TERMS & CONDITIONS

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TERMS & CONDITIONS OF SALE

THE FOLLOWING CONSTITUTE THE TERMS AND CONDITIONS OF SALE FOR ALL PRODUCTS MANUFACTURED, DISTRIBUTED AND/OR SOLD BY United Pipe & Steel, (SELLER). ACCEPTANCE OF SELLER’S OFFER TO SELL OR BUYER’S ORDER IS EXPRESSLY MADE CONDITIONAL ON BUYER’S ACCEPTANCE OF THE PROVISIONS STATED HEREIN. BUYER’S ACCEPTANCE OF EACH SHIPMENT OF GOODS SHALL BE DEEMED TO BE AN ACCEPTANCE OF THE PROVISIONS HEREOF NOTWITHSTANDING ANY ACT OF SELLER, INCLUDING SHIPMENT, ACCEPTANCE OF PAYMENTS, AND NOTWITHSTANDING ANY TERM OR CONDITION CONTAINED IN ANY FORM OF BUYER, AND ANY PROPOSAL FOR ADDITIONAL OR DIFFERENT TERMS OR ANY ATTEMPT BY BUYER TO VARY ANY OF THE PROVISIONS HEREIN IS HEREBY DEEMED A MATERIAL ALTERATION AND REJECTED. THE PROVISIONS HEREIN MAY NOT BE ADDED TO, MODIFIED, SUPERSEDED, OR ALTERED EXCEPT BY WRITTEN AGREEMENT OR MODIFICATION SIGNED BY AN OFFICER OF SELLER, NOTWITHSTANDING ANY TERMS WHICH MAY NOW OR IN THE FUTURE APPEAR ON BUYER’S FORMS OR COMMUNICATIONS, ALL OF WHICH ARE REJECTED WITHOUT FURTHER ACTION OF SELLER. NO PERSON (EXCEPT AN OFFICER OF SELLER) IS AUTHORIZED TO BIND SELLER TO ANY ORDER FOR ANY GOODS EXCEPT ACCORDING TO THE PROVISIONS HEREIN.

1. PRICING. All prices quoted are for the periods of time specifically stated in a written quotation and in all cases are subject to prior sale of the described goods. If no time is stated, then quotations and prices are subject to change without notice. Orders based on a quotation are not binding on SELLER until it is successfully converted to an order and an Order Acknowledgement document is provided to the BUYER. Prices do not include any taxes and any such taxes shall be invoiced as a separate item and paid by the BUYER. Each shipment and delivery shall be subject to the approval of SELLER Credit Department.

2. TIME AND DELIVERY. For those orders agreed in advance in writing by SELLER as ones that meet the free freight allowed minimum requirements, SELLER shall deliver the products to BUYER at BUYER designated receiving point. Title to the products shall pass from SELLER to BUYER when the products are delivered (but not yet unloaded) to BUYER designated receiving point. Risk of loss or damage to the products while in transit, with the exception of loss or damage incurred during the unloading of the products by BUYER at BUYER designated receiving point, shall be borne by SELLER until the products are delivered to the BUYER designated receiving point.

For such sales which do not meet the free freight allowed minimum requirements, unless otherwise agreed in advance in writing by SELLER, delivery of products hereunder shall be F.O.B. shipping point, with transportation expenses paid by BUYER unless standard SELLER freight prepayment qualifications are met and the risk of loss or damage to products in transit shall fall upon BUYER (whose responsibility it shall be to file claims with carrier at delivery to BUYER at BUYER premises) upon delivery.

(a) To BUYER designated representative, or in the case of common carrier, see (b)

(b) To a common carrier or other designated shipper (not including SELLER), whichever of the foregoing occurs

Earlier.

