1. ACCEPTANCE. The seller is required to acknowledge acceptance and provide a committed ship date within 24 hours of receipt of this Purchase Order. Any terms or conditions proposed by seller in accepting buyers offer which are inconsistent with or in addition to the terms and conditions herein set forth, shall be void and of no effect except to the extent expressly agreed to by buyer in writing. Seller shall be bound by this order, and its terms and conditions, when it acknowledges this order, or when it delivers to buyer any of the items ordered, or when it renders for buyer any of the services herein.
2. PACKING AND DELIVERY. Delivery, unless otherwise agreed, must be completed within the time stated on this order. In case of any delay in delivery beyond the scheduled time, the seller shall notify the buyer immediately upon knowing of such delay. Specified on the face hereof all charges for packing, crating, hauling, storage and transportation to point of delivery are included in the purchase price and will be paid by the seller. Special containers furnished by the seller shall remain its property and be returned as promptly as possible to the seller at its expense. If delivery by premium transportation is necessary, charges will be paid by the seller.
3. WARRANTIES. Seller warrants all goods and services delivered hereunder to be free from defect of material or workmanship and to conform strictly to the specifications, drawings, or samples, if any, specified or furnished. This warranty shall survive any inspection, delivery, acceptance or payment by buyer.
4. TERMS. Terms are specified on this order. Payment period will start from date of receipt of goods or invoice receipt, whichever is later.
5. INSPECTION. Material shipped on this order must be shipped subject to buyer’s inspection. If material is rejected by the inspector, it will be returned to shipper at shipper’s expense plus charged for repackaging, materials, labor and inbound freight costs.
6. PATENTS. The seller hereby agrees to defend, at its own expense, any suit or legal proceeding instituted against buyer, and to pay all damages and costs awarded therein against buyer resulting from any claim of patent infringement by reason of buyer purchasing and subsequently using or reselling goods covered by this order unless such claim arises out of seller’s compliance with non-standard specifications furnished by buyer.
7. COMPLIANCE. The parties agree in executing this contract to comply with all applicable federal, state and local laws.
8. FAIR LABOR STANDARDS ACT. This order is placed with the understanding that the seller has in every respect complied with the provisions of the Fair Labor Standards Act of 1938, as amended.
9. There are incorporated in this Order the provisions of Executive Order 11246 (as amended) of the President of the United States on Equal Employment Opportunity and the Rules and Regulations issued pursuant thereto, with which the seller represents that it will comply, unless exempted.