PURCHASE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
MATERIAL AND WORKMANSHIP
All material, equipment, and services (collectively "goods") furnished on this Purchase Order shall be of good quality and subject to the Buyer’s inspection and approval. Title to the goods shall not pass until delivered to, and inspected and accepted by the Buyer. In addition to any other provision of this order, Seller: a) warrants all goods sold herewith to be in accordance with specifications, free from defects in materials and workmanship, all work performed in a skillful and professional manner, and unless accepted or directed by Buyer, all materials shall be new and, b) agrees to repair or replace promptly to the satisfaction of and without cost to the Buyer any goods which are defective within 1 year after acceptance by Buyer. Failure to inspect or complete work not in accordance with the specifications shall not relieve the Seller from correcting all such work at his own expense. Seller’s agreement to repair or replace defective goods is in addition to all other remedies available to Buyer.
No substitutions of goods may be made without Buyer’s consent. No charges for extras will be allowed unless such extras have been ordered in writing by Buyer and price agreed upon.
Seller must ship the goods covered hereby by the route taking the lowest transportation rate unless otherwise instructed by Buyer. No allowance will be made for packing, cartage or crating charges unless stated herein, but damage to any goods not packed to insure proper protection would be adequate grounds for rejection. All goods must be shipped in sufficient time to ensure complete on-time delivery compliance. If goods are late due to the fault of the Seller, the Seller will pay for expediting charges necessary to expedite goods to Buyer.
Neither Buyer nor Seller shall be liable in damages for delay in delivery due to any cause beyond its control or without its fault or negligence. Neither party shall be liable to the other and this Purchase Order shall remain unaffected except that Buyer at its option may elect to have the quantities so affected eliminated, provided such delay in delivery shall exceed a period of fourteen
- days from the promised date or to extend the period of delivery of the quantities so affected by the period that effects thereof persists.
Shipping notice must be mailed on the date of shipment to the Buyer. Goods arriving without delivery appointment may be returned if not scheduled for delivery or unloaded at the next available time. Goods arriving without proper paperwork (ex: packing list and certifications) having been received may be held until the desired information is furnished, and all demurrages thus accruing shall be for Sellers account. Buyer's count will be accepted as final and conclusive on all shipments not accompanied by a packing slip. Invoices must be mailed to the Buyer's Accounts Payable Department. Invoices shall state the shipping point, place of delivery, party responsible to pay freight and terms of payment.
ADDITIONAL TERMS IN ACCEPTANCE OR CONFIRMATION
Any terms and conditions appearing on Seller’s business forms in conflict with, inconsistent with or in addition to those appearing herein shall be of no effect unless Buyer agrees hereto in writing bearing an authorized signature. In no event shall limitations of liability clauses of whatever nature contained in Seller's forms become effective unless in writing by an authorized representative of Buyer.
In the event of any proceeding by or against Seller in bankruptcy, reorganization or insolvency or for the appointment of a receiver or any assignment for the benefits of creditors, Buyer may terminate this order without further liability except for confirming deliveries previously made.
This Purchase Order, and any document referred to herein, supersedes all prior understandings, transactions and communications, whether oral or written, with respect to the materials referred to herein and from the complete contract between Buyer and Seller. No modification, alteration or amendment of this order shall be binding upon Buyer unless in writing and Signed by Buyer.
- All receipts of incorrect specifications are subject to reject and/or cost to correct if applicable.
- Almetals expects all claims to be dispositioned within 15 business days of written notification or material will be scrapped.
RESCHEDULING AND CANCELLATION
- Processing purchase orders where Almetals material is damaged, processed incorrectly, lost or rejected for any legitimate cause would be subject to any/and all replacement costs.
Buyer reserves the right to reschedule any order that has not been shipped by Seller and will accept no additional charges. Buyer shall notify Seller of rescheduling or cancellation in writing. If material or equipment has been produced, reasonable cancellation charges will be negotiated.