Terms and Conditions of Purchase ENTIRE AGREEMENT

Terms and Conditions of Purchase  ENTIRE AGREEMENT
Terms and Conditions of Purchase
subject to escalation from SELLER’S increase in labor
or material costs, currency exchange rate fluctuations,
or any other cause.
1. ENTIRE AGREEMENT
1.1
1.2
1.3
McCoy Global Inc. and/or its affiliates (hereinafter
referred to as "BUYER") and the "SELLER" (identified
on the Purchase Order to which these terms and
conditions are attached) hereby agree to be bound by
the Purchase Order, these terms and conditions and all
other documents attached to the Purchase Order
(collectively, the "ORDER") in connection with the
purchase of the items of goods and/or services
described in the ORDER (the "ITEMS").
The ORDER, including ORDER’S attachments and
references, forms the entire agreement between
BUYER and SELLER to the exclusion of any and all
other terms and conditions whether oral or written
including any terms and conditions the SELLER
may have provided in SELLER’S quote or printed on
SELLER’S Purchase Order acknowledgement,
invoices, or any other forms or documents the
SELLER may use and the SELLER acknowledges that
it has not relied on any statement, promise, or
representation made by the BUYER which is not set out
in the ORDER and waives any rights it may have in
respect of the same. Nothing in these terms and
conditions will operate to exclude liabilities for fraud or
fraudulent misrepresentation.
2.2
2.3
In the event that during the course of the ORDER, the
BUYER shall change quantity or specification, under the
provision of above, then any applicable change in
purchase price (up or down) proposed by SELLER and
agreed by the BUYER in writing shall be reflected in the
ORDER amendment, thus the purchase price stated in
the latest amendment of the ORDER shall be the
purchase price the SELLER shall invoice and the
BUYER shall pay.
2.5
BUYER shall pay the purchase price within the term
stated in the ORDER after the ITEMS are received,
subject to BUYER’S receipt of a proper invoice. In the
absence of any specific payment terms, BUYER shall
pay the purchase price for any the ITEMS within sixty
(60) days after receipt of the ITEMS and the
corresponding invoice. Invoices shall be mailed on, and
dated as of, the date the ITEMS are shipped from
SELLER. Any payments made by BUYER prior to
BUYER'S acceptance of all the ITEMS shipped, shall be
considered advances, subject to return in the event of
rejection of any of the ITEMS.
2.6
Without prejudice to any other remedy or rights the
BUYER may have, including without limitation at law or
in equity, BUYER may withhold, set-off, or counterclaim
any funds otherwise due SELLER in the event SELLER
has any financial obligations to BUYER or otherwise
shall be in default hereunder, so long as such default
exists.
2.7
The purchase price for any of the ITEMS imported into
the United States shall separately state and itemize the
costs of duties, taxes, and fees included in the purchase
price under Incoterms 2010 (DDP) Delivered Duty Paid
conditions.
In the event these terms are waived or modified in
whole or in part, such waiver or modification shall either
be noted in the body of the ORDER or provided in an
addendum document from the BUYER attached to or
enclosed with the ORDER and signed by a
representative of the BUYER.
2. PRICE, INVOICING, SET-OFF, AND
PAYMENT
2.1
2.4
The purchase price of the ITEMS shall be the purchase
price specified in the ORDER, provided such purchase
price shall not be higher than last purchase price quoted
or charged to BUYER by SELLER unless otherwise
agreed in writing. If SELLER'S established purchase
price for any of the ITEMS on the date of shipment is
lower than the purchase price specified herein, BUYER
shall pay such lower purchase price therefore.
BUYER will not be liable for any federal, state, or local
taxes unless separately stated and itemized on the face
of the ORDER and invoice as a separate item. No
items of goods are being purchased for re-sale, and no
sales/use tax shall be added when an exemption has
been provided to SELLER or if an exemption is
indicated by the addition of BUYER’S Federal Tax
Payer Identification Number on the face of the ORDER.
