All purchase orders are to be emailed to email@example.com
or faxed to Xmultiple Technologies at (805) 579-7800
All purchase orders are NCNR, price quoted, EX-Works Factory
and Net 30 days unless otherwise authorized.
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.
Purchase orders must state the exact Xmultiple part number.
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.
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.
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
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.
All orders are subject to credit approval and acceptance
by XMULTIPLE. Ordering - firstname.lastname@example.org.
Ordering Information is provided on our website - Order
Status and Ordering policies.
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.
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.
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.
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.
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.
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.
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
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.
The materials will be subject
to XMULTIPLE's standard tolerances for variations.
Dates of shipment stated
in order acknowledgment, become effective on and after date
of receipt at XMULTIPLE's plant of complete manufacturing
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.
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.
Interest on all past due
accounts will be charged at the rate of 1 1/2% per month.
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.
Orders accepted by XMULTIPLE
may only be canceled with XMULTIPLE's consent in writing.
XMULTIPLE assumes no liability
for infringement of patents when material is made to customer
All rights and obligations
are governed by and constructed in accordance with the laws
of the State of California.