{"id":12122,"date":"2024-09-04T22:51:40","date_gmt":"2024-09-04T22:51:40","guid":{"rendered":"https:\/\/www.geostabilization.com\/accesslimited\/?page_id=12122"},"modified":"2024-09-04T22:57:46","modified_gmt":"2024-09-04T22:57:46","slug":"purchase-order-terms","status":"publish","type":"page","link":"https:\/\/www.geostabilization.com\/accesslimited\/purchase-order-terms\/","title":{"rendered":"Purchase Order Terms"},"content":{"rendered":"<!-- Start Block: acf\/wysiwyg -->\n<section class=\"wysiwyg section-padding bg-white\">\n\t<div class=\"container\">\n\t\t<div class=\"row\">\n\t\t\t<div class=\"col-lg-10 col-lg-offset-1\">\n\t\t\t\t<div class=\"wysiwyg__content\">\n\t\t\t\t\t<h2>Current Terms and Conditions<\/h2>\n<p>All vendor purchase orders are subject to the terms and conditions found here.\u00a0Click the link to download our most recent terms and conditions or review them below.<\/p>\n<ul>\n<li><a href=\"https:\/\/www.geostabilization.com\/accesslimited\/wp-content\/uploads\/sites\/2\/2024\/09\/PO-Ts-and-Cs.pdf\" target=\"_blank\" rel=\"noopener\">Download our Terms and Conditions of Purchase Document<\/a><\/li>\n<\/ul>\n<h3>Purchase Order Terms &amp; Conditions<\/h3>\n<p>1. These Standard Purchase Order Terms and Conditions (\u201cTerms\u201d) only apply to transactions that do<br \/>\nnot have a previously negotiated and written agreement, duly executed by both parties. If there is<br \/>\nsuch an agreement, then those terms shall be the terms that govern the transaction and<br \/>\nrelationship of the parties.<\/p>\n<p>2. In the absence of such a written agreement, duly executed by both parties, then these Terms apply<br \/>\nto any purchases by Soil-Nail Holdings, LLC, its subsidiaries, affiliates, successors, and assigns<br \/>\n(\u201cBuyer\u201d) of the goods or services (\u201cMerchandise\u201d) described in the applicable purchase order, any<br \/>\ndocument of Buyer attached to the applicable purchase order, and any communication of Buyer<br \/>\nthat directed Seller to or incorporates these Terms (collectively, the \u201cContract Documents\u201d). The<br \/>\npurchase order, subject to these Terms constitutes the agreement between the parties for<br \/>\npurchase and sale of the items listed on the purchase order (the \u201cAgreement\u201d) unless any items are<br \/>\nservices subject to the terms of Buyer\u2019s standard subcontract agreement as described below.<\/p>\n<p>3. Seller\u2019s full or partial performance under the purchase order will constitute acceptance of these<br \/>\nTerms. These Terms apply to everything listed in the purchase order and constitute Buyer\u2019s offer to<br \/>\nSeller, which Buyer may revoke at any time prior to Seller\u2019s acceptance. The purchase order is not<br \/>\nan acceptance by Buyer of any offer to sell, any quotation, or any proposal. Reference in the<br \/>\npurchase order to any such offer to sell, quotation, or proposal will not constitute a modification of<br \/>\nany of these Terms. Terms and conditions different from or in addition to these Terms, whether<br \/>\ncontained in any acknowledgment of the purchase order or with delivery of any goods or services<br \/>\nunder the purchase order, or otherwise, will not be binding on Buyer, whether or not they would<br \/>\nmaterially alter the purchase order, and Buyer hereby rejects them. These Terms may be modified<br \/>\nonly by a written document signed by duly authorized representatives of Buyer and Seller.<\/p>\n<p>4. Buyer shall pay Seller to provide the Merchandise and for any incidental services as identified in the<br \/>\npurchase order for the total sum listed in the purchase order (the \u201cPrice\u201d). Unless otherwise<br \/>\ndocumented, the Price excludes applicable federal, state, and local taxes, for which Seller shall be<br \/>\nfully responsible regardless of the estimated amount. Unless otherwise indicated, prices shall not<br \/>\ninclude costs or deposits for shipping and packing materials. No increase in price or extra charges,<br \/>\nincluding any interest or finance charges, shall be effective unless Buyer, in its sole discretion,<br \/>\nconsents to them in writing in advance, and if Buyer consents to a price increase or extra charges, it<br \/>\nshall not be effective until at least thirty (30) days after such consent is given.