Unless stated otherwise in the ORDER, the purchase
price is firm and fixed for the ITEMS ordered and not
Terms and Conditions of Purchase
July 8, 2014
Page 1 of 6
3. QUANTITIES AND DELIVERIES
3.1
Shipment must equal exact amounts ordered unless
otherwise agreed by BUYER in writing.
3.2
TIME AND DATE OF DELIVERIES ARE OF THE
ESSENCE OF THE ORDER. The delivery schedules
are based upon SELLER'S agreement that: (a) the
ITEMS will be delivered to BUYER’S location, Incoterms
2010 (DDP) Delivered Duty Paid (named place of
destination), unless otherwise specified in the ORDER;
and, (b) the ITEMS comprising services shall be
completed, by the date specified in the ORDER.
3.3
If deliveries are made later than the date agreed upon,
then BUYER shall have the right, in addition to all other
remedies, to reject such ITEMS, and at BUYER'S
www.mccoyglobal.com
option, terminate the ORDER either with respect thereto
or together with any remaining installments, and
SELLER shall be liable for all loss thereby incurred by
BUYER.
3.4
3.5
3.6
If it appears that SELLER will not meet or has not met
the delivery schedule set forth herein, then SELLER, at
BUYER'S request, shall: (a) ship any ITEMS via
expedited routing; and/or, (b) use over-time work to get
the ITEMS back on schedule. Any and all incremental
increases in cost shall be borne by SELLER.
BUYER shall have the right to demand shipment of the
ITEMS in one or more installments, within the time
provided.
4.2
5.3
BUYER may at any time by written change orders to
SELLER (and without notice to any surety or assignee)
make changes in any one or more of the following in
connection with the ORDER: (a) drawing designs or
specifications; (b) methods of shipping or packing; (c)
places of inspection, acceptance, or point of delivery;
and/or, (d) delivery schedule.
To the extent that either party can demonstrate that any
such change will increase or decrease the cost of or the
time required for performance of the ORDER in any
material respect, an equitable adjustment may be
requested by such party in the purchase price, delivery
schedule, or both.
4.3
No claim by SELLER for such an adjustment will be
valid unless submitted to BUYER within thirty (30) days
from the date of such change giving rise to the claim,
and is signed by BUYER.
4.4
Nothing contained herein shall relieve SELLER from its
obligation to proceed without delay in the performance
of the ORDER, as changed by BUYER, pending the
outcome of any disputes as to cost or schedule.
6.1
The SELLER shall comply with the specifications and all
manufacturing and/or test processes, standards, or
other information relating to the ITEMS defined by the
BUYER (including BUYER’S Client where applicable) in
the ORDER.
6.2
In the event that no specification is specified by the
BUYER, the SELLER shall comply with all SELLER’S
advertised specifications, standards, and codes
applicable to the ITEMS to be provided under the
ORDER.
6.3
The SELLER shall comply with all applicable
regulations, other legal requirements, best practice, and
industry standards concerning the manufacture,
packaging, and delivery of the ITEMS.
6.4
In providing goods or services under this Order,
SELLER shall comply with any and all applicable
federal, state, local, and international laws, regulations,
ordinances, executive orders, rules, orders, standards,
conventions, directives, and treaties, including those
relating to: (a) design, manufacture, transportation,
sales, advertising, distribution, exportation, importation,
labeling, packaging, certification, or approval of the
goods or services; or, (b) employment discrimination,
hours and conditions of employment, occupational
health and safety, wages,
environmental matters,
product safety, motor vehicle safety, corrupt or
deceptive practices, boycotts, antitrust, consumer
products, or government subcontracting. If the BUYER
has provided any assistance in identifying such laws or
regulations that may apply, these are for guidance
purposes only. The SELLER is solely responsible to
ensure SELLER’S ITEMS meet all applicable laws and
regulations that apply.