SELLER in its discretion shall select the appropriate transportation method and routing. All orders, unless otherwise agreed in writing, are for shipment at SELLER’s earliest convenience. Stated delivery dates are approximate and will be calculated from the date that SELLER has received all information necessary to permit SELLER to proceed with work immediately and without interruption. If any or all products are not delivered when ready due to the request of BUYER, SELLER reserves the right to invoice BUYER at any time thereafter and to place such products in storage with all risk of loss or damage borne by BUYER and with all expenses and costs attributable thereto for the account of BUYER, which shall be payable by BUYER upon submission of SELLER’s invoices to BUYER.

3. CONTINGENCIES. Contracts and shipments are subject to strikes, acts of God, accidents, machinery breakdown, delays of carriers or suppliers, governmental acts, or any other cause, similar or dissimilar, beyond SELLER reasonable control. SELLER may, during period of shortage however caused and without liability, prorate its goods among its customers in such manner as SELLER may deem fair and practicable.

4. CLAIMS AND RETURNS. Claims by BUYER must be made promptly upon delivery of shipments (which shall be deemed the invoice date) and SELLER given an opportunity to investigate. All claims are deemed waived and BUYER accepts such goods if objection is not made in writing within 72 hours after delivery. Written authorization must be obtained by BUYER from SELLER before SELLER can accept returned goods.

5. PAYMENT AND FINANCIAL CONDITION. Unless otherwise stated in writing from the SELLER, payment is due net thirty (30) days from invoice date receipt of payment from BUYER to SELLER. Retention is not allowed. If, in the judgment of SELLER, BUYER financial condition at the time of order placement or shipment does not justify the terms of payment specified, SELLER reserves the right to require payment or other adequate assurance of performance before order placement or shipment. SELLER reserves the right to suspend its performance until such payment or adequate assurance of performance has been received. SELLER may suspend shipment of any products whenever BUYER is in default under this or any other contract between SELLER and BUYER. Any costs incurred by SELLER as a result of suspending or interrupting performance shall be paid by BUYER. BUYER agrees to pay a service charge of 1½% per month (18% per annum) or the maximum lawful rate, whichever is less, on all past due amounts. In the event of legal action, BUYER agrees to pay SELLER attorney’s fees and costs of collection.

6. SPECIFICATIONS. SELLER may substitute goods on any order accepted by SELLER, provided such goods substantially conform to the descriptions herein. The goods to be sold hereunder are subject to standard manufacturing variations and tolerances. New goods are sold only with such warranty from SELLER supplier as may be assigned to Buyer by SELLER and SELLER makes no warranty thereon. Unless the SELLER has expressly agreed otherwise in writing, it is the Buyer’s responsibility to ensure that the Goods are the ones that it has requested and that all specifications and quantities are correct.

7. LIMITED WARRANTY. Subject to limitations on warranty and other claims set forth herein, SELLER liability on any claim for loss or Damage arising out of a contract, with BUYER or from BUYER Purchase Order pertaining to the alleged performance or breach of such contract, or connected with the supplying of any products, or their sale, resale, operation or use, shall not exceed the price allocable to such products or part thereof involved in the claim. SELLER SHALL NOT IN ANY EVENT BE LIABLE, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHER GROUNDS FOR LABOR CHARGES, IN AND OUT CHARGES, SPECIAL, CONSEQUENTIAL, INCIDENTAL, LIQUIDATED OR PENAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED PRODUCT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF BUYER’S CUSTOMERS, FOR SUCH DAMAGES.

8. IMPROPER ACT OF BUYER. BUYER shall indemnify, defend, and hold SELLER harmless from any claim, liability, damages, lawsuits, and costs (including attorneys’ fees), whether for personal injury, property damage or other, brought by or incurred by BUYER, BUYER employees, BUYER customers, or any other person, arising out of improper selection, application or use of products purchased from SELLER.

9. CANCELLATION AND RETURNED GOODS. Orders placed by BUYER may not be cancelled without SELLER prior written consent. The amount of credit, if any, allowed to BUYER for returned products shall be at the sole discretion of SELLER. In the event of cancellation without SELLER consent, SELLER shall be entitled to recover any and all damages suffered by SELLER.

