Hereinafter the company, Precision Shooting Equipment, Inc., will be referred to as “PSE”.
These terms and conditions shall apply to all PSE orders, transactions and handling, except to the extent that other terms and conditions applicable to specific orders are approved in writing and signed by an authorized PSE officer and specified in the written order. Any other changes in terms or conditions are not effective or binding on PSE.
- Execution of Performance.
2.1 Delivered goods must comply with all relevant legal, statutory, official and other requirements and provisions including (without limitation) regulations for prevention of accidents, standards, recognized rules of engineering, drawings and specifications and other documents forming the basis of the order. Any amendments to the foregoing or any delivery item require prior written approval by PSE.
2.2. Partial deliveries will not be accepted, admitted or received without prior written approval by PSE. Quantities specified in the order must be adhered to, except in case of standard materials regularly ordered by PSE in large quantities in which case a variation quantity of 5% in relation to the specific order is acceptable, unless PSE states otherwise in the order. Orders with quantity variation over 5% will be returned to supplier at no cost to PSE.
2.3. Serial deliveries of a new part or item may not be started before first article or PPAP has been approved by PSE Engineering Department.
3.1. The dates of delivery specified in the order binding. Supplier shall be obligated to inform PSE immediately in writing of any circumstances which may result in delay of delivery.
3.2. If delivery is delayed, PSE shall be entitled to a contract discount amounting to 1% of the delivery value per week as an estimated reimbursement for damage or loss incurred by PSE as a result of the delay, not exceeding 5% of the total or the proportional purchase price with which Supplier is in delay. All legal claims shall be reserved. The delay discount incurred shall be deducted from the next invoice. PSE shall be entitled to the contract discount in addition to specific performance in addition to all other legal and equitable remedies.
3.3. Supplier must compensate PSE for any actual damages resulting from delay in addition to the contract discount.
3.4. In addition to all other remedies at law or in equity, in the event of delay in delivery by Supplier, PSE shall be entitled to compensation in lieu of performance, or to procure replacement from a third party or to withdraw from and cancel the contract or purchase order.
Supplier shall be solely responsible for the order and proper packaging and shipment. A delivery or packing slip must be included with each shipment. If material is hazardous, each shipment must contain MSDS Sheets. The delivery note or packing slip must include the order specification, purchase order number, PSE product number and gross and net weight. If PSE incurs damages due to the non-observance of the above, Supplier must compensate PSE in the full amount of the damage, which PSE may deduct from the next invoice.
- Prices and Payment.
5.1. The prices stated in the order or transaction of PSE and confirmed by Supplier are fixed prices and shall apply for delivery, work and packaging, unless a different price has been expressly agreed to in writing by PSE. If PSE makes advance payment in specific cases, then it shall be entitled to a guarantee from Supplier.
5.2. Unless otherwise agreed by PSE in writing, PSE shall pay the purchase price within 45 days, calculated from the delivery and receipt of the invoice, with a fast-pay discount of 2% if payment is remitted by PSE within 45 days of receipt of invoice. If the invoice is received before the goods have arrived, the date of receipt of the goods shall be the date for the calculation of the discount period.
- Inspection of Incoming Goods.
6.1. Supplier shall be responsible for the quality of the subjects of the contract/purchase order without any exceptions. Supplier shall notify the person ordering the goods about any items it considers to be non-conforming, defective or of a quality that does not satisfy the purchase order or industry standards.
6.2. If PSE’s random sampling inspection procedure detects unacceptable quality or defective goods, PSE shall be entitled to reject the goods completely or to inspect each individual part at the expenses and risk of Supplier. Supplier shall reimburse PSE for any expenses and labor costs incurred by PSE.
- Liability for Defects.
7.1. Supplier shall be liable for all defects in goods unless otherwise agreed in writing by PSE.
7.2. Supplier shall guarantee that any goods delivered by Supplier comply with all applicable laws, rules, regulations, safety requirements, professional and engineering standards.
7.3. If Supplier has any doubts concerning PSE’s demands regarding the conditions of the goods to be delivered, Supplier must immediately make written inquiry to PSE.
7.4. The unconditional warranty period of any defects shall be 3 years, calculated as the date PSE discovers the defect. Supplier must remove any defects of the delivery/performance notified within the warranty period, without delay and free of charge, by repair or by replacing the defective parts as determined by PSE, in its reasonable discretion. Supplier shall bear any and all expenses required for this. The removal of defects and replacement or remanufacturing must be initiated immediately upon notice by PSE.
7.5. Any further claims due to defects, including (without limitation) PSE’s right to withdraw from the purchase order, and PSE’s right to compensation of the damage, compensation in lieu of performance, remain unaffected by Supplier’s warranty obligations. If Supplier fails to perform warranty obligations within a reasonable time set by PSE, PSE may take necessary measures itself or have third parties do so at Supplier’s cost and risk. In urgent cases, PSE can, upon notice to Supplier, accomplish the supplementary performance itself in the form of removal of defects or have it done by a third party, all at Supplier’s cost.
7.6. Supplier shall be unconditionally liable for all repairs, replacements and compensation for damage, including compensation for damage in lieu of performance in accordance with applicable law. The warranty period is 3 years, calculated from the detection of the defect.
8.1. Supplier shall indemnify, defend and hold PSE harmless from claims made against PSE by customers concerning a purchase of consumer goods based on a defect of an object delivered by Supplier. Supplier must indemnify PSE for 6 years following expiration of Supplier’s warranty.
8.2. Supplier is responsible for any product damage. Supplier shall be obligated to indemnify PSE against third party damage claims upon demand.
8.3. Supplier shall be obligated to reimburse PSE for any expenses pursuant to law resulting from or in connection with product recalls performed by PSE. PSE will inform Supplier about the contents and extent of the recall measure, and provide Supplier a reasonable opportunity to participate in the recall process.
8.4. Supplier shall be liable for consequential damages incurred by PSE for claims from product liability or from the violation of official safety regulations.