Terms and Conditions of Invoice
Terms and Conditions of Orders and Quotes
Terms and Conditions of Purchase Orders
TERMS AND CONDITIONS OF INVOICE
1. Agreement: In consideration of M & E Manufacturing ("Seller") agreeing to sell to the Buyer, the Buyer agrees as follows: The terms and conditions of this Invoice together with the terms and conditions of any other credit application, quotation, confirmation and/or invoice prepared by Seller constitute the agreement between the parties (the "Agreement"). Buyer agrees to each and every term contained in the Agreement as a precondition to Seller's performance. Any term or condition in any purchase order or other form or document issued by Buyer, regardless of the materiality of the term or condition, that differs from or is contrary to the terms and conditions contained in the Agreement are objected to and excluded unless expressly agreed to in a written acknowledgment issued by Seller. No other terms or conditions not set forth in the Agreement shall apply unless expressly agreed to in a written acknowledgment issued by Seller.
2. Payment: Payment shall be made by the 10th of the month following delivery. A time-price differential charge equal to 1.7% per month (20.4 % per annum) will be charged on all balances not paid in full as of the 25th of the month on which the payment is due. If Buyer's financial responsibility shall become unsatisfactory to Seller at any time and for any reason, Seller shall have the right, in addition to whatever other rights Seller may have at law or equity, to require payment in cash or to obtain satisfactory security from Buyer before making any further deliveries. In case any payment is not made when due, Seller shall have the right, in addition to its other remedies, to seek specific performance of this Agreement, to suspend any further deliveries, alter payment terms, or terminate this Agreement. Approval of credit for one or more deliveries shall not be deemed a waiver of this provision.
3. Disclaimer of Warranties. SELLER DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE GOODS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION DESCRIPTION, QUALITY, DESIGN, PERFORMANCE, SPECIFICATIONS, CONDITION, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. BUYER ACKNOWLEDGES THAT BUYER IS NOT RELYING ON SELLER'S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE.NO PERSON, INCLUDING BUYER, IS AUTHORIZED BY SELLER TO MAKE WARRANTIES OR ASSUME ANY LIABILITY FOR SELLER WITH RESPECT TO THE GOODS OR SERVICES. ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHALL NOT BE RELIED ON BY BUYER AND ARE NOT PART OF THE AGREEMENT. SELLER'S WARRANTY OBLIGATIONS, AND BUYER'S REMEDY, ARE SOLELY AS STATED IN THIS AGREEMENT.
IN ADDITION, AND WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, SELLER ASSUMES NO LIABILITY WHATSOEVER FOR MATERIAL ORDERED WITH ONE OR MORE UN-TIGHTENED FLANGES.
4. Notice of Claims. Buyer shall inspect the products immediately upon delivery. Notice of any claim for shortage or defects shall be made to Seller within five (5) days after delivery. Buyer agrees that this 5-day inspection period is reasonable and allows it sufficient time to inspect the goods and/or obtain the necessary inspection by other parties. If, within the 5-day inspection period, Buyer provides to Seller, in writing, satisfactory evidence establishing a defect or non-conformity in the goods, then, subject to the limitations set forth in this Agreement, Seller, in the exercise of its sole discretion, shall have 21 days to either remedy the defect or non-conformity, or accept return of the goods. The failure of the Buyer to provide written notice of a defect or non-conformity in the goods within 5 days following delivery shall constitute acceptance of the goods and an absolute and unconditional waiver of any claim relating to defect or non-conformity in the goods.
5. Restocking Fee: Except as expressly set forth herein, Buyer may not return any products without Seller's written consent. All returns are subject to a restocking fee/handling charge, which may change from time to time. Contact Seller to determine the exact amount.
6. Force Majeure: Seller shall not be liable for any delay or impairment of performance resulting in whole or in part from any cause beyond Seller's control including, without limitation, fires, floods, explosions, accidents or other catastrophes, acts of God, strikes, lockouts or labor disruption, wars, riots or embargo delays, government allocations or priorities, shortages of transportation, fuel, labor or materials, inability to procure the products or raw materials, severe weather conditions, changes of law or regulation, or any other circumstance or cause beyond Seller's control. Such excuse from performance shall extend so long as the event continues to delay or impair Seller's performance.