<\/p>\n<p>5. If any incidental services identified in the Purchase Order constitute the substantial, specified<br \/>\nportion of the work of construction of a given building or project which is the subject of a general<br \/>\nconstruction contract in accordance with the plans and specifications of such contract the Seller<br \/>\nagrees the provision of those services are subject to the Standard Agreement between Constructor<br \/>\nand Subcontractor as set forth in ConsensusDocs 750.<\/p>\n<p>6. Any incidental services performed by Seller that are not governed by the terms of ConsensusDocs<br \/>\n750 are governed by these Terms. Nothing in these Terms shall be construed to create a<br \/>\ncontractual relationship between persons or entities other than Buyer and Seller. Except as<br \/>\nspecifically provided in these Terms, these Terms are exclusively for the benefit of Buyer and Seller<br \/>\nand not for the benefit of any third-party. The Agreement represents the entire and integrated<br \/>\nagreement between Buyer and Seller, and supersede all prior negotiations, representations, or<br \/>\nagreements, either written or oral.<\/p>\n<p>7. Along with the delivery of materials or equipment, at no additional cost, Seller shall promptly<br \/>\nsubmit to Buyer all available manufacturer\u2019s warranties, product data, and literature relating to<br \/>\nsuch materials or equipment.<\/p>\n<p>8. Time is of the essence of this Agreement. Buyer and Seller shall coordinate with one another with<br \/>\nrespect to the timing and delivery of the materials and equipment pursuant to the purchase order<br \/>\nand these Terms. In the event the delivery schedule agreed to by Buyer and Seller cannot be met for<br \/>\nany reason, Seller shall notify Buyer as soon as reasonably practical as to such delay.<\/p>\n<p>9. Shipping instructions furnished by Buyer shall be strictly complied with and shall be considered a<br \/>\npart of the Agreement. Seller shall endeavor to provide Buyer at least twenty-four (24) hours\u2019 notice<br \/>\nprior to the delivery of any materials or equipment. Any provisions for delivery of materials or<br \/>\nequipment by installment shall not be construed as making the obligations of either party<br \/>\nseverable. Risk of loss or damage shall be upon Seller until the materials or equipment are<br \/>\nphysically delivered to Buyer at the project site or other authorized destination, unless otherwise<br \/>\nagreed to in writing and signed by Buyer, or if covered by project all risk or equivalent insurance.<\/p>\n<p>10. Seller shall submit to Buyer all Material Safety Data Sheets, if applicable and as required by law, for<br \/>\nmaterials or substances sold to Buyer.<\/p>\n<p>11. Except as otherwise provided in these Terms, all shipments shall be subject to final inspection by<br \/>\nBuyer after receipt by Buyer at destination. Shipments shall be accompanied by detailed delivery<br \/>\ntickets to assist Buyer in its inspection. Buyer must inspect all materials and equipment and advise<br \/>\nSeller of any visible damage or shortfalls within a reasonable time after delivery; otherwise, such<br \/>\nmaterials and equipment will be deemed to be accepted. Should Buyer discover any damage or<br \/>\nshortfalls, Buyer shall report them to Seller. Materials or equipment not accepted due to<br \/>\nnonconformance with the requirements of these Terms shall, at Buyer\u2019s option, be (a) returned to<br \/>\nSeller at Seller\u2019s expense; (b) exchanged for replacement products; or (c) repaired at Seller\u2019s<br \/>\nexpense to the extent such repairs do not exceed the replacement cost of such materials or<br \/>\nequipment. If nonconforming materials have been installed, Seller is responsible for labor costs to<br \/>\nuninstall nonconforming materials and reinstall conforming materials. Incorporation of the<br \/>\nmaterials or equipment into the project shall constitute acceptance by Buyer of such materials or<br \/>\nequipment and incidental services, if any, subject to Seller\u2019s warranty obligations. Payment for any<br \/>\nmaterials or equipment shall not constitute acceptance. Notwithstanding the foregoing, Buyer<br \/>\nshall have the right to reject and refuse acceptance of materials or equipment that are not in<br \/>\naccordance with specifications or information identified in the purchase order, these Terms, or<br \/>\nSeller\u2019s warranty, if any, as provided pursuant to these Terms.