not expressly included herein. Customer is not relying on any statements or representations of any agent of ASC or any oral representation. This Agreement may not be enlarged, modified, or altered except in writing signed by the parties. This agreement is perform-able in Johnson County, Texas and the laws of Texas shall apply to the interpretation of this Agreement. This Agreement shall be construed as though jointly drafted by both parties. Venue for any disputes between the parties shall be Johnson County, Texas to the exclusion of any other permissible venue and the parties stipulate to a transfer of venue should any dispute be brought in any other venue. There are no other agreements and/or representations not embodied in this agreement, the same being specifically denied.THE BUYER AGREES AND STIPULATES THAT ANY DISPUTE ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY TO JOHNSON COUNTY, TEXAS TO THE EXCLUSION OF ANY OTHER PERMISSIBLE VENUE. THIS IS A MATERIAL INDUCEMENT FOR ASC TO PROVIDE GOODS AND SERVICES TO BUYER AND ASC WOULD NOT AGREE TO DO SO WITHOUT THIS PROVISION. In the event any provision of this Agreement is determined invalid, the remainder of the Agreement shall remain in full force and effect and the invalid provision shall be revised by a competent court to as near as drafted to correct the invalidity.

Integration of Terms and Conditions
This Agreement is subject to the terms and conditions maintained in ACS’ purchase order contract and those terms and conditions are incorporated herein as though set forth in their entirety. The additional terms and conditions may be found in the contract signed at time of purchase.

Recovery of Attorneyʼs Fees
ACS is entitled to recover its collection and litigation costs, including attorneys’ fees, in the event of a dispute regarding this Agreement.

Prices, Payment and Risk of Loss

• Prices contained in ASCʼs published price lists, if any, are subject to change without notice. Prices in individual written quotations or proposals are firm only for a period of thirty (30) days from the date of the quotation after which Buyer should inquire of Seller as to their validity and request a written confirmation or revision. Prices do not include taxes and Buyer shall pay all applicable sales or other taxes levied with respect to Goods (and replacements) in the Agreement, unless exempt therefrom. Buyer shall pay all government fees levied on the installation and inspection of the Goods. Buyer shall pay upon receipt all invoices rendered by ASC.
• This Agreement is for the delivery and erection of fabricated metal structures and the Goods shall be delivered F.O.B. the Buyerʼs place of delivery. Risk of loss passes to the Buyer upon tender of the Goods to the buyer. ASCʼs breach of the Agreement shall not affect the passing of the risk of loss to Buyer notwithstanding any provision of law to the contrary. It is Buyerʼs responsibility to ensure that the building/carport is insured at Buyer’s expense.
• ASC may unilaterally increase prices to cover increased costs (plus reasonable overhead and profit) of design, materials, and manufacturing required by changes requested by Buyer after the date of any quotation.
• All amounts not paid to ASC when due shall incur interest of 10% per annum or the maximum allowed by applicable state law, whichever is lower.
• All amounts due on installation or other event which requires the action or cooperation of Buyer which Buyer fails to supply timely shall become due upon such failure.
• If payment is made by check and the check is returned NSF, Buyer will be responsible for additional expenses incurred by ASC as a result of the returned check and costs of collection, including a $35 service charge.
• The price on this order is valid for 21 days and ASC reserves the right to cancel the order if, after 21 days, the costs of materials increases by $50.00 or more.
• The quoted price in this form does not include any extra tasks or requests by the customer. Any such additional tasks or requests will require a separate quotation and approval by American Steel Carports, Inc. This is a requirement, and if not approved by ASC, such a task will not be under the responsibilities of ASC.