Company Information | Careers | News | Contact Us | Sitemap | Login
Home arrow PO Terms and Conditions
Home
Cranes
Hoists
Service
Parts
Industries Served
Training
Login
morrislogo.jpg
TERMS AND CONDITIONS

 

1. Acceptance: To the extent this form is deemed an offer to purchase by Buyer, this offer expressly limits Supplier’s acceptance to the terms of this offer and
expressly rejects any proposals for deletions or additional terms to the contract. Supplier’s acceptance of this offer may be by execution and return of an
acknowledgment, or by any other conduct consistent with an acceptance including, but not limited to commencement of the work.

2. To the extent this form is deemed an acceptance by Buyer, this acceptance is limited to the terms stated on this acceptance. Buyer expressly rejects all conflictingor additional terms contained in the offer. Any conduct by Buyer consistent with this acceptance is not deemed to accept any conflicting or additional terms.

3. The Supplier shall provide to the Buyer the agreed technical documentation, drawings, operation and maintenance instructions, corresponding the actual performance or
delivery, in good time before the delivery of the Equipment, so that the Buyer has a reasonable time to approve the documentation. Such approval by the Buyer shall,
however, not affect the warranties or guarantees of the delivery given by the Supplier.

4. The title to Equipment or any parts thereof delivered by the Supplier shall be transferred to the Buyer at the time the Equipment or any parts thereof are delivered to the Buyer.

5. Price and Payment Terms: The purchase price shall fully cover the costs of all the obligations of the Supplier. The purchase price shall include all packing and
transportation costs, value added taxes, bank charges and any other similar taxes, duties or charges payable by the Supplier, as well as all other expenses the
Supplier may incur through its performance of the Contract. Any adjustment to the purchase price shall be agreed separately in writing.

6. Unless otherwise agreed in writing, the Buyer shall pay within fourteen (14) days after the delivery and receipt of invoice three (3)% cash discount or within sixty (60)
days net.

7. The Buyer may deduct any amount owed by the Supplier from any payment of the purchase price. The Buyer shall pay the disputed amounts of payments only
after the final settlement of such disputes.

8. Delivery Term and Passing of Risk:Any agreed delivery term shall be construed in accordance with INCOTERMS 2000. If no delivery term is specifically
agreed, the delivery term shall be FCA Origin Plant, Freight: Collect the place of ordering unit of the Buyer.

9. Changes: Buyer shall have the right at any time to make changes in drawings, designs, specifications, materials, packaging, time and place of delivery and
method of transportation. If any such changes cause an increase or decrease in the cost, or the time required for the performance, an equitable adjustment shall be
made and this agreement shall be modified in writing accordingly. Supplier agrees to accept any such changes subject to this paragraph.

10. Inspection/Testing: Payment for the gods delivered hereunder shall not constitute acceptance thereof. Buyer shall have the right to inspect such goods and to
reject any or all of said goods which are in Buyer’s judgment defective or nonconforming. Goods rejected and goods supplied in excess of quantities called for
herein may be returned to Supplier at its expense and in addition, to Buyer’s other rights, Buyer may charge Supplier all expenses of unpacking, examining,
repacking and reshipping such goods. In the event Buyer receives goods whose defects or nonconformity are not apparent on examination, Buyer reserves the
right to require replacement, as well as payment of damages. Nothing contained in this purchase order shall relieve in any way the Supplier from the obligation
of testing, inspection and quality control.

11. Warranty: Supplier warrants that all goods and services covered by this order shall conform exactly to the description and specifications of this order, and any
specifications and drawings upon which this order is based. All goods and services shall be of merchantable quality and workmanship, year 2000 compliant in all
respects, and be fit for their intended use. Supplier also warrants exact prices and delivery of exact quantities. The time frame of all warranties will be two (2)
years from the date of first use or any longer warranty period ordinarily offered by Seller. Such warranties shall survive all inspections, tests, and acceptance by
Buyer. In addition, all warranties shall run to Buyer, its successors, assigns, customers and users of the products sold by Buyer. Supplier’s obligations for breach
of warranty includes: complete replacement or repair of the goods, all installation charges incurred in fixing the goods, and all consequential and incidental
damages. Should Supplier’s warranty fail of its essential purpose, any limitation of Supplier’s liability for damages shall be void.

12. Time of the Essence: Time is of the essence in the performance of this order, unless explicitly stated otherwise. Where delivery dates are specified herein,
failure to deliver in accordance with them shall constitute a breach of this order unless such failure resulted in full from a fire or flood.

13. Delivery Time: After the delivery and the successful completion of the specified inspections and tests, the delivery of Equipment is deemed to have taken place,
provided that the Equipment meets all the requirements set forth in the Contract for the quality and workmanship, and the Buyer has received all documentation.
No delivery should be performed prior the agreed delivery date without prior written consent of the Buyer.

14. Delay of Supplier: Should the Supplier have reason to assume that he will not be able to keep the delivery time, he shall immediately notify the Buyer, stating
the cause and estimated duration of the delay.

15. Should the delivery time be exceeded for any reason other than Force Majeure, or for a reason attributable to the Supplier, the Buyer shall be entitled to compensation, as
liquidated damages, of 1 % of the purchase price of Order for each beginning day by which the delivery time is exceeded, up to the maximum of 15 percentage of the
purchase price of Order.

16. In the event of the Supplier's delay continue after the maximum amount of the liquidated damages has fallen due, the Buyer shall be entitled to terminate the
Contract with immediate effect and be entitled to further damages, in addition to those specified in this Article corresponding to the damage occasioned due to the
delay, such as additional installation costs.

17. Force Majeure: Buyer may delay without additional expense delivery or acceptance of good occasioned by causes beyond its direct control including, but not
limited to government action or failure to act, strike or other labor trouble, accident, fire, act of God or unusually severe weather.

18. Invoices: Itemized invoice, showing the correct purchase order number, accompanied by a manifest and bill of lading must be sent to Buyer at the time of
shipment. Shipper’s name must appear on all packages and pieces. Packing Slip must accompany each shipment.

19. Termination for Convenience of Buyer: Buyer reserves the right to terminate this order or any part hereof for its sole convenience. In the event of such
termination, Supplier shall immediately stop all work hereunder, and shall immediately cause any of its suppliers or subcontractors to cease such work. Supplier
shall be paid a reasonable termination charge consisting of only actual direct costs resulting from the work already performed. Supplier shall not be paid for any

 
HOME | COMPANY INFORMATION | CAREERS | NEWS | CONTACT US | LOGIN | SITEMAP | CRANES | HOISTS | SERVICE | PARTS | INDUSTRIES SERVED | TRAINING