Purchase Order Terms and Conditions
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1 Purchase Order Terms and Conditions Purchase Order Acceptance Terms All Purchase Orders accepted by GT Exhaust Company, Inc., a Nebraska corporation, GT are subject to the following terms and conditions. There will be no exceptions unless approved by the CFO. Term and Conditions consist of the following sections: 1. Delivery Terms 2. Purchase Order Terms and Conditions 3. Credit Terms for New Customers 4. Credit Terms for Established Customers 5. Cancellation Policy 6. Quality Commitment 7. RMA Policy 8. Privacy of our customers 1. Delivery Delivery from the Company is defined as the date/time the Equipment leaves the Company s Shipping Dock. GT Exhaust provides two options for Shipping Terms. By default, the Company shall choose Option 1 unless directed by the Purchaser or otherwise specified. a) Option 1: Shipment is FOB (Free On Board) Factory, Freight Prepaid & Add. a. The Company pays the freight charges and adds the freight charges to the Invoice to the Purchaser b. The Purchaser bears the freight charges c. The Purchaser assumes the title and control of the Equipment at the moment the carrier signs the Bill of Lading d. The Company reserves the right to select the freight carrier e. The Company is responsible for filing and settling claims for loss or damage of Equipment. b) Option 2: Shipment is FOB (Free On Board) Origin Freight Collect. a. The Purchaser assumes title and control of the Equipment at the moment the Carrier signs the Bill of Lading b. The Purchaser is responsible for filing and settling claims for loss or damage of Equipment c. The Purchaser pays and bears the freight charges
2 1. Accounts with a balance more than 60 days old may require past due amount to be paid prior to next shipment of parts. 2. Accounts with a balance more than 90 days old may require total open balance to be paid prior to next shipment of parts. 2. Purchase Orders Terms and Conditions 1. All purchase orders issued to GT must be confirmed in writing by GT before accepted and valid. 2. All Part prices and delivery terms must be confirmed in writing by GT before each purchase order is accepted. 3. All purchase orders, invoices and payments will be in U.S. Dollars only. 4. Overdue accounts may be subject to a finance charge of 2% per month. 3. Credit Terms for New Customers 1. New Customers may apply for Good Credit Status and Credit approval. Credit Approval is dependent on the Purchaser submitting a Credit Application, a completed W-9, and the following information to the Company s Finance Department: Purchaser Name, Main Address, Shipping Address, Billing Address, Phone #, Fax #, Purchaser Company Description, Three (3) References, Federal ID #, Sales/Use Tax Licenses, Officer Information, Accounting Contact Information, Bank Information 2. In some cases, GT may require initial purchase orders to be C.O.D or pre-paid to establish "Good Credit Status". 3. Customers late with payments may lose Good Credit Status and may need to re-negotiate credit terms on future purchase orders. 4. GT will accept ACH or credit terms if paid within the thirty days at no charge to customer 5. Checks must be payable to GT Exhaust, Inc. and drawn in U.S. Dollars. EFT/ACH, Wires, and Credit Cards are accepted. To wire your payment, please contact GT Exhaust, Inc. at , , or care@gtexhaust.com for our bank details. 4. Credit Terms for Established Customers 1. All customers with Good Credit Status will be allowed 30 days, from invoice date, for payments to arrive at GT Exhaust. Payments arriving after 30 days, from invoice date, are late. 2. Customers late with payments may lose Good Credit Status and may need to re-negotiate credit terms on future purchase orders.