6.5
The SELLER shall not unreasonably refuse any request
by the BUYER to inspect and/or test the ITEMS at the
SELLER’S premises during or upon completion of
manufacture. Such request may, where applicable
include inspection and/or test by the BUYER’S Client or
an appointed third-party inspection authority.
The
SELLER shall also procure that the BUYER shall have
identical rights of inspection and/or test at the
SELLER’S subcontractor’s premises.
6.6
The ITEMS shall be marked in accordance with the
BUYER’S instructions and any applicable regulations or
5. HAZARDOUS MATERIALS
5.1
5.2
For the ITEMS that may contain potentially hazardous
and/or restricted materials, if requested by BUYER,
SELLER shall promptly furnish to BUYER in whatever
form and detail BUYER reasonably requests: (a) a list of
all potentially hazardous ingredients in the ITEMS; (b)
the quantity of one or more such ingredients; and/or, (c)
information concerning any changes in or additions to
such ingredients.
Before shipping the ITEMS, SELLER agrees to furnish
to BUYER sufficient warning and notice in writing
(including appropriate material safety data sheet
(MSDS) labels on the ITEMS, containers, and packing)
of any hazardous material that is an ingredient or a part
of any of the ITEMS, together with such special handling
Terms and Conditions of Purchase
July 8, 2014
Page 2 of 6
SELLER shall comply with all applicable federal, state,
local, and foreign laws (as applicable) and regulations
pertaining to product and warning labels.
6. SPECIFICATIONS, TEST, AND
INSPECTION
BUYER shall have the rights to consider any
nonconforming installment shipment as a breach of the
entire ORDER.
4. CHANGES
4.1
instructions necessary to advise the involved carriers,
BUYER, and their respective employees how to
exercise that measure of care and precaution that will
best prevent bodily injury or property damage in the
handling, transportation, processing, use or disposal of
the ITEMS, containers and packing shipped to BUYER.
www.mccoyglobal.com
requirements of the carrier, and properly packed and
secured so as to reach their destination in an
undamaged condition.
or the specification, and shall not be deemed to have
accepted of the ITEMS until the BUYER has had a
reasonable time to inspect them following delivery or, if
later, within a reasonable time after any latent defect in
the ITEMS has become apparent.
7. NONCONFORMING ITEMS
7.1
BUYER may reject and hold subject to SELLER’S
disposal or return to SELLER, at SELLER'S expense,
any ITEMS, which are not as warranted, or otherwise
not in conformity with the requirements of and
specifications in the ORDER, or which exceed the
quantity ordered.
7.2
Under no circumstances shall BUYER be required to
resell the rejected ITEMS. Without limiting any other
rights BUYER may have, BUYER at its option, may
require SELLER to repair or replace, at SELLER'S
expense, any or all of the ITEMS rejected by BUYER or
to refund the price of any or all rejected ITEMS.
7.3
7.4
SELLER’S obligations with regard to the replacement of
defective ITEMS shall include the obligation to replace
any items of BUYER’S property that are damaged by a
defective ITEM, and shall include “in and out” costs, to
the extent the defective ITEM is installed in a larger
piece of equipment or structure.
SELLER shall not re-quote to BUYER any ITEMS
previously rejected by BUYER unless BUYER has been
notified of such re-quote and consents to the same in
writing.
8.7
The SELLER shall supply the BUYER in good time (but
not later than the date of the delivery of ITEMS) with any
handling and installation, instructions and other data,
including any inspection, material and test certificates
that the BUYER shall reasonably require to incorporate
the ITEMS into BUYER’S or BUYER’S Client’s product
or site.
8.8
The BUYER shall be entitled to withhold up to ten
percent (10%) of the purchase price of the ITEMS until
all documentation requisitioned in the ORDER has been
delivered.
9. TITLE AND RISK
9.1
Risk in the ITEMS shall pass to the BUYER upon
delivery to the BUYER in accordance with the ORDER.
