1.
All purchase orders are to be emailed to orders@xmultiple.com
or faxed to Xmultiple Technologies at (805) 579-7800
2.
All purchase orders are NCNR, price quoted, EX-Works Factory
and Net 30 days unless otherwise authorized.
3.
Changes to purchase orders must be in writing and require
an amended purchase order. Changes include but are not
limited to quantity changes, adding line items, push outs,
shipping method/destination. Xmultiple will not be responsible
for any lead time/delivery delays that may result from
quantity increases or additional line item changes. Push
outs can only be requested once and only for a 60 day
time period. Xmultiple will only accept the push out if
it is requested one month before the designated ship date.
Xmultiple must receive the amended purchase order before
making the changes.
4.
Purchase orders must state the exact Xmultiple part number.
5.
Shipping instructions must be clear and include the account
number, holder of the account, address, telephone number
and a contact name. Xmultiple will make every effort to
meet requested dock dates but cannot guarantee that the
carrier will deliver on or by a specific date. The buyer
is responsible to determine if any routing system or guide
is used by the buyer. These routing instructions must
be determined by the buyer for each order and provided
in writing on the first page of the order.
6.
All purchase orders must contain a contact name and phone
number (or email address) for purchasing as well as a
contact name and phone number (or email address) for accounting.
7.
Customer shall have thirty (30) days from the date of
receipt of the Goods to inspect and accept the goods.
Any Goods not rejected during that 30-day period shall
be deemed acceptable. If any Goods, within the 30-day
period, are deemed defective or do not perform according
to the published specifications, Xmultiple shall, upon
receipt of defective Goods, issue replacements to the
customer in as timely a manner as is possible.
8.
Xmultiple reserves the right to refuse purchase orders
or hold shipments if outstanding, unpaid invoices exist.
Xmultiple may also require prepayment until new credit
can be established.
9.
All orders are subject to credit approval and acceptance
by XMULTIPLE. Ordering - orders@xmultiple.com.
Ordering Information is provided on our website - Order
Status and Ordering policies.
10.
Unless otherwise stated
in writing, the prices and changes stated for the materials
to be furnished will be invoiced at XMULTIPLE's prices
and charges in effect at the time of shipment and shall
be F.O.B. factory.
11.
Unless otherwise stated
in writing, transportation costs shall be the responsibility
of buyer and XMULTIPLE will engage the carrier on behalf
of buyer. If transportation is the responsibility
of XMULTIPLE, XMULTIPLE has the right to ship via most
economical means at its disposal.
If the transportation is the responsibility of
XMULTIPLE and there is any evidence of injury to the shipment,
buyer is to receipt according to the fact and notify XMULTIPLE
immediately of such injury. The unloading of material at the
point of designation shall be the responsibility of buyer.
12.
Unless otherwise stated
in writing, the prices and charges stated for the materials
do not include any federal provincial or local taxes (including,
without limitation, sales, excise and similar taxes). Wherever applicable such taxes will be for the account
of buyer and may be added to the invoice to be paid by
buyer.
13.
XMULTIPLE reserves the
right to modify XMULTIPLE's published specifications and
constructions of the materials whenever such modification
is necessary. XMULTIPLE
assumes no responsibility for any change in specifications
requested by buyer, unless such change is confirmed in
writing by buyer and accepted in writing by XMULTIPLE.
Any price variation resulting from such change
will become effective immediately upon acceptance of such
change.
14.
XMULTIPLE reserves the
right to ship from any of its warehouses or plants. Risk of loss or damage in transit
or otherwise will be borne by buyer. This risk starts
when your common carrier or other shipper pick up the
materials from our warehouse or factory. F.O.B. point
stated, which point is understood to mean Xmultiple's
loading and unloading facility in either our warehouses
or factories, unless otherwise stated in writing, XMULTIPLE
may ship either in lots or in a single shipment. Xmultiple
ship with "best effort" and we do not guarantee
a delivery date.
15.
All dies, tools, etc.
remain the exclusive property of XMULTIPLE regardless
of any charge made to cover labor and expenses involved
in making or altering such dies, tools, etc.
16.
Time and terms of payment
is net 30 days, and if any default therein be made by
buyer or if the financial responsibility of buyer shall
at any time become impaired or unsatisfactory to XMULTIPLE,
XMULTIPLE will have the right to terminate without notice
or to defer or discontinue further shipments until past
due payments are made or satisfactory assurance of buyer's
financial is received by XMULTIPLE (without prejudice,
however, to any rights or claims which XMULTIPLE may have
in law or in equity hereunder). Such right will continue irrespective
of any prior failure on the part of XMULTIPLE to exercise
such right.
17.
XMULTIPLE warrants that
the materials will conform to the description on the face
of order, that it will convey good title thereto, that
the materials will be delivered free from any lawful security
interest or other lien or encumbrance unknown to buyer
and that the materials will be free from defects in material
and workmanship. There is no implied warranty of merchantability. There is no other warranty expressed
or implied, except such as is expressly set forth herein and this warranty
expressly excludes materials which have been subject to
neglect, accident or improper use and materials which
have been altered by other than XMULTIPLE's personnel.
XMULTIPLE will not be liable for any general, consequential
or incidental damages, including without limitation any
damages for loss of use or loss of profits, for any breach
of warranty or for negligence, XMULTIPLE's liability and
buyer's exclusive remedy being expressly limited to the
repair of defective materials, or the shipment of equivalent
materials, or the replacement of the purchase price upon
return of the materials, or the granting of a reasonable
allowance on account of defects, as XMULTIPLE may elect. XMULTIPLE will be given reasonable opportunity to investigate
all claims, and no materials may be returned by buyer
to XMULTIPLE until after receipt by buyer of definite
shipping instructions from XMULTIPLE.
18.
The materials will be
subject to XMULTIPLE's standard tolerances for variations.
19.
Dates of shipment stated
in order acknowledgment, become effective on and after
date of receipt at XMULTIPLE's plant of complete manufacturing
details.
20.
XMULTIPLE will use its
best efforts to adhere to shipping dates. However, XMULTIPLE shall not be
responsible or liable, either directly or indirectly,
for any loss or damage due to delay in delivery caused
by war, hostilities, invasion, insurrection, riot, the
order of any competent civil or military government or
by fire, strikes, lockouts, or labor disputes or lack
of transportation or shortages of raw materials or by
any other cause, whether or not of a similar nature, which
is unavoidable or beyond its reasonable control.
21.
Materials not ordered
forwarded by buyer as agreed must, at XMULTIPLE's option, either be paid for as if shipped upon the expiration
date or the period within which they were to have been
taken or the order canceled on terms and conditions that
will fully indemnify XMULTIPLE against all losses.
Where no shipping date is specified, shipment will
be made at the convenience of XMULTIPLE.
22.
Interest on all past due
accounts will be charged at the rate of 1 1/2% per month.
23.
No waiver by XMULTIPLE
of any breach of any provision hereof will constitute
a waiver of any other breach of such provisions contained
in any communication from buyer will not be deemed an
acceptance of such provisions or as a waiver of the provisions
hereof. All
orders are subject to correction of stenographic and clerical
errors. The
terms and conditions of sale contained herein may not
be amended, modified or rescinded, except by written agreement
signed by an authorized official of each party expressly
referring hereto.
24.
Orders accepted by XMULTIPLE
may only be canceled with XMULTIPLE's consent in writing.
25.
XMULTIPLE assumes no liability
for infringement of patents when material is made to customer
specifications.
26.
All rights and obligations
are governed by and constructed in accordance with the
laws of the State of California.