3 5. Cancellation Policy This Agreement is not subject to cancellation except by mutual agreement and provided in writing by the Purchaser. Cancellation charges will be determined by the Company as follows and are subject to Payment Terms provided in Section 3: 1. No Cancellation Charges will be assessed against the Purchaser if no expenses were incurred, services rendered, or materials purchased by the Company to build the Purchase Order Equipment. 2. Cancellation Charges will be assessed to the Purchaser if expenses have been incurred or materials have been purchased to build the Purchase Order Equipment. 3. Cancellation Charges will be 100% of Purchase Order if Equipment is complete at the time the Cancellation is received. 4. The Company Reserves the Right to charge an additional cancellation fee if the cancellation of a Purchase Order has required additional special Engineering Design and Analysis time. 6. Quality Commitment 1. GT will supply parts to the quality requirements of the original purchase order. 2. Parts not meeting quality requirements of original purchase order and print may be returned (see RMA Policy ). 3. Any additions or changes in quality requirements or material changes need to be approved by GT prior to part delivery date. 4. If changes or additions are not approved by GT, the original purchase order and print revision will be the governing documents. 5. All acceptance criteria will be established by the part blueprint and the revision level stated on original purchase order. Inspection or acceptance criteria not indicated on the original print or purchase order will not govern acceptance of production part(s). 7. Return of Materials Authorization (RMA) RMA Policy In the unlikely event product is shipped out that does not meet the quality requirements of the purchase order and print. The Customer or Rep will need to contact Customer Care at GT and provide all relevant information in order to procure an RMA. Please have the following required information ready before you contact Customer Care to expedite the process: 1. Customer Name and Company Name 2. Phone Number and Address 3. Purchase Order and Reference Number is Required
4 GT classifies its RMA s into two categories: GT s Fault and Not GT s Fault: GT s Fault a) Incorrect Item or Shipment b) Order/Data Entry Error c) Part Does Not Meet GT s Quality Requirements d) Part Does Not Meet Purchase Order or Print e) Defective Part or Workmanship f) Freight Damage Only Applies to Option 1 Shipping. Not GT s Fault a) Customer s Order/Data Entry Error b) Wrong part number or dimension referenced in the Purchase Order or Print. c) Poor Workmanship on Installation of Equipment. d) GT is not responsible for freight damage on F.O.B. origin freight collect shipments. e) End user canceled ordered. Complicated or Complex issues will require a Quality Manager and Technical Manager from GT to determine concessions and/or RMA approval. The customer s invoice for the product will be put on-hold until the potential issue can be determined. GT may require a Technical Manager to visit the site or to have the unit sent back to GT to determine the problem. Once the issue is determined an RMA will be issued for the product to either be evaluated at the site or at GT s plant. RMA Shipping Responsibility: In the event an RMA is issued shipping costs will be handled as follows: Not GT Exhaust s Fault Shipping will be negotiated at the time of RMA issue. GT Exhaust s Fault Shipping will be Prepaid by GT Exhaust, Inc. GT will determine whether to repair or replace the part in less than five (5) business days from the date the parts were received on the RMA. 1. If not repaired or replaced in thirty (30) business days, an account credit will be issued. 2. Our liability is limited to the invoiced value of the products we ship. 3. All rejected materials claims must be made thirty (30) business days from delivery of material. 4. If the parts are not returned to us within thirty (30) business days of the RMA date, the RMA will expire.
5 The customer can send product back to GT for a credit under the following conditions: 1. An RMA is issued. 2. There will be a restocking charge of 25% to the customer for a standard part or product that is listed in GT s published silencer or accessories price catalog. 3. A standard part or product that has any modifications from GT s published silencer or accessories price catalog will have a 50%restocking charge to the customer. Modifications to a standard are: Dual inlet, flush mount, adder, inlet/outlet rotation, spark box rotation, style 4 anything outside of these modifications would be considered a custom. 4. If GT deems it to be a custom part GT will give zero credit to the customer for said custom part or product. Modifications to a standard are: Dual inlet, flush mount, adder, inlet/outlet rotation, spark box rotation, style 4 anything outside of these modifications would be considered a custom. 8. Privacy of our Customers GT respects the privacy of our customers. We consider the following to be proprietary information. 1. We will not disclose to third parties our customers purchased part prices. 2. We will not disclose to third parties our customers exact purchasing quantities. 3. In some cases we will not admit to third parties of selling to a specific company. 4. We expect our customers to maintain the same confidentiality.
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