9.2
Title (Property) in the ITEMS shall pass to BUYER upon
the earlier of payment for or delivery of the ITEMS.
10. WARRANTY AND DEFECT REMEDY
10.1
The SELLER warrants to the BUYER that the ITEMS
will: (a) be new, of merchantable quality and fit for the
intended purpose specified in the ORDER, or when not
specified in the ORDER be fit for any purpose for which
ITEMS of that description are generally used; (b) be free
from defect in design, material, and workmanship; (c)
correspond with any relevant Specification or sample;
(d) will comply with all statutory requirements and
regulations relating to the manufacture and sale of such
ITEMS.
10.2
The SELLER warrants to the BUYER that all the ITEMS
performed will be carried out by appropriately qualified
and trained personnel with due care and diligence and
to such a high standard of quality as is reasonable for
the BUYER to expect in all circumstances.
10.3
The SELLER warrants to the BUYER that the ITEMS
shall not infringe or contribute to the infringement of any
patents, trademarks, copyrights, or other proprietary
rights.
10.4
Without prejudice to any other remedy or rights the
BUYER may have, including without limitation at law or
in equity, if any ITEMS are not supplied or performed in
accordance with the ORDER, then the BUYER shall be
entitled: (a) in respect of ITEMS which are found to be
defective with twelve (12) months of first use or eighteen
(18) months from delivery, whichever the later to require
the SELLER to repair or replace the defective ITEMS at
no cost to BUYER; or, (b) at BUYER’S sole option, and
whether or not the BUYER has previously required the
SELLER to repair the ITEMS or to supply replacement
ITEMS in accordance with the ORDER to treat the
ORDER as discharged by the SELLER’S breach and
8. PERFORMANCE AND DELIVERY
8.1
The SELLER shall schedule and perform SELLERS
work, including SELLERS procurement of sub-supplies,
in a timely manner to be able to achieve the delivery
date stated in the ORDER.
8.2
The ITEMS shall be delivered to, and/or performed at
the delivery address on the date or within the period
stated in the ORDER.
8.3
8.4
The BUYER is under no obligation to accept the ITEMS
delivered more than five (5) days earlier than the
specified delivery date, however if the BUYER elects to
accept such ITEMS the payment date will be calculated
from the delivery date specified in the ORDER.
The BUYER reserves the right by the service of not less
than two (2) weeks notice to delay delivery of ITEMS for
up to eight (8) weeks without any increase in purchase
price by the SELLER. After eight (8) weeks, the BUYER
and SELLER shall mutually agree any further period of
delay the BUYER may reasonably require and any
additional purchase price the SELLER may request for
SELLER’S costs unavoidably incurred as a direct
consequence of such extended delay.
8.5
If the ITEMS are to be delivered and/or to be performed,
by installments, the ORDER will be treated as a single
order and not severable.
8.6
The BUYER shall be entitled to reject any ITEMS
delivered which are not in accordance with the ORDER
Terms and Conditions of Purchase
July 8, 2014
Page 3 of 6
www.mccoyglobal.com
require the repayment of any part of the purchase price
which has been paid.
delivery, license, use, or sale of the ITEMS supplied
under the ORDER (“Intellectual Property Rights”),
REGARDLESS WHETHER (A) THROUGH (D) ABOVE
ARISE
IN
CONTRACT,
TORT
(INCLUDING
NEGLIGENCE
AND
STRICT
LIABILITY),
MISREPRESENTATION, WARRANTY, BREACH OF
STATUTORY DUTY OR ANY OTHER THEORY OF
LEGAL LIABILITY.
11. BUYER’S PROPERTY AND
INFORMATION
11.1
All tools, dies, molds, templates, equipment,
Specifications, data, drawings, designs, software, or
materials furnished by BUYER to SELLER or paid for by
BUYER, including replacements and materials attached
thereto, shall remain and be marked as the personal
property of BUYER. Such items shall be separately
stored and insured by SELLER, and SELLER assumes
all risk of loss and liability arising out of or related to the
items, until such items are returned to BUYER. These
items shall be used by SELLER only for filling BUYER’S
ORDER and are subject to immediate removal, at
BUYER’S written request, with each item to be delivered
(at SELLER’S expense) in its original condition,
reasonable wear and tear excepted.