10. DEFAULT. Buyer will be in default if;

(a) BUYER fails to pay SELLER any amount when due under this agreement,

(b) BUYER otherwise fails for a period of five days after receiving written notice from SELLER to fulfill or perform any provisions of this agreement,

(c) BUYER becomes insolvent or bankrupt, or a petition is filed voluntarily or involuntarily and not dismissed within 30 days of filing, or

(d) BUYER makes a general assignment for the benefit of its creditors, or a receiver is appointed, or a substantial part of BUYER assets are attached or seized under legal process and not released within 30 days thereafter.

Upon BUYER default, SELLER may, at its option, without prejudice to any of its other rights and remedies, and without demand for payments past due,

(a) Make shipments subject to receipt of cash in advance,

(b) Terminate this agreement and declare immediately due and payable the obligations of BUYER for goods previously shipped, notwithstanding any other provision in these terms and conditions,

(c) Demand reclamation, or

(d) Suspend any further deliveries until the default is corrected, without releasing BUYER from its obligations under this agreement. In any event, BUYER will remain liable for all loss and damage sustained by SELLER because of BUYER default.

11. OTHER.

(a) SELLER accepts no responsibility to BUYER or to any person claiming by or through BUYER, for compliance with any statute, governmental rule or regulation made applicable to this contract by reason of BUYER’s intended use of the products unless SELLER has received from BUYER prior timely written notification of such statute, rule or regulation and has accepted the same by a separate writing signed by an officer of SELLER.

(b) SELLER’s forbearance or failure to enforce any of these conditions as set forth herein or to exercise any right accruing from any default of BUYER shall not affect, impair or waive SELLER’s right if such default continues or if any subsequent default of BUYER occurs.

(c) The provisions herein constitute the entire agreement between BUYER and SELLER and no terms or conditions other than those stated herein and no agreement or understanding oral or written in any way purporting to modify these conditions shall be binding on SELLER unless hereafter made in writing and signed by an officer of SELLER. All orders are subject to acceptance at SELLER’s offices. This agreement shall be construed in accordance with the laws of Massachusetts and any disputes arising under these terms and conditions, and the orders to which they pertain, shall be brought exclusively in Essex County, Massachusetts

(d) The provisions of this agreement shall be considered severable. In the event that any of the provisions, or portions or applications thereof, of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, all remaining portions shall remain in full force and effect in accordance with the spirit of this agreement.

(e) The rights and obligations of BUYER and SELLER hereunder shall not be assigned to any third party without the prior written consent of the other party.

(f) Acceptance of the Goods sold hereunder shall constitute assent to these conditions and the SELLER hereby objects to and rejects any and all additional or different terms proposed by BUYER, whether contained in the Buyer’s purchasing or shipping release forms or elsewhere. All proposals, negotiations, and representations, if any, made prior and with reference hereto are merged herein, and any proposed additions, modifications, deletions, or changes not in separated writings signed by an officer of the SELLER are rejected without further action.

TERMS AND CONDITIONS OF PURCHASE

United Pipe & Steel Corp. (“Seller”) and the party purchasing goods and/or materials (“Customer”) hereby agree to the following Terms and Conditions of Sale (“Terms and Conditions”):

1. Customer’s Acceptance of Terms. These Terms and Conditions of Sale constitute the final and entire understanding and agreement between Seller and Customer relating to the goods and/or materials (“Products”) sold by Seller to Customer. Customer’s acceptance of the Products is expressly conditioned on Customer’s acceptance of these Terms and Conditions. Customer’s acceptance is limited to these Terms and Conditions, and no different, inconsistent and/or additional terms and conditions submitted by Customer in acknowledging or accepting these Terms and Conditions or in issuing any purchase orders, releases, shipping instructions or other documents in connection with the Products, whether prior or subsequent, shall modify or amend these Terms and Conditions or be valid or binding against Seller, unless specifically accepted by Seller in writing. In the event of any conflict, discrepancy or inconsistency between these Terms and Conditions and the terms and conditions contained in any document submitted by Customer, these Terms and Conditions shall govern even if Customer’s document expressly limits acceptance to Customer’s terms and conditions. No course or pattern of dealings or conduct between Seller and Customer and no usage of trade shall be relevant to determine the meaning or intent of these Terms and Conditions even though the accepting or acquiescing party has knowledge of the nature of the performance and an opportunity for objection.

