Buyer shall have twenty-four hours from said date of delivery to set forth in writing notification of any items of non-conformance to this contract, including quantity, contract terms or any other objection.
If the buyer alters the delivered material condition in any manner, prior to notifying TMS in writing of any existing non-conformance based on the above terms, TMS reserves the right to refuse, or allow any claims on goods which have been further processed by the buyer. This will be determined by TMS on a case by case basis.
If seller elects to pick up non-conforming items, the seller shall have the option to then declare this contract null and void, or to replace the goods with new goods and this agreement shall remain in effect as to the new goods.
Seller shall not be liable for any damage as incurred by buyer due to delay in delivery or discrepancies in delivery date. All non-conforming refunds are subject to 25% restocking fee. Shipments are F.O.B Titanium Metal Supply, Inc. unless exceptions taken at time of order placement.