11.2
SELLER shall provide to BUYER, without restriction on
use or disclosure, all information and documents that
SELLER has or shall develop or acquire related to the
work SELLER is performing under the ORDER. Such
information and documents shall be deemed to be
“works for hire” and be the property of BUYER, with
BUYER having a right of use for any purpose, without
liability to SELLER.
11.3
All information and documents BUYER may have
disclosed or shall disclose to SELLER in connection
with the ITEMS to be delivered and/or ITEMS to be
performed under the ORDER shall be deemed
confidential and proprietary and shall not be disclosed
or used by SELLER without the written consent of the
BUYER.
12.2
SELLER shall provide employers liability, commercial
general liability, automobile, public liability, and property
damage insurance in amounts and coverage sufficient
to satisfy all claims hereunder. Such policies shall
name BUYER as an additional insured, shall be
endorsed to be primary to any coverage provided by
BUYER, and shall contain a waiver of any subrogation
rights against BUYER.
12.3
For any ITEMS subject to any Intellectual Property
Rights not owned by the BUYER, SELLER shall, at
SELLER’S expense, obtain for BUYER a perpetual,
royalty-free license with respect to such ITEMS, or shall
replace or modify the ITEMS in a manner satisfactory to
BUYER, so as to avoid Infringement without any
degradation in performance. SELLER’S obligations
shall apply even though BUYER furnishes any portion of
the design or specifies materials or manufacturing
processes used by SELLER.
12.4
THE BUYER SHALL NOT BE LIABLE TO THE
SELLER UNDER OR IN CONNECTION WITH THE
ORDER,
WHETHER
IN
CONTRACT,
TORT
(INCLUDING WITHOUT LIMITATION NEGLIGENCE
AND STRICT LIABILITY, MISREPRESENTATION,
WARRANTY, BREACH OF STATUTORY DUTY OR
ANY OTHER THEORY OF LEGAL LIABILITY: (A) IN
ANY AMOUNT EXCEEDING THE PURCHASE PRICE,
AND (B) FOR ANY LOSS OF PROFIT, BUSINESS OR
CONTRACT OR ANY CONSEQUENTIAL OR
INDIRECT LOSS, CLAIM OR DAMAGE.
12. LIABILITY, INDEMNITY, AND
INSURANCE
12.1
SELLER shall defend, indemnify, and hold BUYER and
its directors, officers, employees, clients, affiliates,
agents, contractors, successors and assigns harmless
from and against any and all claims, liabilities losses,
damages (including special, consequential and
incidental damages), actions and expenses (including
reasonable legal fees) in connection with: (a) any
breach by SELLER of its warranties, covenants, or
obligations hereunder; (b) any injury (including death),
property damage, or economic loss arising out of or
related to (i) defective or nonconforming ITEMS
supplied by SELLER under the ORDER; or, (ii) acts or
omissions of SELLER or its employees or
subcontractors in providing ITEMS or performing work,
including work at BUYER’S or BUYER’S Client’s
premises or using BUYER’S property, unless resulting
from the sole negligence of BUYER; (c) any failure to
comply with applicable laws and regulations; and, (d)
any
infringement
or
contributory
infringement
(“Infringement”) of a patent, trademark, copyright, or
other proprietary interest by reason of the manufacture,
Terms and Conditions of Purchase
July 8, 2014
Page 4 of 6
13. FORCE MAJEURE
13.1
Neither BUYER nor SELLER shall be responsible for its
failure to perform due to causes beyond its reasonable
control and not caused by its negligence such as acts of
God, fire, earthquakes, war, riot, embargoes, or acts of
civil or military authorities.
