Purchase Order Terms and Conditions
This purchase order constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all provisions in any prior quotation of Seller. It may be amended only by written change orders signed by Buyer. Delivery of the goods shall constitute acknowledgement and acceptance of this purchase order by Seller. Buyer will not be bound by any order confirmation or other form of Seller not signed by Buyer.
Time is of the essence for this purchase order. If deliveries are not made at the time specified Buyer reserves the right to cancel or to purchase the goods and/or services elsewhere, and to hold Seller accountable therefore.
Seller warrants all goods delivered hereunder shall be of new and first quality material, of good workmanship and free from defects, and that such goods shall conform to specifications, drawings, samples or other descriptions referenced herein and shall be fit for the purpose for which purchased when the purpose has been made known to Seller (unless Buyer has furnished the design for same). Seller further warrants that services furnished hereunder shall conform to specifications and shall be performed in a skilled and workmanlike manner. Goods or services found to be defective in material or workmanship or nonconforming with specifications within eighteen months from the date of shipment or twelve months from the date of putting same into service, whichever occurs first, shall, at Buyer’s option, be replaced, corrected, or repaired in place by Seller, or be replaced at Buyer's premises by Seller, or be returned to Seller at Seller's expense (including transportation and handling costs) for full refund. This warranty shall survive any inspection, delivery, or acceptance of the goods or services, or payment by Buyer.
Seller shall indemnify, defend and hold Buyer harmless from any and all liabilities, claims, or suits arising out of: (a) any claim that the subject goods or services infringe any patent, trademark, or similar rights; (b) Seller’s defective performance of this purchase order.
Seller agrees to fully comply with all laws, orders, rules and regulations of all governmental authorities which regulate or affect the goods or services covered hereby including, but not limited to, the Occupational Safety and Health Act of 1970, as amended.
Buyer shall at all times have title to all drawings, specifications, and other documents furnished by Buyer hereunder. Seller shall hold them in confidence and use the same only to the extent necessary for execution of this purchase order and shall, upon Buyer’s request, promptly return to Buyer all copies of the same.
Buyer may terminate this purchase order at any time and for any reason by written notice to Seller. In the event of termination for cause, Buyer shall have no liability whatsoever to Seller. In the event termination is not for cause, then Seller shall be entitled to receive only reasonable cost and expense incurred in performance of this purœchase order to the date of termination plus a reasonable profit thereon, provided that Seller shall deliver to Buyer the goods and service to the extent completed.
Unless otherwise specified herein: (a) payment is due only after final delivery and Buyer’s acceptance; (b) invoices shall be payable 30 days after receipt.
If omitted, Seller’s price shall be the lowest prevailing market price.
Any dispute arising out of this order shall be resolved by binding arbitration before the American Arbitration Association in Milwaukee, Wisconsin. The award shall include reasonable attorney’s fees to the prevailing party and be enforceable in any court having jurisdiction.
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ROUND-THE-CLOCK FAX
Putzmeister America, Inc.
Customer Support Center
(262) 884-7259
Midwest
Repair & Service Center
(262) 884-6205
West Coast
Customer Support Center
(562) 229-1713
Convenient E-mail Contacts
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