Terms & Conditions of Purchase by O’Keefe Controls Co.
BY ACCEPTING A PURCHASE ORDER FROM O’KEEFE CONTROLS CO.,
THE SUPPLIER AGREES TO THE FOLLOWING:
PURCHASE ORDER NUMBERS: O’Keefe Controls Co. will communicate a purchase order number to Supplier by telephone, fax or e-mail. Supplier shall include the purchase order number on every packing slip, invoice and every other communication related to this order.
PACKING AND SHIPPING: All items must be properly prepared for shipment. When applicable, package in quantity and/or box type specified on the purchase order. Shipment must include packing slip and any other documents specified on the purchase order.
SHIPMENT OR DELIVERY: Ship to arrive by the due date on the purchase order. On time delivery is considered to be within ten (10) working days early and zero (0) days late. Advise O’Keefe Controls Co. if not able to meet due date specified on the purchase order.
INSPECTION: All items are subject to final inspection and acceptance by O’Keefe Controls Co. at the destination notwithstanding any prior payment or inspection at the source.
REJECTION: O’Keefe Controls Co. shall notify Supplier if any items delivered are rejected for being nonconforming, and, at O’Keefe Controls Co.’s election and Supplier’s risk and expense, such items may be returned to Supplier. Supplier shall issue O’Keefe Controls Co. a credit for all costs and expenses with respect to such rejected items or replace or correct rejected items, at O’Keefe Controls Co.’s election.
WARRANTY: Supplier warrants that all goods delivered hereunder shall be merchantable, fit for their particular purpose and free from defects, whether latent or apparent. Supplier warrants that all services performed hereunder shall be performed in a good and workmanlike manner by qualified, trained personnel, free from errors. Supplier’s warranties shall be enforceable by O’Keefe Controls Co. and shall run to O’Keefe Controls Co.’s customer(s).
CHANGES: O’Keefe Controls Co. may make changes to any services to be performed or to any goods to be specifically manufactured, but no change shall be effective, nor shall O’Keefe Controls Co. be obligated to pay any increase in compensation as a result of a change, unless O’Keefe
Controls Co. issues a written change order. Changes which increase or decrease pricing shall be revised as mutually agreed to in writing.
INVOICES/PAYMENT: A separate invoice shall be issued for each shipment and for each Purchase Order Number, with the Purchase Order Number stated on the face of the
invoice. No invoice shall be issued prior to shipment of goods, and no payment shall be made prior to receipt and acceptance of conforming goods and invoice. Payment terms are those shown on the purchase order. Standard terms are Net 30 days.
PERFORMANCE: Supplier’s performance may be controlled and monitored, and poor performance may require corrective action.
CONFIDENTIALITY: Supplier shall keep confidential all information designated as confidential by O’Keefe Controls Co. or reasonably known to be confidential, including, but not limited to, pricing, designs, processes, drawings, specifications, reports, data and other technical or proprietary information and the features of all parts, equipment, tools, gauges, patterns and other items furnished or disclosed to the Supplier by O’Keefe Controls Co. in connection with this purchase order. Supplier shall not disclose such information to any third party without the written consent of O’Keefe Controls Co. and shall not use O’Keefe Controls Co.’s Confidential Information except as contemplated in this purchase order.