<\/p>\n<p>12. Changes, Cancellation. Buyer may at any time direct changes to the Merchandise or to otherwise<br \/>\nchange the scope of the Agreement including such matters as inspection, testing or quality control,<br \/>\nand Seller agrees to make such changes promptly. Any difference in price or time for performance<br \/>\nresulting from such changes shall be equitably adjusted by Buyer after receipt of documentation in<br \/>\nsuch form and detail as Buyer may direct. Any changes to the Agreement shall be made in<br \/>\naccordance with this Section 12. In addition to any other rights of Buyer to terminate the<br \/>\nAgreement, Buyer may, at its option, immediately terminate all or any part of the Agreement, at any<br \/>\ntime and for any reason, by giving written notice to Seller. Upon such termination, Buyer shall pay<br \/>\nto Seller the following amounts without duplication: (a) the price for all Merchandise completed<br \/>\nand delivered in accordance with the Contract Documents and not previously paid for and (b) the<br \/>\nactual costs of work-in-process and raw materials incurred by Seller in furnishing the Merchandise<br \/>\nunder the Agreement to the extent such costs are reasonable in amount and are properly allocable<br \/>\nto the terminated portion of the Agreement (provided Seller has delivered to Buyer any such workin-<br \/>\nprocess or raw materials), less the sum of the reasonable value or cost (whichever is higher) of<br \/>\nany goods or materials used or sold by Seller with Buyer\u2019s written consent and the cost of any<br \/>\ndamaged or destroyed goods or material. Buyer will make no payments for finished goods,<br \/>\nservices, work-in-progress or raw materials fabricated or procured by Seller in amounts in excess<br \/>\nof those expressly authorized under the Agreement or for any undelivered goods or raw materials<br \/>\nthat are in Seller\u2019s standard stock or that are readily marketable. Payments made under this<br \/>\nSection shall not exceed the aggregate price payable by Buyer for Merchandise that is undelivered<br \/>\nat the date of termination. Except as provided in this Section, Buyer shall not be liable for payments<br \/>\nto Seller, directly or on account of claims by Seller\u2019s subcontractors, for loss of anticipated profit,<br \/>\nunabsorbed overhead, interest on claims, product development and engineering costs, facilities<br \/>\nand equipment rearrangement costs or rental, unamortized depreciation costs, or general and<br \/>\nadministrative burden charges from termination of the Agreement. Within sixty (60) days from the<br \/>\neffective date of termination, Seller shall submit a comprehensive termination claim to Buyer with<br \/>\nsufficient supporting data to permit Buyer\u2019s audit and shall thereafter promptly furnish such<br \/>\nsupplemental and supporting information as Buyer shall request. Buyer or its agents shall have the<br \/>\nright to audit and examine all books, records, facilities, work, material, inventories and other items<br \/>\nrelating to any termination claim of Seller.<\/p>\n<p>13. Should Buyer order Seller in writing to suspend, delay, or interrupt the performance of the<br \/>\nAgreement for such period as may be determined to be appropriate for the convenience of the<br \/>\nproject owner and not due to any act or omission of Seller, then Seller shall immediately suspend,<br \/>\ndelay, or interrupt as ordered by Buyer.<\/p>\n<p>14. Should Seller fail to deliver items and materials or perform the incidental services required within<br \/>\nthe time provided under the Agreement or any mutually agreed upon extension of time, or should<br \/>\nSeller fail to perform any of the provisions of the Agreement or fail to make progress so as to<br \/>\nendanger performance of the Agreement in accordance with its terms, Seller may be deemed in<br \/>\ndefault and Buyer may terminate the Agreement for default by providing written notice of the same.<br \/>\nThe rights and remedies of Buyer provided in this section shall not be exclusive and are in addition<br \/>\nto any other rights and remedies provided by law or under the Agreement.