7. Field Representations: The services of Seller's representatives in the field are offered on request and when personnel are available for such period of time and for such charge as Seller deems appropriate. Any such service is offered only on the condition that Seller shall not be deemed to have approved of, or in any manner to have assumed responsibility for, the engineering, design, supervision, inspection, or quality of the workmanship of the job. In addition, Buyer agrees that it is in exclusive control of the means and methods of installation of the goods. IN NO EVENT SHALL THE SERVICES OR STATEMENTS OF SELLER'S REPRESENTATIVE CREATE A WARRANTY, EXPRESS OR IMPLIED, OR ANY OTHER OBLIGATION WITH RESPECT TO ANY PRODUCT OR SERVICE OF SELLER.
8. Security Interest: Title to the products sold pursuant to the Agreement shall remain with Seller until all payments therefore shall have been made in full in cash. Seller shall retain a security interest in the Products and the proceeds thereof as security for Buyer's performance of its obligations. Buyer hereby authorizes Seller to create and file a financing statement. Buyer agrees to execute and deliver such other documents necessary to create, perfect, preserve or enforce such security interest.
9. Limitation of Liability:
a. Exclusive Remedy. The exclusive remedy for the Buyer for any damages incurred as a result of the Agreement is limited to the return of the purchase price of the goods. In no event shall Seller be liable to Buyer or any other person or entity for damages of any kind, including, without limitation, indirect, special, incidental, consequential or punitive damages, arising from the sale of the Products or in connection with the use or inability to use the Products for any purpose whatsoever, irrespective of whether the claims or actions for such damages are based upon contract, tort, negligence, strict liability, warranty or otherwise. In no event shall Seller incur any liability whatsoever for damages of any kind arising out of or relating to delay in delivery.
b.Purchase Price: Should the remedy of replacement be found to be inadequate or to have failed of its essential purpose for any reason whatsoever, Buyer agrees that return to it of the full purchase price of the particular products by Seller shall prevent the remedy from failing of its essential purpose and shall be considered by Buyer a fair and adequate remedy.
10. Costs of Collection: In the event Buyer or Guarantor shall default in any way on Buyer's or Guarantor's obligations under this or any other Agreement, including without limitation the failure to make a timely payment, Buyer and Guarantor shall be liable to Seller for all of Seller's costs of collection including, but not limited to, attorney's fees and expenses.
11. Miscellaneous:
a. Unless specifically noted otherwise, prices do not include present or future federal, state or local taxes. All taxes shall be for the Buyer’s account.
b. Prices do not include the cost of any independent laboratory inspection if such should be required.
c. Quoted deliveries are based on estimates at the time of quotation. Seller will devote its best efforts to meeting the delivery schedules but assumes no liability for additional costs or damages resulting from later deliveries.
12. Governing Law/Jurisdiction-Venue/Statute of Limitations: This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan without regard to its conflict of law doctrine. By entering into this Agreement, Buyer waives any right to a jury trial. By entering into this Agreement Buyer agrees to submit itself to jurisdiction in Michigan and to venue in any state or federal court located in Kent County, Michigan. BUYER WAIVES ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY IF NOT BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION FIRST ACCRUED TO BUYER.
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TERMS AND CONDITIONS OF ORDERS AND QUOTES
1. Agreement: In consideration of M&E Manufacturing (“Seller”) agreeing to sell to the Buyer, the Buyer agrees as follows: The terms and conditions of this Quotation together with the terms and conditions of any credit application, quotation, confirmation and/or invoice prepared by Seller constitute the agreement between the parties (the “Agreement”). Buyer agrees to each and every term contained in the Agreement as a precondition to Seller’s performance. Any term or condition in any purchase order or other form or document issued by Buyer, regardless of the materiality of the term or condition, that differs from or is contrary to the terms and conditions contained in the Agreement are objected to and excluded unless expressly agreed to in a written acknowledgment issued by Seller. No other terms or conditions not set forth in the Agreement shall apply unless expressly agreed to in a written acknowledgment issued by Seller.
