Terms and conditions
If Buyer is not notified by Seller of rejection of the Purchase Order or provided with a written request by Seller to modify any of the Purchase Order terms or these Terms within five (5) days of the date of the Purchase Order then the Purchase Order shall be deemed accepted by Seller as is and without modification failure of Buyer to give notice of claim within ten (10) days from the date of delivery, shall constitute unqualified acceptance of such goods and a waiver by the Buyer of all claims in respectthereof. Supplier accepts this purchase order (“PO”) by: (a) executing and returning this PO or an acknowledgement form, (b) starting performance, (c) delivering any Products (defined below), or (d) accepting payment.
Upon acceptance, the terms governing the relationship between the parties are limited to acceptance of the PO’s express terms, the coversheet, any quotations (as relates to price only) and any nondisclosure agreement between the parties If Seller fails to deliver the Goods in full on the Delivery Date, Buyer may terminate the Purchase Order immediately by providing written notice to Seller and Seller shall indemnify Buyer against any losses, claims, damages, and reasonable costs and expenses (including attorney’s fees) directly attributable to Seller’s failure to deliver the Goods on the Delivery Date.
Any and all transportation costs resulting from any deviation of shipping instructions, any returns to Seller, and any other costs incurred by Buyer because of Seller’s noncompliance with a Purchase Order shall be borne solely by Seller and charged to Seller’s account.
Unless otherwise stated in the Purchase Order, Buyer and Seller agree that if any Goods are not delivered to and accepted by Buyer by the specified Delivery Date, Seller shall incur liquidated damages in the amount of no less than five percent (5%) of the value of the Goods (as set forth in the Purchase Order)
Buyer acknowledges receipt of Technical Documentation detailing the application and performance properties and method of application including important safety and health precautions and instructions regarding the use of and for the products covered by Buyer’s order.
