Purchase Order Terms and Conditions
Accepting and/or fulfilling this Purchase Order constitutes a binding contractual agreement between Seller and Alliance Precision Plastics Corp and its subsidiaries (“Alliance”). This Purchase Order expressly limits acceptance to its terms and conditions, and notification of objection is hereby given to any different or additional terms in any response to this Purchase Order received from the Seller or its agents. Regardless of its construction as an offer, acceptance, confirmation or use to place orders for goods or services pursuant to an earlier purchase order, this Purchase Order incorporates by reference all terms of the Uniform Commercial Code providing any protection for a Buyer/Purchaser, including, without limitation, all express and implied warranty protection and all Buyer’s/Purchaser’s remedies under the Uniform Commercial Code. This Purchase Order constitutes the entire understanding and agreement between Alliance and Seller and cannot be modified unless agreed to in an express writing signed by Alliance. Seller’s acceptance and/or fulfilling of this Purchase Order constitutes its express acceptance of the terms and conditions as contained in the Purchase Order only.
- Performance: Seller shall perform its obligations under this Purchase Order including delivering product or services on the date specified, for the quantities and pricing specified and in the manner prescribed by the Purchase Order. Such product or services shall be of the type, price and quality specified. Failure by Seller to perform may result in Alliance canceling all or part of this Purchase Order. Product, pricing or services delivered that do not comply with the quality, pricing or other specifications may be rejected, reworked and/or returned to Seller at Seller’s expense.
- Confidentiality: All drawings, specifications and technical information provided in connection herewith are and shall remain the intellectual and/or physical property of Alliance and/or its customers and will be held in confidence by Seller and not disclosed to any other party. No license of any kind for the use of such intellectual and/or physical property is hereby granted or implied.
- Indemnification: Seller shall defend, indemnify and hold Alliance harmless from any and all claims, loss, damage, liability, cost or expense arising out of or in connection with any act or omission of Seller in connection with this Purchase Order.
- Insurance: Seller shall obtain and maintain insurance acceptable to Alliance. Seller shall furnish Alliance with certificates of insurance evidencing such coverage.