<br \/>\n15. Seller assigns to Buyer any applicable vendor or manufacturer warranties or remedies. In addition<br \/>\nto the foregoing warranties, Seller hereby expressly warrants that all materials or equipment<br \/>\ncovered by the Agreement shall be (a) fit and sufficient for the intended purpose for which such<br \/>\nmaterials or equipment was manufactured; and (b) free and clear of all liens. In the event of a<br \/>\nbreach of such warranties, Seller shall (a) refund the Price, (b) repair, or (c) replace, at Seller\u2019s<br \/>\noption and expense, any defective materials or equipment. Seller\u2019s warranty excludes remedies for<br \/>\ndefects or damages caused by ordinary wear and tear, use for a purpose for which the materials or<br \/>\nequipment were not specified, improper or insufficient installation, operation, maintenance,<br \/>\nstorage, or abuse, and modification not performed by Seller. THE WARRANTIES IN THIS SECTION<br \/>\nARE EXCLUSIVE, AND SELLER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES.<\/p>\n<p>16. Payment for conforming material or equipment shall be made by Buyer in accordance with any<br \/>\nterms indicated in the Purchase Order and after a receipt by Buyer of Seller\u2019s invoice. If requested<br \/>\nby Buyer, Seller shall promptly provide affidavits that all of Seller\u2019s suppliers have been paid, and a<br \/>\nrelease of all liens either by Seller or Seller\u2019s supplier and claims in a form reasonably acceptable<br \/>\nto Seller and Buyer. Such releases or waivers of lien may be conditioned upon payment. Prior to<br \/>\nfinal payment, Seller shall provide to Buyer copies of warranties, applicable manuals, and all other<br \/>\nclose-out documents required for the materials or equipment by the Agreement.<\/p>\n<p>17. Compliance with Laws. Seller agrees that it shall strictly comply with all applicable foreign, federal,<br \/>\nstate, and local laws, rules, regulations, codes, and ordinances, including all applicable laws and<br \/>\nregulations regarding employment and discrimination and data protection. Seller shall arrange for<br \/>\nall inspections and approvals by governmental officials including customs clearance or other<br \/>\nimport or export obligations, if necessary. Seller shall not offer or provide to Buyer\u2019s purchasing<br \/>\nagents any gratuities, gifts, payments, or anything of value, nor shall Seller offer or provide to any<br \/>\nemployees, agents or other representatives of Buyer any gratuities, gifts, payments, or anything of<br \/>\nvalue in an attempt to influence directly such person's administration of the provisions of the<br \/>\nAgreement.<\/p>\n<p>18. Confidentiality. Buyer may disclose technical or business information to Seller in connection with<br \/>\nthe negotiation or performance of the Agreement. Seller agrees to keep confidential all such<br \/>\ninformation as well as any other information relating to the Agreement, including Buyer\u2019s interest<br \/>\nin, or the existence or terms of, the Agreement. Seller shall not disclose or use, directly or<br \/>\nindirectly, such information for any purpose other than the purposes of performing the Agreement,<br \/>\nnor shall Seller disclose to Buyer any of Seller\u2019s information that Seller deems confidential.<\/p>\n<p>19. Intellectual Property. Neither party transfers to the other party any patent, know-how, trade secret,<br \/>\ntrademark, copyright, or any other intellectual property right in the information, documents or<br \/>\nproperty that such party makes available to the other under this Contract, other than (a) Seller has<br \/>\nthe right to use Buyer\u2019s intellectual property rights solely to produce and supply Merchandise to<br \/>\nBuyer under this Contract, (b) if the Merchandise is experimental, custom or developed for Buyer<br \/>\n(including any original works of authorship or art qualifying for copyright protection), all rights, title<br \/>\nand interest in and to any intellectual property conceived, developed, or first reduced to practice in<br \/>\norder to produce or supply the Merchandise is hereby irrevocably assigned to the Buyer and Seller<br \/>\nagrees to have all necessary documents executed to document such assignment and assist the<br \/>\nBuyer in perfecting any such interest (Buyer agrees to pay Seller\u2019s reasonable costs in assisting the<br \/>\nBuyer to perfect any such interest), and, (c) if this Contract is terminated due to Seller\u2019s default and<br \/>\nBuyer cannot reasonably obtain substitute Merchandise from a third party without Seller\u2019s<br \/>\nintellectual property, Buyer shall have a non-exclusive royalty free right and license to use Seller\u2019s<br \/>\nintellectual property to obtain, use and sell substitute Merchandise. Seller may not use Buyer\u2019s<br \/>\nname, logo or trademark without Buyer\u2019s written consent.