4Front Engineered Solutions, Inc

Description

Revision Date: 26-NOV-07 Versión espaГ±ola Version française 1. ACCEPTANCE. These Terms and Conditions of Purchase (these "Terms and Conditions") shall be incorporated as part of, and shall apply to, Buyer's purchase of goods and/or services under each Purchase Order (an "Order") that references and incorporates these Terms and Conditions. Seller's acceptance of an Order shall be deemed to occur upon the earlier of: (a) Seller's signing and returning the acknowledgment copy of the Order, or (b) Seller's commencement of manufacturing or shipment of goods or performance of services under the Order. Seller's acceptance of the Order is expressly limited to these Terms and Conditions. Any additional and/or conflicting terms and conditions in any bid, quotation, proposal, offer of sale, acknowledgement or other document issued or provided by Seller are hereby specifically rejected unless they are expressly accepted in writing and signed by an officer of Buyer. Upon acceptance, the Order constitutes the entire agreement of Buyer and Seller with respect to the goods and/or services described therein, and there are no agreements or understandings, express or implied, except as may be explicitly set forth in the Order. Trade usage and course of dealing or performance shall not be employed to vary, explain or supplement these Terms and Conditions. Any reference on the face of the Order to any bid, quotation, proposal, offer of sale or other document is deemed to be limited to the description of the goods and shall not affect or modify these Terms and Conditions. 2. DELIVERY SCHEDULE AND FORCE MAJEURE. Buyer requires 100% on-time deliveries and, therefore, time is of the essence of the Order. Seller, however, shall not anticipate delivery by purchasing materials or manufacturing goods in excess of what is reasonably required to meet Buyer's delivery schedule. Goods received by Buyer in advance of such schedule may, at Buyer's option, (a) be returned at Seller's risk of loss and expense, or (b) be accepted, with payment withheld until the date payment would have been due had the goods been delivered as scheduled. Buyer shall have no liability to Seller for Buyer's delay in performing, or failure to perform, any of its obligations under the Order to the extent such failure arises out of or relates to causes or events beyond Buyer's control. 3. INSPECTION AND REMEDIES. (a) Buyer (or Buyer's customer, including any governmental agency) shall have the right, but not the obligation, to inspect goods and services at times and places designated by Buyer before, during or after delivery or performance. If an inspection takes place at the premises of Seller or its suppliers, Seller shall provide, at Seller's expense, all reasonable facilities and assistance to such inspectors. Seller shall maintain a test and inspection system acceptable to Buyer.

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