2. Open Credit Account. Seller reserves the right in its sole discretion to approve, conditionally approve or disapprove any request by Customer for credit. The amount of credit Seller extends to Customer will be determined by Seller in its discretion and may vary from time to time. Customer shall notify Seller, in writing, of any error in any invoice within ten (10) days after the Customer’s receipt of such invoice, and, if no such notice from Customer is received by Seller, the invoice shall be deemed to be correct and payable as delivered to Customer.

3. Open Account Payment Terms. TIME FOR CUSTOMER’S PAYMENT OF THE PURCHASE PRICE FOR THE PRODUCTS SHALL BE OF THE ESSENCE. All sums owing Seller by Customer shall be paid in accordance with the provisions of Seller’s invoice or any written quotation issued by Seller and signed by Customer. In the absence of such express provisions, Seller’s terms will be net thirty (30) days from the date of invoice. All sums past due and owing to Seller shall bear interest at the rate of the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law from the invoice date until paid in full. All payments made by Customer to Seller shall be applied in the following priority: (a) first to the amounts, if any, due to Seller for attorneys’ fees and court costs, (b) second to the amounts, if any, due to Seller in the event of Customer’s default, (c) third to the amount, if any, of interest due to Seller as a result of Customer’s late payment and (d) finally to the balance of the purchase price due to Seller for the Products.

4. Customer’s Representations and Warranties. Upon Seller’s request from time to time, Customer will provide Seller with current financial information. Customer represents and warrants that any financial information provided to Seller will be true and correct in all material respects and shall fairly and accurately present the financial condition of Customer as of the date of such financial statements. Customer hereby authorizes Seller to review and evaluate Customer’s credit background from time to time.

5. Security Interest. To secure Customer’s full and prompt payment of the purchase price for the Products, Customer hereby grants to Seller a first priority, purchase money security interest in and to the Products and all products and proceeds therefrom. Customer authorizes Seller to file a UCC financing statement to perfect this security interest at any time.

6. Cancellation and Returns. Customer may not cancel any order of Products for Customer’s convenience without Seller’s prior written consent. Seller may, in its sole opinion, authorize Customer in writing to cancel Products normally carried in Seller’s inventory. Any cancellation so authorized shall be subject to a cancellation charge of 15% of the purchase price. Customer may not cancel any processed Products, specially manufactured Products, or Products not normally carried in Seller’s inventory.

7. Approval of Sale; Prior Sale. No sale shall be final until approved by the corporate office of Seller. All quotations for Products normally carried in Seller’s inventory are subject to prior sale, unless otherwise specified in writing by Seller. All quotations for specially manufactured Products and Products not normally carried in Seller’s inventory are subject to mill availability.

8. Price; Basis of Invoices. Seller’s price is subject to and contingent upon Customer purchasing the entire quantity of Products identified in Seller’s quotation. If Customer purchases less than the entire quantity of Products identified therein, prices may vary. Seller shall invoice all Products in accordance with Seller’s published schedule of weights, areas, sizes and lengths. All weights shall be theoretical and shall be determined in accordance with ASTM standards.

