Clingan Steel Inc. products are subject to standard manufacturing variations, Clingan Steel warrants that the goods furnished or processing services rendered shall meet specifications set forth on the face of the applicable sales order. Clingan Steel makes no other warranties, express or implied, and specifically excludes all warranties of merchantability and fitness for a particular purpose.
No claim for damages for goods or processing services that do not conform to specifications will be allowed unless Clingan Steel is giving immediate notice after delivery of goods and allowed an opportunity to inspect them. Goods or Processing Services for which damages are claimed shall not be returned, repaired or discarded without Clingan Steel's written consent. Buyer's exclusive remedy against Clingan Steel and Clingan Steel's sole obligation, for any and all claims, whether for breach of contract, warranty, tort (including negligence), or otherwise, shall be limited to Clingan Steel's replacing purchased goods that do not conform to the specifications or, at Clingan Steel's option, refunding the purchase price of goods sold or refunding the process costs of processing services rendered. In no event shall Clingan Steel have any liability for damages in an amount exceeding the purchase price of the goods sold or the processing costs of processing services rendered hereunder, nor shall Clingan Steel have any liability or incidental or consequential damages.
***All Toll Processing Orders are Produced on a Best Effort Basis***
