Entire Agreement; Governing Law: No agreement or understanding to modify or supplement an order under these Terms and Conditions shall be binding on Buyer unless signed in writing by Buyer`s authorized representative. Any modification proposed by the Seller is not part of the Contract unless such a written agreement exists. All specifications, drawings and data provided to Setter in connection with an Order form part of the parties` agreement regarding that Order. These Terms and Conditions and any Order shall be governed by and construed in accordance with the laws of the jurisdiction in which the office of the Buyer issuing the Order is located. Nothing herein shall be deemed excluded from any other remedy permitted by law or in equity. Items may be used by Buyer to comply with a U.S. Government Prime on Subcontract and may therefore be subject to applicable government procurement regulations, including compliance with FAR 52 219-9(d)(9). In addition, the provisions of section 202, subsections (I) to (7), Executive Order 11246 or an order of succession (relating to equal employment opportunity) are hereby incorporated, and the term “contractor” as used herein refers to the seller. If a purchase of items is made to fulfill certain additional U.S. government information or a subcontract, the terms and conditions are contained in a supplement attached to that order.
Acceptance of the Contract: Any Order relating to these Terms and Conditions is an offer by buyer to Seller to enter into the Purchase Agreement described therein, and this Order, these Terms and Conditions and any other specifications or requirements submitted to Seller by Buyer in connection with it constitute the complete and exclusive statement of this Agreement. Seller is deemed to have accepted the Order (including any specifications or requirements contained therein) and these Terms and Conditions when Seller (I) executes and returns a signed letter indicating its intention to be bound by the Order or (ii) delivers any of the items ordered to buyer. All items received by Buyer are subject only to the terms of the order (including these Terms and Conditions), regardless of the terms contained in any offer, confirmation, invoice or other document issued by Seller, or Buyer`s act of accepting or paying for shipment or other action. To define a legal term, enter a word or phrase below. 8. It is up to the Seller to determine the relevance of the insurance and compensation obligations of the subcontractors. 1. Freight – All shipments must be made in accordance with the instructions on the order or order review, except that in the U.S. parcel service it must be used (prepaid or “ship to” location), the shipment is less than 70 pounds.
If a carrier or shipping method not specified in the order, an order revision or in these Terms and Conditions has been issued without the prior consent of the Buyer, any increase in shipping costs will be charged to the Seller. Termination: The buyer may terminate or suspend all or part of the undelivered items or quantities of a pending order, an order review or an order release at any time. The Seller agrees that any resulting cancellation changes will be limited to the material and labor costs incurred for the cancelled items prior to knowledge of their cancellations. Setter further agrees to take all reasonable steps to mitigate such changes. Definitions: As used herein, “the following terms have the meaning given: Quantities: Unless quantities and delivery schedules are specified, orders are issued to cover purchases of items described therein indefinitely or until cancellation, with shipping schedules and quantities determined by the buyer and communicated to the seller via an order release. 4. Consignment notes shall contain the order number. and the supplier`s code on all bills of lading. 3. “Order Release” means a transmission indicating quantities and dates of shipment or delivery. 4.
“Order Changes” means a Submission that revises the information contained in an Order. 5. Any insurance policy required by this Agreement is confirmed to indicate that coverage may not be suspended, cancelled, terminated, reduced in coverage or within limits by either party, except after thirty (30) days of written notice by registered letter, acknowledgment of receipt requested from the Buyer. 2. Packing slip – The seller must attach the packing slip in a sealed envelope attached to a package on all shipments. The delivery note must contain the order number, the supplier code no. and Art.-No. Quantity identification or specification number and design change number or material code exactly as specified in the purchase order. 2. The Seller and its subcontractors, if any, at their own expense, maintain insurance coverage as described below with insurance companies acceptable to the Buyer The limits set are minimum limits and shall not be construed as limiting the Seller`s liability.
All deductible costs and amounts are the responsibility of the Seller or its subcontractors. All policies required by buyer as an additional insured (as per ISO #CG 2026 endorsement or equivalent) and waiver of recourse rights in favor of buyer, with the exception of policies that provide statutory insurance for workers` compensation and professional liability. All required policies are also designed as the primary coverage for similar coverage by the buyer. and at least seven (7) days before the start of the work at the Buyer`s premises. Seller must submit copies of certificates and insurance policies to: Claas Omaha INC. Attn: Purchasing Manager, 8401 South 132nd St. Omaha, NE 68138, 7. Regardless of these insurance requirements, the bankruptcy, bankruptcy, bankruptcy of an insurance company or its non-payment of claims does not waive any of these provisions. All policies described above, as well as any other insurance policies held or acquired in the future, contain provisions under which insurance companies do not have a night of claim for recourse against the buyer or any of its subsidiaries or affiliates or against any of its officers, directors, employees, agents, consultants or businessmen. Warranty: Seller hereby warrants, in addition to any express implied warranties of additional scope granted to Buyer by Seller or implied by law, that the items delivered by Seller fully conform to Buyer`s specifications, drawings and data or Seller`s samples or representations and are free from design defects (to the extent Seller provides the design), Materials and manufacturing.
The Seller agrees that this warranty will continue to apply after acceptance of the items. Seller shall be liable for any claim for damage or infringement based on a breach of the above warranty and at Buyer`s discretion. Seller will process such claims and provide Buyer with all reasonable assistance in Buyer`s handling of such claims. Inspection: Items are subject to inspection, testing and approval by the buyer. Buyer may, in its sole discretion, refuse or refuse to accept items that do not meet the requirements of the order or any applicable warranty. Items rejected or not accepted by Buyer will be returned to Seller at Seller`s expense, and Seller agrees to reimburse Buyer for all payments (including, but not limited to, shipping costs) made by Buyer for such items. Payment of items by the buyer will not be considered acceptance. Acceptance of an Item does not relieve Seller of its obligations, representations or warranties under this Agreement or this Agreement. Early deliveries; About Shipments: For shipments made before the period specified in the order, the Buyer may, at its discretion, refuse the items at the Seller`s expense and/or withhold payment until the otherwise applicable payment date, the Buyer may return the shipments to the Seller at the Seller`s expense. In both cases, when the Buyer returns items, the Seller`s account will be debited the full amount of all invoices (including shipping costs and taxes, if any) paid on them. Work at Buyer`s Premises: If an order requires Seller to perform work at Buyer`s premises, unless otherwise specified, the prices shown in an order review include all charges for the ferns ordered (including, but not limited to, modifications to boxes, packaging, boxes, carts). Taxes or other additional fees).
If the buyer has agreed in writing to pay taxes relating to an order, the applicable faxes will be indicated separately on the invoice. The Buyer will pay all invoices in accordance with the Then-current standard billing plan of the Buyer, a current version of which has been made available to the Seller`s Price, payment terms and invoices: the Seller declares that the price invoiced to the Buyer for the items is at least as low as the price invoiced by the Seller to Buyers of a class similar to the Buyer under conditions similar to those specified in the Order, and that the prices comply with the applicable conditions. State laws and regulations in effect at the time of quota, sale or delivery. The Seller agrees that any price reduction compared to the items implemented before the shipment or reproduction of these items will be applied to the order for all deliveries of items after this price reduction. 1. “Item” means the goods ordered by the Buyer pursuant to an order placed with the Seller. 3. Shipping Notice – Seller will send Buyer a corresponding separate shipping notice, including the same information contained on the packing slip, as well as any information relating to the date of shipment and handling. 6. The Buyer does not insure and is not responsible for the loss or damage of property of any kind belonging or leased by the Seller (including subcontractors), its employees, servants or agents.