9. Force Majeure. Neither Customer nor Seller shall be liable for any delay, breach or non-performance of these Terms and Conditions (other than the payment of money) wholly or partly due to any cause beyond such party’s control (“Force Majeure”) including, without limitation, acts of God; war; civil disturbances; acts of any foreign, federal, state, local or other governmental authority; non-availability, delay or diversion of shipping or other transport; lock outs, strikes or trade disputes; break down or interruption of any plant, machinery, equipment or utilities; shortage, non-availability or allocation of raw materials or commodities; any combination of the foregoing, or any other cause outside of such party’s control whether similar to or different from those stated herein. On the happening of Force Majeure, the affected party shall advise the other party in writing with reasonable promptness and the affected party may suspend its performance during such Force Majeure without liability to the other party.

10. Title; Risk of Loss. All prices quoted by Seller are Ex Works Seller’s loading dock. Risk of loss shall pass to Customer at the time of delivery. Title shall pass to Customer upon loading on the transportation facility (i.e. truck or railcar), irrespective of any freight allowance, prepayment of freight or delivery terms.

11. Inspection; Claims. Customer shall carefully inspect all Products and shipping documents promptly upon delivery. No claim for shortages or Products damaged during delivery will be valid or enforceable against Seller unless (a) Customer notifies Seller in writing specifying in detail the shortage or damage within five (5) days from the date of delivery; (b) Customer returns the damaged Products to Seller within ten (10) days following delivery; (c) upon return, Seller confirms such damage; and (d) Customer has fulfilled all of the payment terms. Customer’s notice must be accompanied by the original freight bill, with notation on the face thereof by an authorized agent for the carrier as to the Products claimed to be short or damaged during transit. Customer shall be deemed to have waived any claim for shortages or Products damaged in transit if Customer fails to so notify Seller within five (5) days following delivery. Any processing or use of the Products by Customer, other than return to Seller, shall be conclusive as to Customer’s acceptance of the Products as being satisfactory and in accordance with these Terms and Conditions.

12. Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER.
Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

13. Unofficial Communications. No agents, employees, or representatives of Seller have any authority to bind Seller to any affirmation, representation, guaranty or warranty other than those expressly set forth in these Terms and Conditions. Any technical advice furnished by Seller with respect to the selection or use of Products is given without charge, and Seller assumes no obligation or liability whatsoever for the advice given or the results obtained, all such advice being given and accepted at Customer’s sole risk.

14. Taxes. All prices quoted by Seller are exclusive of all taxes. In addition to the purchase price, Customer shall pay or reimburse Seller the amount of all sales, use and ad valorem taxes, excises, duties and/or other governmental charges that Seller may be required to pay with respect to the Products.

15. Indemnification. Customer shall indemnify, defend, and hold harmless Seller, its affiliates, and the shareholders, directors, officers, employees, agents, successors and assigns of all of them (collectively, the “Seller Indemnified Parties”) from and against any and all losses, claims, damages, injuries, liabilities, taxes, fines, penalties, costs or expenses (including attorneys’ fees and court costs) incurred or suffered by any of the Seller Indemnified Parties to the extent directly or indirectly arising out of, relating to or resulting from (a) Customer’s unloading, storing, handling, packaging, processing, fabrication, or use of the Products; or (b) any negligence, act, or omission of Customer, its employees, agents and anyone for whom Customer may be legally liable.

16. Default; Bankruptcy. Upon failure of Customer to make any payment required hereunder, without deduction, setoff or counterclaim, within ten (10) days after the same becomes due, or if Customer defaults in the performance of any other obligation, term, or condition, or if Customer shall make an assignment for the benefit of creditors, or in the event of a commencement of proceedings by or against Customer involving bankruptcy, insolvency, reorganization or arrangement, or in the case of other significant financial instability of Customer, Seller, without demand or notice of any kind and without prejudice to any other right or remedy of Seller, may (a) terminate the sale of all or any of the Products; (b) suspend the release of any Products on consignment to Customer and defer further deliveries; (c) require Customer to return or allow Seller to reclaim and/or pick-up any unpaid Products; (d) require Customer to pay the purchase price for any or all the Products not yet paid for in full (whether such Products are on-hand, in process or on-order, and whether or not delivered) and any other sums due from Customer to Seller, which Customer shall pay on Seller’s first demand notwithstanding any credit period or other forbearance; (e) place any Products identified to Customer in storage at the cost and risk of Customer; (f) apply any payments made by Customer as Seller may elect without regard to any appropriation by Customer; (g) sell any or all of the Products at such price as may be available but without having any duty to Customer to do so at the best or any particular price, and collect any shortage in price from Customer; and/or (h) exercise any other right or remedy that Seller may have at law or in equity in the event of Customer’s default. Seller is entitled to immediate relief from the automatic stay should Customer file for protection under the bankruptcy code. Customer agrees not to oppose relief from the automatic stay if sought by Seller.

