|TERMS AND CONDITIONS
- ACCEPTANCE Formal acknowledgement and acceptance of this Order is required by the Supplier in writing within a reasonable time. Delivery of goods and or service acceptable to us against this Order may at our option be taken by us as acknowledgement and acceptance in lieu of formal written acceptance.
- DELIVERIES Buyers production schedules are to be based upon the materials being delivered to the Buyer at the agreed time. Time is therefore of the essence of this order. If deliveries are not made at the time agreed upon, Buyer reserves the right to either cancel or to purchase elsewhere and hold the Seller accountable therefore. Neither Buyer nor Seller shall be liable for any default hereunder because of unforeseeable contingencies beyond their control and without their fault or negligence, such as strikes, fires, accidents or Acts of God.
- CANCELLATION We reserve the right to cancel this Order or any part of it in the event of failure by the supplier to comply with any or all the terms and conditions applying to it or our delivery schedules. The terms and conditions of this Order take precedence over those of the Seller.
- PRICE The prices shown on this Order are agreed to be held firm for the currency of the Order unless a rise and fall variation clause is agreed to be noted on the Order. When the Order is placed on a rise and fall price basis there must be prior agreement between us and the supplier on the details of the formula to be applied for the calculation of price variations. A copy of the agreed formula to be left in our hands for verification of any proposed price variations.
- INSPECTION Final inspection shall be made on Buyers premises unless otherwise agreed in writing. Material rejected as not conforming to this Order shall be returned at Sellers expense, including transportation and handling costs. Payment of Sellers invoice shall not constitute final acceptance.
- PACKING All goods shall be suitably packed or otherwise prepared for transport and in accordance with carrier’s requirements. No charge shall be made for any form of packing or containers or carriage unless expressly agreed to herein.
- BUYER’S DESIGNS, TOOLS, PATTERNS, EQUIPMENT, ECT All designs, tools, patterns, drawings and any other information or equipment supplied by the Buyer to the Seller relating to, or for use in the manufacture of the articles contracted for herein are to be considered as the sole property of the Buyer. Seller agrees that it will keep the same in such manner that they will be in good condition and may readily be identified as the property of the Buyer at all times, either by mark, segregation or any means or combination of means. By accepting this order, Seller expressly agrees that it will not use any of them in the production, manufacture or design of any articles or materials for any other purchaser, nor for the production or manufacture of larger quantities than those specified herein, without first obtaining the express consent and license in writing of the Buyer. At the termination of this contract, they shall be returned to Buyer, together with all spoiled and surplus material, unless the Buyer shall otherwise direct.
- SPECIFICATIONS Unless otherwise stated in writing all goods and services must conform to our drawings, specifications and approved samples and or the appropriate Standards Association specifications.
- PERIOD This Order becomes invalid after the expiration of 6 months from the date shown on the front hereof.
- PAYMENT Our liability is limited to payments only on such goods and or services acceptable to us and which are specifically defined in this Order and any official documents forming part of it.
- INDEMNITY The supplier agrees to indemnify us against loss costs and consequent damages for any defects, omissions or non-conformity with State or Federal laws, or letters patent, relative to the goods and or services supplied against this Order.
- GOVERNING LAW The contract resulting from acceptance of this order is to be construed according to the laws of the State from which this order is issued as shown by the address of the Buyer on the face hereof.
- WARRANTIES The Seller by acceptance of this order and by furnishing goods hereunder, in addition to all other warranties express or implied herein warrants the goods and the components and materials to be free of defects in labor materials or fabrication. This warranty shall run to the Buyer it’s successors assigns customers and the user of it’s products.
- INTERSTATE COMMERCE Seller is hereby put on notice that Buyer sells its products in interstate commerce and Seller agrees specifically to comply with the requirements of any and all statutes and regulations which may hereby be made applicable to it, and to hold Buyer harmless from any and all liability, damage or claim arising out of failure of Seller to comply with, or violation by Seller or, any such statute or regulation.