{"id":3030,"date":"2024-09-11T17:33:13","date_gmt":"2024-09-11T17:33:13","guid":{"rendered":"https:\/\/www.geostabilization.com\/roadguard\/?page_id=3030"},"modified":"2024-09-11T17:58:52","modified_gmt":"2024-09-11T17:58:52","slug":"purchase-order-terms","status":"publish","type":"page","link":"https:\/\/www.geostabilization.com\/roadguard\/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\/wp-content\/uploads\/2024\/09\/PO-Ts-and-Cs.pdf\">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 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. Download our Terms and Conditions of Purchase Document Purchase Order Terms &amp; Conditions 1. These Standard Purchase Order Terms and Conditions (\u201cTerms\u201d) only apply [&hellip;]<\/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-3030","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>RoadGuard&#039;s Purchase Order Terms &amp; Conditions<\/title>\n<meta name=\"description\" content=\"RoadGuard&#039;s Purchase Order Terms &amp; Conditions - Key information about transactions, including agreements, payment, &amp; compliance. 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