17. Waiver. Any waiver of these Terms and Conditions, to be valid or binding, must be in writing and signed by the party against which such waiver is to be enforced, and shall not constitute a continuing waiver of any other breach or default, and acceptance by Seller of any payments with knowledge of any breach or default shall not constitute such waiver. No omission or delay by either party in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or exercise of any other right, power, or privilege.

18. Governing Law and Venue. THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH SELLER IS LOCATED WITHOUT REGARD TO ITS CHOICE OF LAW OR CONFLICTS OF LAWS PROVISIONS. ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE PRODUCTS SHALL BE RESOLVED BY LITIGATION BROUGHT EXCLUSIVELY IN THE FEDERAL OR STATE COURTS HAVING JURISDCITION OVER SELLER’S LOCATION AND SELLER AND CUSTOMER IRREVOCABLY CONSENT TO THE JURISDICTION OF SAID COURTS.

19. Prevailing Party. In the event of any claim, dispute or controversy arising out of or relating to these Terms and Conditions, the prevailing party shall be entitled to recover it attorneys’ fees and court costs from the non-prevailing party.

20. Assignment and Third-Party Rights. Neither party may delegate or assign its rights or obligations without the other party’s prior written consent, except that Seller may assign its rights and obligations to an affiliate upon prior written notice to Customer. Any delegation or assignment without such written consent shall be null and void, and without any legal force or effect. Notwithstanding Seller’s consent to any assignment or delegation by Customer, these Terms and Conditions shall be fully binding on Customer, its successors and permitted assigns. These Terms and Conditions shall not be deemed or construed as granting or conferring any rights in or providing any basis for claims by third parties.

21. Severability. If any provision contained in these Terms and Conditions or the application thereof to the parties shall be finally determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision shall be deemed severed and deleted from these Terms and Conditions and replaced with a provision that is valid, legal and enforceable to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions of these Terms and Conditions and any other application thereof to the parties shall not in any way be affected or impaired thereby.

22. Acceptance/Enforceability of Copies. Seller may, at Seller’s sole discretion, accept a facsimile copy, electronic copy, or photocopy of any order between Seller and Customer in lieu of an original document. Customer consents to Seller’s use of such copy and waives any right to object to the use of a copy in place of the original and any right to require Seller to subsequently produce an original document.

23. Entire Agreement. These Terms and Conditions contain the final and entire agreement of the parties hereto with respect to the sale and purchase of the Products and all other transactions contemplated herein, and supersede all prior or contemporaneous discussions, negotiations, agreements or understandings, whether written or oral, between the parties relating to the subject matter hereof. These Terms and Conditions may be changed, amended, modified, revised or supplemented only by a written instrument signed by an authorized manager or officer of Seller.

Sharpen Your Competitive Edge With United Pipe & Steel

• Become more competitive and manage your risk on volatile commodity products while turning inventory more quickly.
• Break bundles and take advantage of low weight minimums while mixing and matching products, including copper tube, PVC pipes, threaded rod, strut and all other products we carry.
• Buy what you need, when you need it.
• Take advantage of routine ‘milk run’ delivery routes for service once or twice per week.