Buyer means the Individual or Company as specified in the Purchase Order (as defined below).
Purchase Order means an order for goods and/or services to be provided by the Supplier and the corresponding fees to be paid by the Buyer issued by Buyer subject to these terms and conditions.
Supplier means the company, Alien Technologies Corp as specified in the Purchase Order.
Warranty Period means the period of one year from the later of either the Delivery Date or acceptance.
APPLICATION OF TERMS:
Supplier agrees to deliver goods and/or perform the services as described in the Purchase Order and in accordance with the terms and conditions stated in this Purchase Order. Additional or different terms in the Supplier’s acknowledgement or any other Supplier documents are hereby rejected.
CANCELLATION, RETURNS OR CHANGE OF PURCHASE ORDERS:
Buyer reserves the right to cancel any Purchase Order within fourteen days of execution or acceptance of Purchase Order with no penalty unless charges are incurred otherwise or at any time prior to shipment of the goods inwhich may be subject restocking charges. Buyer may by written communication cancel or make changes to any Purchase Order subject to an equitable adjustment in the price, delivery schedule, or both, where appropriate. You may return the product and get a full refund or exchange the product if defective for another one, be it similar or not. You can return a product for up to seven days from the date you purchased or received, whichever is later. Any product you return must be in the same condition you received it and in the original packaging. Please keep the receipt. Purchaser may be responsible for return shipping.
PRICES AND TAXES:
All taxes to be paid by Buyer must be separately itemized on the invoice. Supplier warrants that the prices for the goods sold and/or services performed hereunder are not less favorable than those currently extended to any other customer for the same or similar products in similar quantities and/or services. In the event Supplier reduces its prices for such goods and/or services prior to accepting Buyer’s Purchase Order or during the term of performance of any Purchase Order for services, Supplier agrees to reduce the prices hereof accordingly. Supplier warrants that the prices shown in the Purchase Order shall be complete and no additional charges shall be added without Buyer’s express written consent. Such additional charges include, but are not limited to, shipping, packaging, labeling, custom duties, taxes, insurance, storage, boxing and crating. If a decrease in the price for any goods and/or services becomes effective after Supplier accepts a Purchase Order for the goods and/or services, but before Supplier has shipped the goods or performed the services, the price Buyer will pay will be the price in effect when the Seller ships the goods to Buyer or performs the services. In the event of a price decrease, Supplier will grant to Buyer a credit with respect to goods then in Buyer’s inventory or the services performed. The price protection credit will be equal to the difference between the price originally paid by the Buyer and the new adjusted price of the goods and/or services less any previously issued credits. If an increase in the price for any goods and/or services becomes effective after Supplier accepts a Purchase Order for the goods and/or services but before Seller has shipped the goods or performed the services, the price Buyer will pay will be the price in effect when the Seller accepted the Purchase Order from Buyer.
PAYMENT TERMS AND INVOICES:
As full consideration for the delivery of goods and/or performance of the services and the assignment of rights to Buyer as provided herein, Buyer shall pay Supplier the amount specified in the applicable Purchase Order All invoices shall be issued in the currency as set out in the Purchase Order. The mode of payment shall be at Buyer’s sole discretion and all bank charges or back charges relating thereto shall be borne by Supplier.
SHIPPING, DELIVERY AND ACCEPTANCE:
Supplier shall deliver the goods and/or perform the services as specified in the applicable Purchase Order. Supplier shall package and ship all goods in accordance with such industry standards as may be applicable to ensure that the goods are received by Buyer in good condition compliance with the Purchase Order. The applicable Purchase Order number must appear on all shipping containers, packing lists, delivery tickets and bills of lading. Title and risk of loss shall pass to Buyer upon delivery at the destination nominated by the Buyer or upon final acceptance by Buyer whichever is later.
REPRESENTATIONS AND WARRANTIES:
Supplier hereby represents and warrants that (i) it is authorized to sell the goods and/or performance the services set out in the Purchase Order; (ii) all goods provided and/or services performed will comply with the descriptions and specifications as set out in the Purchase Order; (iii) all goods provided are of genuine and authentic manufacture, new and unused, and will throughout the Warranty Period of twelve months from time of purchase or receiving of goods, whichever to be later be free from defects in design, materials, workmanship and manufacture, be of satisfactory quality and fit for the purposes communicated by Buyer or if not communicated by the Buyer fit for the purposes as can be reasonably deemed; and (iv) all services will be performed in a workmanlike and professional manner by employees or subcontractors of Supplier having a level of skill commensurate with the requirements of the agreed upon scope of work. Such warranty does not cover overall normal wear and tear or inadequate use of product(s).
GOVERNING LAW AND JURISDICTION:
The Purchase Order shall be governed by the laws of the country in which the goods are delivered to or the services are performed. Any dispute or cause of action which arises in connection with the Purchase Order shall be brought before a court of competent jurisdiction in the country in which the goods are delivered to or the services are performed.