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Premier Military Parts Purchase Order Terms & Conditions
***PLEASE SHIP IN 1 LOT, UNLESS OTHERWISE NOTED. FREIGHT CHARGES WILL BE CHARGED BACK OR DEDUCTED FROM BILL***** ****PLEASE PROVIDE MFG CERTS ON FACTORY NEW ORDERS******
The following Terms and Conditions will apply to each Purchase Order.
1. Acceptance. This Purchase Order must be accepted in writing by Seller by signing and returning promptly to Buyer the acknowledgement copy, but if for any reason Seller should fail to sign and return to Buyer the acknowledgement copy, the commencement of any work or performance of any services by Seller shall constitute acceptance by Seller of this Purchase Order
and all of its terms and conditions. Acceptance of this Purchase Order is expressly limited to the terms hereof. Any terms proposed by Seller which conflict with the terms herein shall be void and the terms of this Purchase Order shall govern. If this Purchase Order has been issued by Buyer in response to an offer, the terms of which are in addition to or different from any of the provisions of this Purchase Order, then Buyer is only willing to proceed upon the terms hereof and acceptance of the offer is conditional on Seller's assent to the terms of this Purchase Order. Vendors shall provide a certification of conformity, test report or authorized release certificate, as applicable.
Vendors shall also flow notify us of any changes to processes, products, or services, including changes of their external providers or location of manufacture.
Prices stated in this Purchase Order apply to all shipments made or services rendered here-under. Buyer shall have no obligation to honor invoices for goods and/or services at any increased price until such increase shall have been confirmed in writing by Buyer. No charges of any kind including, but not limited to, charges for boxing, crating or storage will be allowed unless specifically agreed to by Buyer in writing. Buyer shall have the right to correct all clerical errors.
The Vendor is required to retain all records associated with the PO for 10 (ten) years or as required by contract.
Our vendors will be monitored for quality and delivery, failure to meet quality and delivery requirements could result in disapproval.
With the execution of this purchase order, Premier Military Parts its’ customers, and regulatory authorities
have the right to access all facilities and to applicable documented information at any level of the supply chain and to all applicable records. Vendors are also required to implement a quality management system.
2. Non-Conformities
The Seller is required to notify PMP in writing, If any of the goods or services are defective in material or workmanship, or are otherwise not in conformity with the requirements of this Purchase Order prior to shipping material to PMP. Material deemed to not be in conformance with specifications as stated on our PO cannot be shipped unless a written approval of disposition is received from buyer.
3. Delivery. The obligation of Seller to meet dates, specifications and quantities as set forth in this Purchase Order is of the essence of this Purchase Order. No substitutions of materials or goods may be made without Buyer's written consent. Shipment in greater or lesser quantity than ordered may be returned at Seller's expense, unless written authorization is issued by Buyer. If Seller's deliveries fail to meet schedule, Buyer, without limiting its other rights or remedies may direct expedited routing, and any excess cost incurred thereby shall be debited to Buyer's account. Any goods delivered in advance of schedule are delivered at the risk of Seller and may, at Buyer's option: (a) be returned at Seller's expense for scheduled delivery; (b) have payment therefore withheld by Buyer until the date that the goods are scheduled for delivery; or (c) be stored for Seller's account until the scheduled delivery date.
Except as otherwise provided herein, title and risk of loss on all goods shall remain with Seller until delivery to Buyer's premises or as otherwise directed by Buyer.
4. Inspection. The goods and services delivered here-under shall be subject to inspection by Buyer. If any of the goods or services shall be defective in material or workmanship or otherwise not in conformity with the requirements of this Purchase Order, Buyer, in addition to its other rights may reject the same for full credit, refund or require to prompt correction or replacement thereof at Seller's expense. In no event shall Buyer be deemed to have accepted the goods until Buyer has had a reasonable opportunity of examining the same to ascertain whether the goods are in conformity with the Purchase Order. Buyer reserves the right to reject and return at the risk of and expense of Seller all or such portion of any shipment which may be defective or nonconforming without invalidating the remainder of the Purchase Order. Nothing herein shall release Seller of the obligation to make full and adequate testing and inspection of goods sold here-under.
5. Warranty. Seller represents and warrants that all goods and services provided here-under will conform in all respects with the specifications of this Purchase Order and will be merchantable and free from any defects
in material, design, and workmanship and will be fit for the purpose for which the same was intended Seller agrees that the foregoing warranty shall survive delivery of, acceptance of and payment for the goods or services, and that Seller shall indemnify, defend and hold Buyer harmless against any loss, damage (including consequential and incidental damages), liability, cost or expense whatsoever including attorney's fees that Buyer may incur, directly or indirectly, as a result of any breach of such representations and/or warranties.
6. Compliance with Laws. Seller shall, in the performance of work under Buyer's order, fully comply with all applicable Federal, state and local laws and regulations (including, without limitation, the Walsh-Healey Act,
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41 U.S.C.A. §§35?45, the Occupational Safety and Health Act of 1970, 29 U.S.C.A. §§651?678; The Fair Labor Standards Act of 1938, 29 U.S.C.A. §§201?219, as amended); and the matters set forth in paragraph 18 below, and shall indemnify and hold Buyer harmless from any liability, cost or expense (including, without limitation, Buyer's court costs and reasonable attorney's fees) resulting from Seller's failure of compliance. Seller agrees upon request to furnish Buyer with a certification of compliance with respect to any or all such laws and regulations in such form as Buyer may require.
7. Payment. All payments are made conditional upon final acceptance by Buyer of the goods and/or services provided here-under. Discounts, if any, begin the date either the invoice or the goods or services are received by Buyer, whichever is later. All payments should be made in U.S. dollars. Payment terms are Net 30.
8. Taxes. Seller's price shall be exclusive of any federal, state or local taxes. Seller shall list separately on its invoice any such tax lawfully applicable to any goods or services with respect to which Buyer does not furnish to
Seller lawful evidence of exemption.
9. Changes. Buyer may at any time, by written order, make changes within the general scope of this Purchase Order in (a) specifications; (b) method of shipment; (c) place or time of delivery; and/or (d) materials, methods or manner of production, and, in any such case, Seller shall comply therewith. If any such change causes an increase or decrease in the cost of or time required for performance of this Purchase Order, an equitable adjustment shall be made in the order price or delivery schedule or both and this Purchase Order shall be modified in writing accordingly.
10. New Materials
The Work to be delivered here-under shall consist of new materials, not used, or reconditioned, re-manufactured, or of such age as to impair its usefulness or safety.
11. Vendors shall ensure that personal are aware of their contribution to products, product safety or service conformity in addition to ethical behavior