2. Payment: Payment shall be made by the 25th of the month following delivery. A time-price differential charge equal to 1.7% per month (20.4 % per annum) will be charged on all past due balances. If Buyer’s financial responsibility shall become unsatisfactory to Seller at any time and for any reason, Seller shall have the right, in addition to whatever other rights Seller may have at law or equity, to require payment in cash or to obtain satisfactory security from Buyer before making any further deliveries. In case any payment is not made when due, Seller shall have the right, in addition to its other remedies, to seek specific performance of this Agreement, to suspend any further deliveries, alter payment terms, or terminate this Agreement. Approval of credit for one or more deliveries shall not be deemed a waiver of this provision.
3. Disclaimer of Warranties. SELLER DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE GOODS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION DESCRIPTION, QUALITY, DESIGN, PERFORMANCE, SPECIFICATIONS, CONDITION, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. BUYER ACKNOWLEDGES THAT BUYER IS NOT RELYING ON SELLER’S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE. NO PERSON, INCLUDING BUYER, IS AUTHORIZED BY SELLER TO MAKE WARRANTIES OR ASSUME ANY LIABILITY FOR SELLER WITH RESPECT TO THE GOODS OR SERVICES. ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHALL NOT BE RELIED ON BY BUYER AND ARE NOT PART OF THE AGREEMENT. SELLER’S WARRANTY OBLIGATIONS, AND BUYER’S REMEDY, ARE SOLELY AS STATED IN THIS AGREEMENT.
4. Notice of Claims. Buyer shall inspect the products immediately upon delivery. Notice of any claim for shortage or defects discoverable on such inspection shall be made to Seller within five (5) days thereafter. Buyer shall, upon Seller’s request, furnish reasonable proof of any claimed defect and Seller shall be given an opportunity to investigate. Failure of Buyer to give notice of any claim within the specified period shall be deemed an absolute and unconditional waiver of such claim.
5. Risk of Loss: The products sold pursuant to this Agreement are sold F.O.B. Seller’s place of business. Purchaser assumes responsibility for all costs of transportation. If Seller assists Purchaser in this regard, it is agreed that such assistance is gratuitous, and Seller shall have no obligation or liability arising out of such assistance. Risk of loss shall pass to Buyer when Seller completes its performance with respect to delivery of the products to Buyer.
6. Force Majeure: Seller shall not be liable for any delay or impairment of performance resulting in whole or in part from any cause beyond Seller’s control including, without limitation, fires, floods, explosions, accidents or other catastrophes, acts of God, strikes, lockouts or labor disruption, wars, riots or embargo delays, government allocations or priorities, shortages of transportation, fuel, labor or materials, inability to procure the products or raw materials, severe weather conditions, changes of law or regulation, or any other circumstance or cause beyond Seller’s control. Such excuse from performance shall extend so long as the event continues to delay or impair Seller’s performance.
7. Field Representations: The services of Seller’s representatives in the field are offered on request and when personnel are available for such period of time and for such charge as Seller deems appropriate. Any such service is offered only on the condition that Seller shall not be deemed to have approved of, or in any manner to have assumed responsibility for, the engineering, design, supervision, inspection, or quality of the workmanship of the job. IN NO EVENT SHALL THE SERVICES OR STATEMENTS OF SELLER’S REPRESENTATIVE CREATE A WARRANTY, EXPRESS OR IMPLIED, OR ANY OTHER OBLIGATION WITH RESPECT TO ANY PRODUCT OR SERVICE OF SELLER.
8. Security Interest: Title to the products sold pursuant to the Agreement shall remain with Seller until all payments therefore shall have been made in full in cash. Seller shall retain a security interest in the Products, the accounts receivable related to the Products and the proceeds from the sale of the Product as security for Buyer’s performance of its obligations. Buyer hereby authorizes Seller to create and file a financing statement. Buyer agrees to execute and deliver such other documents as necessary to create, perfect, preserve or enforce such security interest.
