1. Acceptance
This acknowledgement serves as acceptance of your purchase order. Please allow 24 hours for acknowledgement on orders matching the quote. For purchase orders not matching the quoted lead time, exceptions, or other requirements, please allow 72 hours for Elite to review the modification and accommodation for the requested change.
2. Delivery
Elite commits to deliver the products on the date(s) specified in this purchase order. In the event of an unforeseen or potential delivery delay, Elite will contact the customer at earliest knowledge. With limitation, Elite shall cover limited expenses related to expedited delivery if incurred as a result of, or on behalf of our process(es), as required to meet customer delivery requirements as defined in the purchase order.
3. Shipping
Shipping method shall be made in accordance with the purchase order requirements or other agreed upon method(s). Elite will provide all shipping documents as required in purchase order by the customer, including purchase order number, line release, part number, revision, packing list, and any other documents necessary to release the products to buyer within 24 hours after shipment of product.
4. Title
Title shall pass when the product(s) leave the Elite’s dock.
5. Packaging
Product shall be packed for shipment according to purchase order or as otherwise instructed by customer in writing. If there are no instructions, goods shall be packed for shipment in a manner sufficient to ensure the preservation of product(s) and are delivered in undamaged condition. Elite is not liable for items damaged as a result of shipping company negligence, mishandling, misplacement, lost or accident.
6.Amendment and Modification
Products will be manufactured in accordance with the purchase order requirements. Please contact Elite for any amendment, modification, or revision to the purchase order. Elite reserves the right to revise the price, if required, for any revision to the purchase order past 3 days from the date received. Elite reserves the right to charge for any material purchased or product made to the original purchase order requirements prior to revision change by customer, if insufficient to satisfy new revision requirement(s).
7. Payment Terms
Elite shall issue an invoice to the customer on day of shipment or any time after the completion of product(s). All amounts are stated in US Dollars and are required to be paid in US Dollar currency. Unless otherwise agreed to with customer, the standard payment terms are net 30 days from date of invoice being sent unless otherwise agreed to in writing. Payment will be deemed to have been made when deposited in the mail or when an electronic funds transfer has been confirmed as initiated, whichever is earlier. Elite reserves the right to charge 5% interest, compounded monthly, on the outstanding invoice amount not paid within the payment term period, unless previously agreed to in writing.
8. Warranty
Elite Turning and Machining stands behind the quality and manufacturing process(es) and warrants to buyer that for a period of 60 days from the delivery date, all product(s) free from any defects in workmanship and material requirements specified by the purchase order. If the root cause of non-conformance is identified as the result of manufacturing services or process(es), Elite, as a result of shall, at its expense, promptly rework or replace the non-conforming products and pay for all related expenses, limited to, material, manufacturing, and transportation charges for the return of the defective goods and the delivery of replacement product(s).
Without limiting the foregoing, Elite will not provide to customer any products or goods that are, or reasonably suspects are, or contain an unauthorized copy, imitation, substitute, counterfeit or modified component which is represented as genuine.
9. Termination
Customer may terminate the purchase order, in whole or in part, at any time with or without cause by providing written notice to Elite. In the event of termination of purchase order prior to completion, Elite reserves the right to invoice customer for all related cost to the purchase order including material, labor, machine time, process development, and any other services directly connected to purchase order for all work performed to-date at time of termination of the order.
10.Confidentiality
The contents of this purchase order, acknowledgement, and any other document(s) required are intended and expressly limited for use by customer and Elite Turning and Machining and not to be shared, used, or distributed to any party outside of these two parties.
11.General Indemnification
Customer shall indemnify and hold harmless Elite Turning and Machining, its subsidiaries, affiliates, successors or assigns and its respective directors, officers, shareholders and employees against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or occurring in connection with the manufactured product. Elite is a contract manufacturing service provider and holds no liability for the product design, fit, form, functionality, and usage of manufactured product.
12. Force Majeure
Neither party shall be liable to the other for any delay or failure in performing its obligations under the purchase order to the extent that such delay or failure is caused by an event or circumstance that is beyond the reasonable control of that party, without such party’s fault or negligence, and which by its nature could not have been foreseen by such party or, if it could have been foreseen, was unavoidable. Force Majeure events include, but are not limited to, acts of God or the public enemy, government restrictions, floods, fire, earthquakes, explosion, pandemic, epidemic, war, invasion, hostilities, terrorist acts, riots, strike, embargoes or industrial disturbances. Buyers’s economic hardship or changes in market conditions are not considered Force Majeure events. Elite will utilize all diligent and reasonable efforts to ensure that the effects of any Force Majeure event are minimized and resume performance under the purchase order. If a Force Majeure event prevents Elite from carrying out its obligations under the purchase order for a continuous period of more than 30 days, or threatens customer commitments to buyer’s customer(s), the buyer may terminate the purchase order with review of incurred costs by giving written notice to Elite.
13. Miscellaneous
The purchase order, together with this acknowledgement and terms and the exhibits, schedules, other attachments, and documents incorporated herein by reference are the sole and exclusive statement of the parties’ understanding and agreement with respect to the transactions contemplated hereby, notwithstanding any other terms that might be contained in any acknowledgement or other document received from Elite or submitted to the customer.
We appreciate your business and thank you for the opportunity to be your machining supply chain partner!
