Terms & Conditions for Customers
The following Terms and Conditions of Sale and Delivery (hereafter “Terms and Conditions”) are incorporated, by reference, into every quotation, acknowledgment, agreement, and invoice issued by Patriarch Consulting.
The quotation issued by Patriarch Consulting (hereafter “Quotation”), whether or not in response to a Request for Quotation (“RFQ”), and as may be amended from time to time, is an offer to enter into a requirements contract with the Buyer, as identified within the Quotation, to sell the product(s) described within the quotation (the “Products”) for the length of the vehicle program or length of the engine program as specified within the Quotation. The drawings, specifications, preliminary statements of work, and assignment of tasks and responsibilities, as they may be amended from time to time, are incorporated herein by reference excluding any general terms and conditions. The Buyer’s purchase order terms and conditions are specifically not incorporated into the Quotation. The Buyer accepts the Quotation by (a) signing the Quotation; (b) issuing a purchase order for the Product(s); (c) accepting delivery of the Product(s); or (d) by other conduct which fairly recognizes the existence of a contract for the purchase and sale of the Product(s).
Acceptance by the Buyer shall be limited to and conditional upon the Buyer’s acceptance of the terms of the Quotation exclusively. Any additional or different terms proposed by the Buyer, whether in its Purchase Order, RFQ Materials, Material Releases, Scheduling Agreements, or otherwise, are unacceptable to and expressly rejected by Patriarch Consulting. Patriarch Consulting will not be bound to any provisions in the contract(s) between the Buyer and its customer(s).
The price for the Product(s) that is listed on the face of the Quotation is not subject to decrease on account of pricing to any other Patriarch Consulting's customer or on account of any yearly pricing decreases unless noted on the face of the Quotation. Furthermore, the Price for the Product(s) is subject to adjustment in accordance with provisions contained in the Quotation and shall include a pass-through to the Buyer of increases in: raw materials, freight charges, labor rates, and currency exchange rate fluctuations greater than 5% (in the case of currency exchange rate fluctuations, it is the exchange rate between the currency of payment and the currency of the country in which the Product(s) is manufactured). In addition, a price adjustment shall be made reflecting higher piece price costs as the result of any decrease in annual volumes greater than 20% from the Buyer’s estimates in the quoting process.
Terms and Conditions of Payment
If payment terms are not contained within the Quotation, payment for the Product(s) shall be made “Net 30 Days” from the date of the invoice in US Dollars. Payment shall be rendered via electronic funds transfer or check. The receipt of payment by Patriarch Consulting shall be decisive with regard to the timeliness thereof. The Buyer shall not delay payment for goods pending inspection as identified below.
In the event of delayed or deferred payment, Patriarch Consulting shall be entitled to charge normal bank interest at a rate that is 5% above Patriarch Consulting’s current Weighted Average Cost of Capital without requiring formal service of default. In the event the Buyer is in payment default, Patriarch Consulting shall be entitled to re-collect the delivered Product(s) until it is paid for in full or withdraw from the Contract without waiving its claims.
The remedies afforded to the Buyer for breach of Warranty (as defined below) shall be exclusive for nonconforming Product(s) and shall be cut off if the Buyer inspected, or reasonably should have inspected the Product(s) and could have discovered the non-conforming Product(s) upon such inspection.
The conditions about :
Shipping, Transfer of Risk
Deliveries, Delivery Period
can be obtained from Patriarch Operations Team