Buyer's Terms & Conditions

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  1. DEFINITIONS. As used in these Terms and Conditions “Buyer” means QCast Aluminum is the authorized representative whose name appears on the purchase orders. “Order” means a purchase order or any written or verbal order issued by QCast Aluminum which incorporates these terms and conditions. “Seller” means the person(s) or company to whom an Order is issued.

  2. ACCEPTANCE AND AGREEMENT. These terms and conditions apply to, and are agreed to be incorporate in, any Order issued by Buyer to the Seller. An Order becomes a binding contract, including all terms and conditions that appear in the Order and in these Purchase Order Terms and Conditions. The Order, including these terms, supersedes all prior written or oral communications between Buyer and Seller.

  3. PACKING AND SHIPPING. Seller shall pack, mark and ship all goods in accordance with specific requirement of an Order, and in a manner that complies with transportation regulations and good commercial practice for protection and shipment of goods.

  4. DELIVERY. Unless otherwise stated on the Order, delivery shall be to the Buyer’s facility or another facility as specified and in accordance with the schedule and quantity specified in the Order.

  5. INVOICES AND PAYMENT. Upon Buyer’s receipt of an invoice, Seller will be paid the price stated in the Order as delivered and accepted, or services rendered and accepted, less deductions if any, as provided by the Order. All standard terms are net 30 days unless agreed to by Buyer in writing.

  6. INSPECTION AND ACCEPTANCE. Seller shall maintain a quality system consistent with good commercial practice, unless a specific system of quality or other standard of quality is specified or agreed upon. Seller shall make all records, materials, articles, work or services performed by Seller available for inspection by the Buyer or test at Seller’s facility or that of Seller’s subcontractor by Buyers agents or assignees right of entry to determine and verify the quality of contracted work, records, material and system for a period of seven years. When required, a government representative may require inspection of material and parts prior to shipment per ISO9001:2008 standards. The Seller shall notify the Buyer of all non-conforming products before shipment. No inspection or test prior to final inspection and acceptance shall relieve Seller from responsibility for defects or other failure to meet the requirements of an Order. All materials, articles, work or services shall be subject to final inspection and acceptance by Buyer after delivery. Acceptance shall not be final with respect to defects or as to Seller’s warranty obligations. The Seller is required to complete a supplier corrective action report on non-conforming materials or product received by the

  7. CERTIFICATION REQUIREMENTS. Seller agrees to furnish all required and specified certifications as listed on the purchase order.

  8. WARRANTY. Seller warrants that all materials, articles, work and services furnished will be free from defects in material and workmanship will conform to all applicable specifications, drawings, samples and descriptions, that Seller’s design or selection will be free from design defects, and that the goods will be fit for their intended use. Seller warrants that all items or components supplied under an Order shall be new and not used or reconditioned, counterfeit items, components or materials.

  9. INFORMATION DISCLOSED TO SUPPLIER. Seller shall keep confidential all information; drawings, specifications or data furnished by Buyer and are the property of the Buyer and subject to return and/or destruction at the Buyer’s instructions.

  10. CHANGES. An Order may not be changed except by written notification signed by Buyer. Buyer may at any time by written notice make changes regarding drawings, designs, specifications, method of packing or shipment, place of inspection, acceptance or point of delivery and deliveryShould any such change cause an increase or decrease in the cost of or time required for performance of an Order, an equitable adjustment shall be negotiated and resolved. The Seller shall notify and obtain approval from the Buyer of any changes in the product or manufacturing process of the Seller’s products.

  11. SUB-CONTRACTOR FLOW DOWN. Seller shall flow down to sub-contractors all applicable documents in the purchase order including quality requirements from the Buyer. Seller shall also inform sub-contractors or suppliers to keep confidential all information, drawings, specifications or data regarding the Buyer.

  12. RECORDS. Seller shall maintain complete and accurate records in accordance with good commercial practices and Buyer’s requirements including specified time periods.

  13. ORDER CANCELLATION. The performance of work under an Order may be terminated, cancelled or stopped in whole or in part by Buyer for work completed as agreed upon by both Buyer and Seller.

  14. BUYER’S PROPERTY. All tools, dies, jigs, fixtures, patterns, equipment, material and other property or items purchased, furnished, charged to or paid for by Buyer, and any replacement thereof, shall remain the property of Buyer. The Buyer’s property shall be maintained and secured and kept in good working order if held by the Seller for an indefinite period of time or until Buyer and Seller agree on a determination. Seller will use such items exclusively for the Buyer’s requirements.

  15. COMPLIANCE WITH LAWS AND REGULATIONS. Seller warrants that the performance of an Order shall comply with all laws and regulations for both state and federal governments of the United States of America.

  16. PURCHASE ORDER TERMS & CONDITIONS. The terms and conditions listed on the purchase order and shown here shall be in full compliance and