No Warranty

All of the items of personal property described herein, including, without limitation, all pieces and component parts thereof, will be sold and transferred by the Seller, and purchased and accepted by the Buyer, at their present location (unless otherwise agreed by Seller in writing) in "AS IS" condition "WHERE IS", "WITH ALL FAULTS", and WITHOUT ANY REPRESENTATIONS OR WARRANTIES BY THE SELLER OF ANY NATURE WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The Buyer will be responsible for all taxes, expenses, costs, or other liabilities associated with the purchase, transport, and removal of all the items of property from their present location. The Seller will not be liable for any incidental, consequential or punitive damages of any type whatsoever. The Buyer will be given full opportunity to inspect the property, and failure to inspect will not constitute grounds for any claims against the Seller. Failure to remove the property within thirty (30) days will, at Seller's option, cancel this sale.

Payment

Prior to removal, payment must be made in full in cash (current, certified check or cashier's check), unless Seller has approved Buyer's credit or other check payment, and must include tax applicable to the sale hereunder, unless an appropriate exemption certificate is furnished. When credit has been extended, payment terms are net thirty (30) days from date of invoice. Buyer agrees to pay the maximum lawful service charge which may be assessed by Seller on unpaid invoices from their due dates and Seller's reasonable costs of collection, including, but not limited to, reasonable attorneys' fees.

Delivery and Removal

All sales are F.O.B. the point at which the property is located at time of sale. All risk of loss, damage, or destruction from any cause, whatsoever, shall be borne by the Buyer.

Force Majeure

Seller shall not be liable for failure or delay in performance under this Agreement due in whole or in part to causes such as an act of God, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, explosion, acts of any governmental unit, unforeseen shortages or unavailability of fuel, power, transportation, raw materials or supplies, inability to obtain or delay in obtaining necessary equipment or government approvals, permits, licenses or allocations, and any other causes which are not within the reasonable control of Seller, whether or not of the kind specifically enumerated above. Under any such circumstances, Seller shall have the additional time needed to complete this Agreement and the right to allocate its available supply, in the manner it selects, to itself and among any or all customers, including, but not limited to, its subsidiaries and affiliates.

Governing Law

The laws of the state where the property is located at the time of sale shall govern the validity, interpretation, construction and effect of this Agreement, without regard to principles of conflict or choice of law.

Waiver

Seller shall not be deemed to have waived any right, power, privilege or remedy unless such waiver is expressly in writing and duly executed. No failure to exercise, delay in exercising or course of dealing with respect to any right, power, privilege or remedy shall operate as a waiver thereof by Seller or of any other right, power, privilege or remedy. No exercise or partial exercise of any right, power, privilege or remedy shall preclude any other or further exercise thereof by Seller or the exercise of any other right, power, privilege or remedy by Seller.

General

This Agreement contains the entire agreement of the parties with respect to the products or services covered by this Agreement, and all previous contracts, purchase orders, proposals, discussions and communications relating to the products or services covered by this Agreement are superseded except to the extent that they have been incorporated by direct reference. This Agreement may not be amended without Seller's prior written consent. If any provision of this Agreement, whether a paragraph, sentence or a portion thereof, is judicially determined to be null and void or unenforceable, such provision shall be deemed to be severed, and the remaining provisions or this Agreement shall remain in full force and effect. The headings in this Agreement are for convenience of reference only and shall not affect its interpretation or construction. Any errors incorporated in or appearing on this Agreement are subject to correction by Seller.

Web Site Terms

INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION AS TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

The contents of the Web Site are protected by copyright under United States copyright law. Except as set forth herein, you may not copy, distribute, display, make derivative works from, or otherwise disseminate or exploit any of the contents on this site. Although the Corporation reserves all rights in its copyrighted content, you may make copies of documents or pages published by Martin Marietta Materials on this web site for your non-commercial, personal use so long as your use does not include further copying, distribution, display, or dissemination in hard or electronic formats, and provided any copy you make retains all copyright or other proprietary notices and any disclaimer contained thereon. If you link to any other third-party web site from this site, you should follow the copyright provisions of those sites. Martin Marietta Materials may revoke any of the foregoing rights at any time.