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Definitions/Acceptance Of Purchase Orders/Price And Payment/Delay Penalty/Delivery Terms/Warranty/Breach Of Warranty/Limitation Of Liability/Substitution 등으로 구성되어 있습니다

저작시기 : 2002년 12월

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general terms and conditions
1.definitions
as used in these terms and co
nditions : a) order means the purchase order and all attachments, exhibits and documents referenced therein and all terms and conditions thereof, together with any subsequent modifications thereto.b) product(s) means any materials, machinery, equipment, article, item, services or work provided for in the order.c) vendor means the person, firm, company or corporation to whom the order is issued.d) buyer means forms or agent for forms.e) owner means forms for whom the products are purchased or leased under the order.f) sub-vendor means the person, firm, or corporation who supplies vendor with the products which are used by vendor in connection with the order.
2.acceptance of purchase orde
rs
the order is conditioned on v
endors acceptance of all terms and conditions thereof.vendor shall be deemed to have accepted and be bound by the order when he commences work on and/or delivers any of the products ordered or performs any of the services referred to therein or receives any payment thereunder.the vendor agrees that these general terms and conditions apply and govern to the exclusion of all others.
3.price and payment
unless otherwise stated, all
prices for products are firm and are not subject to price escalation for any reason whatsoever.any applicable sales, usage, or similar taxes levied in the country of manufacture and export, charges, fees, vendors profit, and other expenses are included in the price.payment shall be made in accordance with the applicable provisions of the order.
4.delay penalty
in case of delayed delivery b
y vendor, owner and/or buyer shall have the right to charge vendor a penalty which will be calculated at the rate of zero point two percent (0.2%) of the delayed amount for each day of delay after the latest shipping date on the order.maximum penalty shall not exceed ten percent (10%) of the total purchase order amount under the order.in case of a penalty over ten percent (10%) of the total purchase order amount, owner and/or buyer can cancel the order and make another contract with other vendors.(all costs due to this charge shall be borne by vendor.) however, vendor shall not be charged for the late shipment caused by force majeure, subject to provisions of below section 10.should the delay cause a serious impact on project schedule, owner and/or buyer, at its option, may cancel or terminate the order.further, any expenses such as l/c amending incurred due to late shipment beyond delivery date stipulated in order and l/c shall be for the account of the vendor.
5.delivery terms
all delivery terms used in th
is order and all deliveries made are to be in accordance with incoterms 2 and subsequent addenda thereto, as issued by the international chamber of commerce in paris.
6.warranty
the vendor warrants that the
product(s) to be supplied to buyer shall strictly conform with the specifications and shall be suitable, merchantable and fit for the purpose of such product(s).such specifications shall be provided by buyer in advance, if any.
7.breach of warranty
in the event of vendors breac
h of warranty, vendor shall, at buyers option, either (a) refund the total sales price to be paid by buyer to vendor for the product(s), (b) provide a discount in price equal to the reduced value of the product(s) or an equivalent credit against future purchases, or (c) supply buyer, at vendors own account, with substitute product(s) in an amount sufficient to replace all defective or non-conforming amounts of the product(s).
8.limitation of liability
the vendor shall be liable to
buyer for breach of the order or any other matters related with vendors failure to perform under the order, inclusive of negligence, for at least one hundred fifty percent (150%) of the total and aggregate purchase price for the product(s).in any event, the vendor shall be liable to buyer for any loss of profit or any other type of indirect, incidental or consequential loss arising in connection with vendors breach of the order or any other matters related with vendors failure to perform under the order.
9.substitution
no substitution will be permi
tted under this order except on specific written authority of the buyers purchasing team.
10.force majeure    (이하 생략)

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