TERMS AND CONDITIONS DETAILED FORM PART OF ALL FIRST BYTE MICRO LTD. PURCHASE ORDERS AND
ACCEPTANCE OF A PURCHASE/SERVICE ORDER IMPLIES ACCEPTANCE OF THESE TERMS AND CONDITIONS
“Contract” shall mean any contract resulting from this order
“Order” shall mean this purchase order
“Buyer” shall mean FIRST BYTE MICRO LTD.
“Seller” and/or “Supplier” shall mean the person on whom this order is placed
“Goods” shall mean the supplies to be delivered under the contract and shall be deemed to include any service(s)
This purchase order constitutes buyer’s offer to seller, and is a binding contract on the terms and conditions set forth herein when it is accepted by seller either by the
acknowledgement or the commencement of performance hereunder. No condition stated by the seller in accepting or acknowledging this order shall be binding upon buyer if in
conflict with, inconsistent with, or in addition to the terms and conditions contained herein unless accepted by buyers written approval.
No revision of this order of any of the terms and conditions hereof shall be valid unless in writing and signed by an authorised representative of buyer’s purchasing department.
Delivery shall be strictly in accordance with the delivery schedule set out in this order. Not withstanding this provision, the seller shall not be liable for delays or defaults due to
causes beyond its control and without its fault or negligence, provided however, that if the seller has reason to believe that deliveries will not be made as required, due to such
cases, written notice setting forth the cause of any anticipated delays shall be given immediately to buyer.
The supplier shall complete and deliver the goods at the time or times specified in the order and in this respect time shall be of the essence.
The buyer may at any time or times by notice in writing to the seller postpone the date(s) of delivery of any goods without thereby incurring any liability and the seller shall
deliver such goods on the revised date(s) so notified and shall not make any claim for adjustment in price or otherwise in respect of any such postponement unless otherwise
agreed in writing by the buyer.
If the supplier delivers quantities in excess of the quantity due the purchaser shall have the right to accept or reject the quantity in excess of that due.
The buyer shall not be obliged to accept delivery of any goods prior to the delivery date and if the seller shall do so:
a) the buyer shall be entitled to charge storage to the supplier and
b) the date for payment shall be calculated according to the due delivery date
Failure to comply with the specification, terms and conditions of this order, or to deliver material in accordance with sellers promise shall be grounds for cancellation without
penalty to buyer.
7. Acceptance and Rejection
All articles will be subject to final inspection and acceptance by the Buyer within a reasonable time after receipt at the designated destination, irrespective of prior payment. The
Buyer may reject any article which contains defective material or workmanship or does not conform to specifications, samples or warranties. Any article so rejected may be
returned to seller at seller’s risk and expense, and at full invoice price plus applicable transportation charges both ways. No defective article or material shall be replaced unless
requested by the Buyer.
7.1 Certificate of Conformance
The certificate of conformance is a quality record that shall include the Buyer’s part number, purchase order number, quantity shipped, date shipped, manufacturer’s part
number, manufacturer’s date code (see below), original material certification, and details of certified quality system. It should be signed to indicate compliance with the
requirements of this document. These are to be submitted for all parts delivered to the Buyer.
Deliveries of parts/components with multiple date codes or multiple lot numbers must be segregated such that each part/component is identifiable by its date code or lot
number. The paperwork must also reflect if multiple date codes or lot numbers have been delivered with the associated quantity.