- 1. Definitions
a. “Buyer” refers to the party issuing the Purchase Order.
b. “Seller” refers to the party providing the goods and/or services described in the Purchase Order.
c. “Goods” or “Services” refer to the items or services listed on the Purchase Order. - 2. Acceptance of Terms
By accepting this Purchase Order, Seller agrees to comply with the terms and conditions outlined herein. No modification or alteration of these terms shall be binding unless agreed to in writing by Buyer. - 3. Delivery
a. Time is of the essence. Seller must deliver Goods and/or Services by the specified delivery date.
b. If Seller fails to deliver on time, Buyer reserves the right to cancel the order, obtain the items elsewhere, and charge Seller for any additional costs incurred.
c. All Goods must be delivered to the location specified on the Purchase Order, unless otherwise agreed in writing. - 4. Inspection and Acceptance
a. Buyer reserves the right to inspect all Goods upon delivery and to reject any Goods that are defective or do not conform to the specifications.
b. Acceptance of Goods does not waive Buyer’s right to claim damages for any defects discovered later.
c. Rejected Goods will be returned to Seller at Seller’s expense. - 5. Price and Payment
a. Prices for Goods or Services are specified in the Purchase Order and are firm and non-adjustable unless otherwise agreed in writing.
b. Payment terms are as specified in the Purchase Order. In the absence of specific terms, payment will be made within 30 days of receiving the invoice and Goods or Services, whichever is later.
c. Seller must submit detailed and accurate invoices, referencing the Purchase Order number. - 6. Warranties
a. Seller warrants that all Goods provided are new, free from defects, and conform to the specifications of the Purchase Order.
b. Seller further warrants that the Goods do not infringe on any third-party intellectual property rights.
c. Seller agrees to remedy any nonconformity or defect at its own expense. - 7. Compliance with Laws
Seller represents and warrants that all Goods and Services comply with all applicable laws, regulations, and standards, including labor and environmental regulations. - 8. Confidentiality
Seller agrees to maintain the confidentiality of all information provided by Buyer and to use such information solely for fulfilling the Purchase Order. - 9. Indemnification
Seller agrees to indemnify, defend, and hold Buyer harmless from and against any claims, liabilities, damages, or expenses arising out of Seller’s breach of these terms or the negligence of Seller in fulfilling the Purchase Order. - 10. Limitation of Liability
Buyer’s liability shall not exceed the total purchase price of the Goods or Services ordered. Buyer will not be liable for any indirect, incidental, or consequential damages. - 11. Termination
Buyer reserves the right to terminate the Purchase Order, in whole or in part, at any time for convenience or for cause. If terminated for convenience, Buyer will pay Seller for any Goods or Services delivered and accepted up to the date of termination. - 12. Force Majeure
Neither party shall be liable for delays or non-performance due to causes beyond their reasonable control, such as natural disasters, war, or labor strikes. The affected party must notify the other party promptly of any such events. - 13. Governing Law
This Purchase Order shall be governed and construed under the laws of Wisconsin. - 14. Entire Agreement
This Purchase Order, together with any documents incorporated by reference, constitutes the entire agreement between the parties and supersedes all prior negotiations or agreements unless otherwise agreed upon between the Seller and Buyer. - 15. Supplier Code of Conduct
By accepting this Purchase Order, Seller agrees to Buyer’s Supplier Code of Conduct. The document can be found here: https://www.plasticingenuity.com/suppliercodeofconduct/