13.2
If delivery is to be delayed by force majeure, SELLER
shall immediately notify BUYER in writing and BUYER
may either: (a) extend SELLER’S time of performance;
or, (b) terminate the uncompleted portion of the
ORDER, at no cost to BUYER.
14. TERMINATION
14.1
The BUYER may at any time prior to delivery of ITEMS
and/or performance of ITEMS terminate the ORDER for
the convenience of the BUYER (including BUYER’S
Client) by giving the SELLER written notice of such
termination.
www.mccoyglobal.com
14.2
14.3
14.4
14.5
Upon such notice of termination for convenience the
SELLER shall immediately cease work on the ORDER
and shall mark and identify all material associated with
the execution of the ORDER. The BUYER shall pay the
SELLER reasonable termination charges solely limited
to the cost of SELLER’S non-stock material, goods, and
labor specifically used or committed in the execution of
the ORDER up to the date of termination. The SELLER
shall not be entitled to claim for SELLER stock material
or stock goods, which the SELLER can reasonably
restock and use in the course of his normal business.
The BUYER shall be entitled to take delivery and title
(property) or provide disposal instructions for any
material or goods for which BUYER has paid the
SELLER. Under no circumstances shall the SELLER be
entitled to reuse or resell any material paid for by the
BUYER.
BUYER may terminate all or any part of its purchases
under the ORDER for cause if SELLER: (a) fails to
deliver ITEMS or perform ITEMS in the quantity and to
the quality or by the date or within the time stated in the
ORDER or specification, including any extension of
time, provided in any amendment to the ORDER; (b)
breaches these terms and conditions (including
SELLER’S warranties and covenants); (c) following
written notice by the BUYER of such concern, fails to
satisfy the BUYER that progress of the ITEMS is such
that timely and proper performance of the ORDER or
specification will be achieved; (d) SELLER ceases or
threatens to cease to carry on business; (e) the
SELLER makes any voluntary arrangement with its
creditors; (f) an encumbrancer takes possession of or a
receiver is appointed over any of the property or assets
of the SELLER; (g) a winding up order is presented
against the SELLER; or (h) the BUYER reasonably
apprehends that any of the events mentioned in (a) to
(g) above is about to occur in relation to the SELLER
and notifies the SELLER accordingly.
In the event BUYER terminates the ORDER for cause,
as detailed above, the SELLER shall immediately cease
work and if required by the BUYER deliver to BUYER all
satisfactorily completed ITEMS or material or work in
progress for the BUYER to complete in any manner the
BUYER deems appropriate. If in the sole opinion of the
BUYER the completed ITEMS or material or work in
progress cannot be used by BUYER the BUYER may
purchase substitute ITEMS from any other source.
Upon the completion of the BUYER’S obligations to
BUYER’S Client and payment by the BUYER’S Client to
BUYER, the BUYER will pay the SELLER the cost of all
satisfactorily completed ITEMS or material and work in
progress for which BUYER has taken possession, less
the BUYER’S extra cost (including expenses and any
loss or damage suffered by the BUYER and/or
BUYER’S Client) to complete the work by other means
to the satisfaction of the BUYER (including BUYER’S
Client).
Terms and Conditions of Purchase
July 8, 2014
Page 5 of 6
15. GENERAL
15.1
SELLER shall act in a manner consistent with all laws
concerning improper or illegal payments and gifts or
gratuities and agrees not to pay, promise to pay or
authorize the payment of any money or anything of
value, directly or indirectly, to any person for the
purpose of illegally or improperly inducing a decision or
obtaining a retaining business in connection with the
ORDER.
15.2
The ORDER is personal to the SELLER and the
SELLER shall not assign or transfer to any other person
any of its rights or subcontract any of its obligations
under the ORDER without the prior written consent of
the BUYER.
