Terms and Conditions of purchasing between the customer and PWI Inc.
Lead times subject to change based upon availability of parts at time of order.
PWI has a $100.00 USD Purchase Order minimum and a $50.00 USD line item minimum.
Quoted prices are good for 60 days
ACCEPTANCE: This order is Buyer’s offer to purchase the goods and/or services described on the face of the order from Seller. Buyer’s placement of this order with Seller is expressly conditioned upon Seller’s acceptance of all of the terms and conditions of purchase contained on or attached to this order. Any additional or different terms or conditions which may appear in any communication from Seller are hereby expressly objected to and shall not be effective or binding unless specifically agreed to in writing by Buyer’s Purchasing Department, and no such additional or different terms or conditions in any printed form of Seller shall become part of this contract despite Buyer’s acceptance of goods or services, unless such acceptance specifically recognizes and assents to their inclusions. Any objection by Seller to the terms and conditions hereof shall be ineffective unless Buyer is advised in writing thereof within five days of the date of this order, or prior to the scheduled delivery date, whichever comes first. Seller accepts this order and forms a contract by shipment of any good or performance of any work/services under this order.All Sales are Final. No Cancellations and No Returns.
REJECTION: All goods purchased hereunder are subject to Buyer’s inspection and approval. Goods rejected by Buyer for acceptable reasons shall be held, transported and/or stored at Seller’s sole expense. Seller shall promptly reimburse Buyer for any such expenses.
NONCONFORMANCE: Seller must notify PWI of any nonconforming product. Seller must obtain PWI’s expressed permission for nonconforming product disposition.
DOCUMENT RETENTION/FLOWDOWN: Seller agrees to flow down all pertinent documents and customer requirements to any sub-tier suppliers where applicable. Document retention must be maintained for a minimum of 10 years.
CANCELLATION: Buyer may cancel the order, in whole or in part, at any time, by a written notice to seller. Seller shall, upon request by buyer transfer title and deliver to buyer such work in process or completed goods as may be requested by buyer. Buyer agrees to pay for any parts in production process, and material in house within reasonable lead time to manufacture purchased product. Buyer is not responsible for parts brought in outside of need dates to manufacture product based on delivery dates of purchase order. Buyer is not responsible for any parts manufactured ahead of delivery schedule and fair production time. Buyer agrees to pay restocking fees or other costs that directly relat to cancellation of order. Buyer reserves the right to cancel any portion or all of the order without penalty or cost should the seller not meet agreed upon ship dates, or product requirements. Buyer may terminate all or part of this order in the event of any breach by Seller under this order.
PACKING LIST: Packing List much be furnished with each shipment, clearly indicating customer part and purchase order number at a minimum.
TOOLING: By acceptance of a tooling purchase order, Seller agrees that PWI Inc. is the sole, undisputed owner of the design and tooling of all product(s) for which that tooling is used for. Any tooling paid for by Buyer will be the sole property of Buyer and should for any reason the Buyer chose to no longer use Sellers services, Seller agrees to ship any and all tooling back to PWI Inc. at the expense of PWI Inc.
PRICES: If price is not stated on this purchase order, it is agreed that the goods or services shall be billed at the price last quoted, or paid by the customer of Seller, or the prevailing market price, whichever is lower.
LIENS, CAIMS, and ENCUMBRANCES: Seller agrees that any and all goods will, when delivered hereunder, be free and clear of all liens, claims, or encumbrances of any kind. Title and risk of loss shall pass upon delivery of the goods.
INFRINGMENTS; COMPLIANCE WITH LAWS: Seller warrants that Buyer’s purchase, installation, and/or use of the goods covered hereby will not result in any claim of infringement, or actual infringement of any patent, trademark, copyright, franchise, or other intellectual property right.
SHIPPING INSTRUCTIONS: All shipments of parts are to be per instructions on the purchase order. Buyer reserves the right to reject unauthorized C.O.D. shipments. Seller shall not insure the goods for Buyer’s account during shipment except upon Buyer’s written request, or where the shipping mode is parcel post.
TERMS AND CONDITIONS OF SALES BETWEEN PWI, INC. (Seller) and CUSTOMER (Buyer)
QUOTES: Prices, terms, and conditions of sale are good for 60 days. Every effort will be made to provide reasonable notice of changes in prices on stock, standard parts.
RETURN OF MATERIAL: All returns must be approved by seller, unless returning for repair services. Any returned parts for warranty shall be evaluated and determined by seller of warranty consideration. All customers must inspect all product upon receipt. Any product returned for defects upon arrival must be returned within 30 days for any warranty consideration.
CREDIT TERMS: Open accounts may be applied for. Upon approval open accounts will be Net 30 days unless otherwise agreed upon in writing. All other accounts are due at time of sale.
CANCELLATION: Any request for cancellation must be presented to seller in writing. Seller may accept cancellation of an order for standard parts prior to standard lead time. Within standard lead time, cancellation may be refused or subject to a cancellation charge. Request for cancellation of any non-standard parts are subject to cancellation charges up to 100%. Blanket order cancellation will be based on the original ship schedule, not on subsequent delivery re-schedules. Any parts in assembly process must be taken at the full price. Seller agrees to pay any price differences incurred due to lower purchased amounts as a result of cancellation. Any NCNR parts will be charged Buyer at rate seller paid for said parts.
WARRANTY: Unless otherwise agreed upon in writing, PWI product has a one (1) year warranty from date of manufacturing, and any repaired items have a six (6) month warranty from the date of repair. Any overhauled product shall have the same one (1) year warranty as a new sales starting at time of overhaul.
FREIGHT CHARGES: Shipments are sold FOB origin. Seller reserves the right to select the method and type of transportation to the buyer. All shipping and handling charges, including excess packing, shipping, transportation charges, expediting and special handling costs shall be the responsibility of the buyer.
GOODS DAMAGED IN TRANSIT/CONCEALED DAMAGE: Damage to goods in transit is the liability of the carrier. It is the responsibility of the buyer to document and report all damages to the carrier without delay. Any evidence of damage must be retained by the buyer for inspection by the carrier. If damage was not noted and reported at the time of the receipt of the goods, the carriers may refuse liability for concealed damage reported after 30 days. Seller does not accept liability for goods damaged in transit.
TAXES: Any responsibility for any taxes that might be due on the product is solely the responsibility of the buyer.
GOVERNING LAW: All contracts between buyer and seller shall be governed by and construed in accordance with the applicable laws of the State of Kansas.