BETTER ENGINEERING MFG., INC. PURCHASING TERMS & CONDITIONS
1. GOVERNING TERMS AND CONDITIONS
These terms and conditions of sale (hereinafter “Terms & Conditions”) shall apply to all orders for product and services (hereinafter “Product” or “Products”) between the supplier identified on accompanying purchase order (herein after “Supplier”) and Better Engineering Manufacturing, Inc., a Maryland corporation, the buyer of the Products or Services (herein after “Buyer”). These Terms & Conditions prevail over any of Seller’s general terms and conditions. Notwithstanding anything herein to the contrary, if a written agreement signed by both Seller and Buyer is in existence covering the sale of the Products, the Terms & Conditions of such written agreement shall prevail to the extent they are inconsistent with these Terms & Conditions.
A purchase order is deemed accepted by the Seller if not rejected by the Seller in writing within 5 business days. Seller shall acknowledge receipt of purchase order with promise to deliver by the due date listed on the purchase order.
3. PRICE; PAYMENT TERMS
Buyer shall not be billed at prices higher than those stated on purchase order. Seller shall notify Buyer of any price discrepancies for approval prior to shipment. Buyer shall pay all invoices within 30 days of receipt of products or services specified on purchase order.
4. DEFAULT; CANCELLATION
Buyer may terminate purchase order in whole or in part at any time by written notice to the seller. Upon receipt of such notice, Seller shall immediately discontinue all work and proceed to promptly cancel all orders associated with purchase order. Buyer shall not be penalized for cancellation of commercial off the shelf (COTS) items, to include any re-stocking fees. For cancellation of any purchase orders for customized products and services, Buyer will be responsible for reasonable costs associated with work performed prior to notification of cancellation.
5. DELIVERY TERMS
Time is of the essence. Seller shall provide the goods and quantities on the dates specified in the purchase order. If a delay is expected, Seller shall promptly advise Buyer of such delay. Partial shipments shall be allowed at the sole discretion of the Buyer.
6. DELAYS; FORCE MAJEURE
Neither party shall be liable for defaults or delays caused by Force Majeure. “Force Majeure” means circumstances beyond the respective parties reasonable control, including without limitation, acts of God, acts of public enemies, wars, other hostilities, blockades, insurrections, riots, epidemics, quarantine restrictions, floods, unavailability of components or supplies, lightning, fire, storms, earthquakes, washouts, arrests, restraints of rulers and people, civil disturbances, acts of any governmental or local authority, and any other acts and causes, not within the control of the party claiming excuse from performance, which by the exercise of due diligence and reasonable commercial effort, that party shall not have been able to foresee, avoid or overcome.
7. RETURN POLICY
Buyer shall inspect the products within full length of warranty period, and shall be able to return products within that time period for any reason, and receive full credit. Every item shall have a minimum of 12 months base warranty, plus 6 months shelf life due to duration of production process, for a total of 18 months warranty. Buyer shall not be penalized for return of commercial off the shelf (COTS) items, to include any re-stocking fees. If original packaging is missing and deemed critical for return, return is still possible with a 15% restocking fee.