Terms and Conditions
PURCHASE ORDER NO.
Our Purchase Order number must appear on all invoices, labels and
shipping documents and all correspondence and other references.
TRANSPORTATION
Terms: F.O.B. Destination unless otherwise stated or agreed.
Transportation to be the lowest cost service unless otherwise
specified.
DOCK DATE
Must ship product from your factory or distribution center
based on transportation lead-times to arrive at final destination in
order to meet the dock-date shown on our purchase order.
Dock Date on our purchase order represents date to arrive at
designated ship To address.
LATE DELIVERIES
Use all commercially reasonable efforts to ensure that consignments
ordered are shipped in-time to meet the specified Dock Date. If any
consignment does not become available until 5 or more days after
specified Dock Date, any additional cost attributable to shipping the
consignment by air or expedited freight services rather than by normal
shipping methods shall be the supplier responsibility.
COUNT
Buyer's count shall be accepted as conclusive on all shipments.
WARRANTY
Seller warrants and certifies that all statutory requirements as to
production and labor have been complied with.
WRITTEN ORDER REQUIRED
Charges arising out of verbal understandings and agreements, except
as confirmed by our written purchase order, will not be accepted.
PRICES QUANTITIES
This order must not be filled at prices higher than stated hereon
without written approval of the Purchasing Department. If price is
not shown on this order, you agree, by your acceptance of this order,
that you will furnish materials and/or services specified at the
lowest prevailing market price on date of shipment or at the price
applying to our last order with you, whichever be the lowest price.
Any quantity shipped in excess of this may be returned. All
transportation charges on such excess shipments are for vendor's
account.
EXTRAS-PACKAGING DEPOSITS
Charges for extras, including, but not limited to packing, loading
drayage blocking, dunnage or lighterage, will not be accepted unless
specified hereon or by prior written approval. Unless specifically
stated on this order, no charges will be accepted for packaging
(containers, boxes, drums, barrels, shells, reefs, cores etc.) and
none will be returned.
QUALITY
All materials and services purchased are subject to our inspection
and acceptance within a reasonable time after receipt by us,
notwithstanding our prior payment to secure cash discount.
Unacceptable materials may be returned to shipper, all transportation
charges for vendor's account. Payment of vendor's invoice on discount
or due date does not imply our acceptance of materials or services.
We also reserve the right to inspect the work covered by this order
at any time during its progress. Any rework charges incurred by our staff
will be charged back to the supplier.
GUARANTEE
Vendor guarantees that all articles (except as supplied by us) will
conform to specifications and/or drawings referenced hereon and
agrees that at no cost to us, he will promptly furnish, transport and
install replacements thereof or repair, at your option, any and all
articles found by us to be defective, faulty or imperfect in
materials or workmanship within twelve months from date of receipt by
us.
CHANGES-CANCELLATION
Purchaser reserves the right to reschedule, cancel, or change
quantities on this order, prior to specified dock-date by written
notice to vendor and the extent of compensation or reimbursement if
any, shall be negotiated between purchaser and vendor on a fair, just
and equitable basis.
DEFERMENT
In the event of fire, flood, strike, lockout, accident, war or causes
beyond our control interfering with the consumption or the
transportation of materials and/or the performance of services
specified hereon, or of the purchaser's manufactured products,
delivery of this order, or any part thereof, may be suspended with
out cost to us during the period required to remove the cause.
PATENTS AND COPYRIGHTS-REGULATIONS
The vendor agrees to defend and serve harmless the purchaser from all
costs, expenses and damages occasioned by any alleged infringement of
patents or copyrights by any article covered by this order. The
vendor warrants that the materials and/or services supplied on this
order were produced or supplied in compliance with all applicable
laws and regulations and that his performance hereof is not in
violation.
DRAWINGS-TOOLS, ETC.
All drawings, prints, dies, patterns, tools, etc. furnished by us
remain our property and are to be returned to us-if produced by you
and paid for by us become our property and shall be delivered to us
unless otherwise specified by us.
ORDER IS CONFIDENTIAL
Vendor understands and agrees that this order shall be treated
confidentially in every respect and that he shall refrain from any
publicity or advertising concerning this order.
PAYMENT
Our check or draft to be accepted as payment(s) without discounting
for any reason. All payments will be in United States dollars.
Payment terms are from the date material is received, unless otherwise
agreed upon in writing.
ACCEPTANCE CONTRACT
Purchaser recognizes that vendor may for his convenience, utilize his
own form of acknowledgment or otherwise acknowledge the order than by
simple acceptance. Therefore, it is agreed that any provisions of
this order shall be deemed to be waived and that the provisions of
this order, by such acceptance, constitute the whole contract between
the parties. The contract resulting from the acceptance of this order
shall be construed according to the laws of the State of Illinois and
the venue shall lie in Montgomery County circuit court, Hillsboro,
Illinois. This contract is non assignable by seller.
NON DISCRIMINATION IN EMPLOYMENT
Unless this Purchase Order is exempt in accordance with the rules and
regulations issued under Executive Order No. 11246 signed by the
President on September 24, 1965 (30 F.R. 12319), the vendor agrees to
comply, during the performance of this Purchase Order, with each and
all of the nondiscrimination/equal opportunity clause provisions set
forth in Section 202 of Executive Order No. 11246, which provisions
by this reference thereto, are expressly incorporated herein as
though set forth in full.
NOTIFICATION:
Please copy the buyer via email on any correspondence related to the
on-time delivery of this purchase order.