9. Limitation of Liability:
a. Exclusive Remedy. The exclusive remedy for the Buyer for any damages incurred as a result of the Agreement is limited to the return of the purchase price of the goods. In no event shall Seller be liable to Buyer or any other person or entity for damages of any kind, including, without limitation, indirect, special, incidental, consequential or punitive damages, arising from the sale of the Products or in connection with the use or inability to use the Products for any purpose whatsoever, irrespective of whether the claims or actions for such damages are based upon contract, tort, negligence, strict liability, warranty or otherwise. In no event shall Seller incur any liability whatsoever for damages of any kind arising out of or relating to delay in delivery.
b. Purchase Price: Should the remedy of replacement be found to be inadequate or to have failed of its essential purpose for any reason whatsoever, Buyer agrees that return to it of the full purchase price of the particular products by Seller shall prevent the remedy from failing of its essential purpose and shall be considered by Buyer a fair and adequate remedy.
10. Costs of Collection: In the event Buyer or Guarantor shall default in any way on Buyer’s or Guarantor’s obligations under this or any other Agreement, including without limitation the failure to make a timely payment, Buyer and Guarantor shall be liable to Seller for all of Seller’s costs of collection including, but not limited to, attorney’s fees and expenses.
11. Governing Law/Jurisdiction-Venue/Statute of Limitations: This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan without regard to its conflict of law doctrine. By entering into this contract, Buyer waives any right to a jury trial. By entering into this agreement Buyer agrees to submit itself to jurisdiction in Michigan and to venue in any state or federal court located in Kent County, Michigan. BUYER WAIVES ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY IF NOT BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION FIRST ACCRUED TO BUYER.
12. Special Orders: All special order items are designated by a “#” and require a signed confirmation before Seller will Order the part. Special Order items may not be returned without a return authorization signed by an M&E Manufacturing Representative. Any returned or cancelled special order item will have a minimum 35% restocking fee. Any special order item not returnable to the manufacturer becomes the property of the Contractor.
13. No Representation of Accuracy: This Quotation involves our interpretation of the materials required by the plans and specifications prepared by the engineer/architect/contractor relative to the project. WE MAKE NO REPRESENTATION AS TO THE ACCURACY OF OUR INTERPRETATION. The person or entity to whom this Quotation is directed, by receipt of this Quotation, agrees to accept all responsibility for determining the materials and quantities required for the project.
14. Quotation Not Transferable: This Quotation is based on various business factors and considerations and may not be used by any other contractor or any other person or entity without the express written consent of Seller. Seller reserves the right to discount the quoted prices for any reason and in any amount without offering such discount to any other contractor or any other person or entity.
15. Quotation Not Offer: This Quotation is not an offer to sell. All purchase orders and shipments are subject o the prior approval of Seller’s Credit Department. No purchase order should be considered as accepted until acknowledged in writing by a duly authorized representative of Seller.
16. Termination of Quotation: This Quotation will become void at 11:59 P.M. Eastern Time, thirty (30) days after the date this Quotation was created. An order resulting from the Quotation must be placed and released within thirty (30) days of the Quotation in order for the prices set forth therein to remain firm.
17. Cancellation: Goods purchased, orders made and/or charges incurred by Seller on good faith reliance on Buyer’s order (either verbal or in writing), which order Buyer subsequently cancels, will be chargeable to Buyer to the same extent paid by Seller.
18. Escalation: Seller reserves the right to escalate prices up to 10% cumulatively for each 60-day period or fraction thereof following price protection.
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TERMS AND CONDITIONS OF PURCHASE ORDER
M&E Manufacturing Purchase Orders are made subject to the following terms and conditions, in addition to those stated or referenced on the Purchase Order, and include any drawings, specifications, schedules, exhibits or other writings incorporated herein. As used in this Purchase Order “Buyer” means M&E Manufacturing; “Seller” means the party named on the Purchase Order; and “UCC” means the Uniform Commercial Code in effect from time to time in the state of Michigan.
1. Agreement:
In consideration of Seller agreeing to sell, and Buyer agreeing to buy, the Seller agrees as follows: The terms and conditions of this Purchase Order together with the terms and conditions of any other document prepared by Buyer and sent to Seller constitute the agreement between the parties (the “Agreement”). Seller agrees to each and every term contained in the Agreement as a precondition to Buyer’s performance. Any term or condition in any invoice, acknowledgment, or other form or document issued by Seller, regardless of the materiality of the term or condition, that differs from or is contrary to the terms and conditions contained in the Agreement are objected to and excluded unless expressly agreed to in a written acknowledgment issued by Buyer. No other terms or conditions not set forth in the Agreement shall apply unless expressly agreed to in a written acknowledgment issued by Buyer.
