THE FOLLOWING TERMS AND
CONDITIONS GOVERN THE SALE OF ALL SERVICES BY NP PROGRAMMING SERVICES
CORP. AND ITS DIVISIONS ("SELLER") AND APPLY NOTWITHSTANDIDNG
ANY CONFLICTING, CONTRARY OR ADDITIONAL TERMS AND CONDITIONS IN
ANY PURCHASE ORDER OR OTHER DOCUMENT OR COMMUNICATION ("PURCHASE
ORDER") FROM BUYER. THESE TERMS AND CONDITIONS MAY ONLY BE
WAIVED OR MODIFIED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED
REPRESENTATIVE OF SELLER. NEITHER SELLER'S ACKNOWLEDGMENT OF A PURCHASE
ORDER NOR SELLER'S FAILURE TO OBJECT TO CONFLICTING, CONTRARY OR
ADDITIONAL TERMS AND CONDITIONS IN A PURCHASE ORDER SHALL BE DEEMED
AN ACCEPTANCE OF SUCH TERMS AND CONDITIONS OR A WAIVER OF THE PROVISIONS
HEREOF.
- ORDERS: Orders shall be initiated by Buyer
issuing a Purchase Order or otherwise placing an order by electronic
means acceptable to Seller. Orders shall identify the Products,
unit quantities, part numbers, descriptions, applicable prices
and requested delivery dates.
- MINIMUM ORDER CHARGES: Seller reserves
the right impose a minimum line item order of fifty dollars ($50)
per line item to cover handling costs for line items not exceeded
fifty dollars ($50) at the quoted price.
- PRICES: Prices shall be as specified by
Seller and shall be applicable for the period specified in Seller's
quote. If no period is specified, prices shall be applicable for
thirty (30) days.
- MODIFICATION OF ORDERS: Seller retains
the right to reschedule or split line items in the Purchase Order
without liability as long as reschedules are requested prior to
acceptance of Purchase Order by Seller. The Buyer may request
to reschedule deliveries, and Buyer agrees to confirm such request
on Seller's documentation. Buyer agrees that a fifty dollar ($50)
charge per line item will apply. It is the responsibility of Buyer
to advise Seller in writing of any potential part shortages, obsolescence
and/or end of life.
- CANCELLATION: Buyer may cancel any Purchase
Order with written notification to the Seller. Buyer agrees that
all services and materials used in the production of product to
the point of cancellation will be invoiced, and that the Seller
will honor the invoice as described in Term of Payment.
- TERMS OF PAYMENT: Payment shall be net
fifteen (15) days from date of invoice or as otherwise specified
by Seller. Buyer agrees to pay the entire net amount of each invoice
from Seller pursuant to the terms of each such invoice without
offset or deduction.
- DELIVERY AND TITLE: All shipments by Seller
are F.O.B. point of origin and all transportation charges shall
be paid by Buyer in addition to the price of the Services.
- NON-CONFORMANCE: Seller reserves the right
to cancel any order and return product to Buyer at Buyer's expense
for any non-conforming material as documented in the Purchase
Order. It is the responsibility of Buyer to notify Seller of any
non-conforming material received in a timely manner, and to provide
documentation of test results and unused product to Seller for
evaluation.
- ON TIME OR FREE POLICY: Seller warrants
that missed deliveries due to Seller will be processed free of
charge, excluding shipping charges. Buyer acknowledges that this
policy is valid only upon acceptance by Seller of delivery date(s)
listed on Purchase Order. Buyer further acknowledges this policy
shall not be honored if Buyer is delinquent in paying invoices
beyond the Terms of Payment stated herein or as stated on quotation.
- OTHERS: Seller requires that our part
number(s), when applicable, and purchase order number(s) to be
identified on all correspondences and packaging. This includes:
- Acknowledgements
- Packing Slips
- Invoices
- All of the
products packaging (i.e. bags, boxes, etc.)
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