15.3
Any notice required or permitted to be given by either
party to the other under these terms shall be in writing,
addressed to the other party at its registered office or
principal place of business or such address as may at
the relevant time have been notified in writing pursuant
to this provision to the party giving notice.
15.4
No waiver by the BUYER of any breach of the ORDER
by the SELLER shall be considered as a waiver of any
subsequent breach of the same or any other provision.
No failure or delay by the BUYER to exercise any right,
power or remedy will operate as a waiver of it nor will
any partial exercise preclude any further exercise of the
same or some other right, power or remedy.
15.5
BUYER’S remedies shall be cumulative. BUYER may,
but shall not be obligated to cancel the ORDER, refuse
to take delivery of any of the undelivered ITEMS, reject
the ITEMS delivered or retain the ITEMS and exercise
any other rights and/or remedies available to BUYER, at
law or in equity, if SELLER fails to comply with any of
the terms and conditions set forth herein. Any such
refusal to take delivery shall relieve BUYER from any
further obligation hereunder, provided such refusal shall
not prejudice the rights of the parties with respect to
ITEMS sold or delivered to BUYER prior thereto.
15.6
Except as otherwise specified herein, no supplement,
modification, or amendment of any term, provision, or
condition of the ORDER shall be binding or enforceable
unless executed in writing by the parties hereto.
15.7
In the event of default hereunder, the defaulting party
shall be liable to the non-defaulting party for all
expenses and costs incurred by the non-faulting party in
protecting or enforcing its rights hereunder including but
not limited to reasonable attorneys' fees and costs of
court or arbitration.
15.8
If any provision of these terms and conditions are held
by any competent authority to be invalid or
unenforceable in whole or in part, the validity of the
other provisions of these terms and conditions and the
remainder of the provisions in question shall not be
affected thereby.
www.mccoyglobal.com
15.9
SELLER shall not, without the prior written consent of
BUYER, disclose any information relative to this
ORDER to any third party. Any drawings, specifications
or other materials and information submitted or revealed
by BUYER to SELLER in connection with the ORDER
are confidential and proprietary to BUYER and shall not
be disclosed to any third party or utilized by SELLER in
any manner other than in filling BUYER'S orders. To
the extent that SELLER must share confidential
information with subcontractors and suppliers, SELLER
shall only do so after such parties have entered into a
confidentiality agreement no less stringent than herein
provided.
15.10 The ORDER shall be deemed to have been made in
Harris County, Texas and shall be governed by and
construed and enforced in accordance with and subject
to the laws of the State of Texas. BUYER and SELLER
expressly agree that any action relating to or arising
from this ORDER shall be instituted and prosecuted in
the state courts of or federal courts for Harris County,
Texas, SELLER expressly and irrevocably consents to
personal jurisdiction in the appropriate State of Texas or
Federal court therein. SELLER further irrevocably
consents to service of process by certified mail, return
recent requested to the address set forth on the face of
the ORDER, and BUYER and SELLER each waive the
right to change of venue.
15.11 In the event the ORDER is deemed to be a subcontract
within the meaning of Section 202 of Executive Order
11246, dated September 24, 1965, as amended, then
such section is hereby incorporated herein by reference,
to the general effect that the SELLER shall not
discriminate against any employee or applicant for
employment under the ORDER because of race, color,
religion, sex or national origin and further that the
SELLER shall take affirmative action to ensure that
applicants and employees are treated without regard to
their race, color, religion, sex or national origin. Also
incorporated herein by reference are the affirmative
action obligations of contractors and subcontractors with
respect to veterans (41 C.F.R. Part 60-250) and with
respect to handicapped workers (41 C.F.R. Part 60741), to the extent that such provisions are applicable.
Terms and Conditions of Purchase
July 8, 2014
Page 6 of 6
www.mccoyglobal.com
Was this manual useful for you? yes no
Thank you for your participation!

* Your assessment is very important for improving the work of artificial intelligence, which forms the content of this project

Download PDF

advertisement