<\/p>\n<p>20. Buyer and Seller waive claims against each other for consequential or special damages arising out<br \/>\nof or relating to the Agreement; however, this waiver shall not apply to any claim for reimbursement<br \/>\nor indemnification for any consequential damages one party was required to pay to a third party as<br \/>\na result of an act or omission of the other party or their employees or agents.<\/p>\n<p>21. Except for assignment of proceeds, no assignment of the Agreement or of any right, obligation, or<br \/>\ndelegation of duty under the Agreement shall be made without the written consent of the other<br \/>\nparty or their duly authorized agent. Any attempted assignment or delegation without such consent<br \/>\nshall be void.<\/p>\n<p>22. Either party\u2019s failure to insist on performance of any term, condition, or instruction, or to exercise<br \/>\nany right or privilege provided in the Agreement, or its waiver of any breach, shall not thereafter<br \/>\nwaive any such term, condition, instruction, or any right or privilege.<\/p>\n<p>23. The Agreement shall be governed by the law in effect at the location of the project.<\/p>\n<p>24. DISPUTE MITIGATION AND RESOLUTION.<\/p>\n<p style=\"padding-left: 40px;\">a. Unless otherwise agreed in writing, except for nonpayment by Buyer, Seller shall continue to<br \/>\nprovide materials, equipment, and incidental services as identified in the Purchase Order,<br \/>\nmaintain the delivery schedule, if applicable, during any dispute mitigation or resolution<br \/>\nproceedings. If Seller continues to perform, Buyer shall continue to make payments in<br \/>\naccordance with the Agreement.<\/p>\n<p style=\"padding-left: 40px;\">b. If a dispute arises out of or relates to the Agreement or its breach, the parties shall endeavor to<br \/>\nsettle the dispute in a cooperative manner, including resolving minor nonconformities that<br \/>\nwould give rise to economic waste. Within five (5) business days, the parties\u2019 representatives,<br \/>\nwho shall possess the necessary authority to resolve such matter and who shall record the<br \/>\ndate of first discussions, shall conduct direct discussions and make a good faith effort to<br \/>\nresolve such dispute.<\/p>\n<p style=\"padding-left: 40px;\">c. If the matter is unresolved after direct discussions, the parties shall submit the matter to<br \/>\narbitration using the current Construction Industry Arbitration Rules of the American<br \/>\nArbitration Association, or the parties may mutually agree to select another set of arbitration<br \/>\nrules. The administration of the arbitration shall be as mutually agreed by the parties.<\/p>\n<p style=\"padding-left: 40px;\">d. The costs of any binding dispute resolution procedures shall be borne by the non-prevailing<br \/>\nparty, including reasonable attorneys\u2019 fees, as determined by the adjudicator of the dispute.<\/p>\n<p style=\"padding-left: 40px;\">e. The venue of any binding dispute resolution procedure shall be the location of the project,<br \/>\nunless the parties agree on a mutually convenient location.<\/p>\n<p style=\"padding-left: 40px;\">f. All parties necessary to resolve a matter shall be parties to the same dispute resolution<br \/>\nprocedure. Appropriate provisions shall be included in all other contracts relating to the<br \/>\nmaterial, equipment, or incidental services, if any, as identified in the Purchase Order to<br \/>\nprovide for the joinder or consolidation of such dispute resolution procedures.<\/p>\n<p>25. The parties expressly agree that the Agreement was jointly drafted, and that they both had<br \/>\nopportunity to negotiate terms and to obtain assistance of counsel in reviewing terms prior to<br \/>\nexecution. The Agreement shall be construed neither against nor in favor of either party but shall be<br \/>\nconstrued in a neutral manner.<\/p>\n\t\t\t\t<\/div>\n\t\t\t<\/div>\n\t\t<\/div>\n\t<\/div>\n<\/section>\n\n<!-- End Block: acf\/wysiwyg -->","protected":false},"excerpt":{"rendered":"<p>Current Terms and Conditions<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-12122","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.1.1 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Access Limited&#039;s Purchase Order Terms &amp; Conditions<\/title>\n<meta name=\"description\" content=\"Access Limited&#039;s Purchase Order Terms &amp; Conditions - Information about transactions, including agreements, payment, &amp; compliance. 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