2. Seller’s Acceptance:
Acceptance of this Purchase Order is expressly limited to the terms and conditions contained herein. Any additional or different terms or conditions proposed by Seller shall constitute a counteroffer. Seller accepts this Purchase Order by signing and returning an acknowledgment copy of this Purchase Order, other written notice of acceptance which expressly refers to this Purchase Order and accepts the terms hereof, or commencement of performance. Acceptance of the Purchase Order must be received by Buyer within the time period specified on the Purchase Order.
3. Purchase Order Changes:
Buyer may at any time by written notice to Seller make changes in any one or more of the following:
(i) applicable drawings, specifications, delivery schedules, exhibits or other writings forming a part of this Purchase Order;
(ii) method of shipment or packing;
(iii) place of delivery.
If any such change causes a decrease in the cost or the time required for performance of this Purchase Order, an equitable adjustment shall be made in the price or delivery schedule, or both, and this Purchase Order shall be modified in writing to reflect such changes. If any such change causes a increase in the cost or the time required for performance of this Purchase Order, in order for Seller to be able to recover such increase, Seller must immediately notify Buyer of its claim for such an increase. Buyer may then request from Seller an estimate of the increase in the cost or the time required for performance of any change prior to ordering the same, whereupon Seller shall promptly submit to Buyer a firm bid in writing stating the amount of any increase or decrease. Seller shall not proceed with the change for which any such estimate has been requested unless and until Buyer gives written notice to Seller to make such change.
4. Delivery:
Time is of the essence in this Purchase Order. Seller is responsible for all costs of delivery of goods and/or performance of services. Should Seller fail to comply with the delivery or performance terms of this Purchase Order, Buyer may terminate this Purchase Order in whole or part and may buy elsewhere and charge Seller any additional expense incurred thereby. Buyer expressly retains all its rights and remedies provided by law in the case of such default, and no action on the part of the Buyer shall constitute a waiver of any right or remedy. Neither Buyer nor Seller shall be liable by reason of any failure to deliver or delay in delivery due to any cause beyond reasonable control without fault or negligence.
5. Identification:
Identification of the goods shall occur upon Seller’s acceptance of this Purchase Order or as soon thereafter as the goods are identifiable.
6. Risk of Loss:
Risk of Loss shall be upon the Seller until receipt of the goods by Buyer at the location identified on this Purchase Order or at such other location identified by Buyer.
7. Seller Warranties:
(a) Seller warrants that the goods and/or services subject to this Purchase Order will conform to all applicable specifications and samples furnished or accepted by Buyer, will conform to any representations or statements made by Seller to Buyer, will consist of only first-class workmanship and materials (all of which materials shall be new unless otherwise specifically allowed by notation by Buyer on the Purchase Order), and will be free from any defects, latent or patent, in material, design, or workmanship; Seller acknowledges that Buyer has relied on representations or statements made by Seller to Buyer, and that Buyer is relying on Sellers’ expertise, knowledge, skill, and judgment.
(b) Seller warrants that it has complied, and the goods and/or services covered by this Purchase Order will comply, with all applicable federal, state and local laws, rules, regulations and orders, which directly or indirectly regulate or affect the manufacture and/or sale of such goods or services. Seller will furnish Buyer with guarantees and assurances in accordance with the applicable provisions of any such law, rule, regulation or order which provide a specific written guarantee or assurance to be given by Seller with respect to such goods or services.
(c) Seller warrants that it has, or will have, at the time of delivery, good title to the goods covered by this Purchase Order, and that it has a right to transfer such goods, free from any security interest, lien or encumbrance. Before final payment, Seller shall, if requested, satisfy Buyer by affidavits or otherwise, that there is no outstanding security interest, lien or encumbrance for labor or material against the goods delivered to Buyer.
8. Disclaimers and Limitation of Liability Ineffective:
Any attempt by Seller to disclaim any warranties, including those specified under the UCC, shall be ineffective. Seller shall remain liable for any indirect, special, incidental, consequential or punitive damages caused by Seller, and any attempt by Seller to limit Seller’s liability as to Buyer shall be ineffective.
9. Price:
(a) The price of the goods and/or services covered by this Purchase Order shall be the lesser of
(i) the amount specified on the Purchase Order or
(ii) the lowest price in effect on the date of shipment for comparable goods and/or services in comparable quantities, and Seller
shall promptly notify Buyer in writing of any reduction in price required hereunder.
(b) Buyer is not responsible for any charge not appearing on this Purchase Order.
10. Invoices and Payment:
(a) An invoice for goods and/or services, with evidence of shipment properly signed by carrier’s representative, if applicable, shall be submitted to Buyer for each shipment or performance of services. Error or omissions on invoices or delay in the receipt of invoices shall entitle Buyer to withhold payment without penalty or loss of any discount. Payment shall be made per the payment terms on the Purchase Order.
(b) Except as otherwise provided herein, payment for goods and/or services covered by this Purchase Order shall be made only
(i) after arrival of goods at destination or after completion of services,
(ii) after Buyer’s inspection and acceptance of goods and workmanship,
(iii) after receipt of the appropriate and corrective invoices, and
(iv) insofar as final payment is concerned, after Seller has complied with all of its obligations to Buyer. Buyer shall have
the right to set off against this Purchase Order any amounts that Seller may owe to Buyer.
(c) Neither inspection nor payment shall be deemed to waive any rights of the Buyer.
11. Right of Inspection:
Buyer shall have the right to inspect the goods and/or services at the time and place of delivery or performance before paying for or accepting them.
12. Buyer’s Property:
(a) Any property furnished by Buyer to Seller in connection with this Purchase Order shall be and
remain Buyer’s property and Seller shall be deemed to be an insurer thereof.
(b) Seller shall segregate, clearly mark and maintain complete inventory of all such property and will notify Buyer of any loss or destruction of or damage to such property.
(c) Upon termination or completion of this Purchase Order Seller shall deliver any such property to Buyer, in good condition subject to ordinary wear and tear and normal manufacturing losses, in accordance with Buyer’s instructions, or shall otherwise dispose of such property as directed by Buyer.
(d) Seller shall maintain fire insurance with extended coverage and theft insurance for any such property and provide evidence of such coverage upon request.
13. Confidential Information:
Seller acknowledges that any data, designs or other information disclosed by Buyer to Seller in connection with this Purchase Order is confidential and proprietary to Buyer and that use of or disclosure of this information other than as may be required in the course of Seller’s performance of this Purchase Order will be detrimental to Buyer. Seller shall not in any manner advertise, publish or release any information concerning this Purchase Order without the prior written consent of Buyer, except as may be required by law.
14. Assignment and Transfer:
Seller shall not assign or transfer any of its rights or obligations under this Purchase Order without the express prior written consent of Buyer.
15. Remedies:
Buyer and Seller shall have all of the remedies afforded by the UCC, as well as any other remedies which may be provided by law.
16. Costs of Breach:
In the event Seller shall breach in any way Seller’s obligations under this, or any other agreement, to Buyer, Seller shall be liable to Buyer for all of Buyer’s costs of remedying the breach including, but not limited to, attorney’s fees and expenses.
17. Waiver:
Failure of Buyer to insist upon strict adherence to any term of this Purchase Order on any occasion shall not be considered a waiver or deprive Buyer of the right thereafter to insist upon strict adherence to that term or any other term of this Purchase Order. Any waiver must be in writing and signed by an authorized representative of Buyer.
18. Governing Law:
This Purchase Order shall be governed by and construed in accordance with the laws of the State of Michigan without regard to its conflict of law doctrine.
19.Entire Agreement:
This Purchase Order, and the terms and conditions hereof, contains the complete agreement of the parties as to its subject matter, supersedes all prior agreements with respect to its subject matter, and may not be amended or discharged except in writing signed by the duly authorized representatives of both parties.
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M & E Manufacturing, 530 32nd St., SE, Grand Rapids, MI 49548 Phone: (616) 241-2109
Copyright © 2009 M & E Manufacturing
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