PO Terms and Conditions
UPDATED 2/01/25
By acceptance of this Order, Seller agrees to be bound by, and to comply with all these Terms, which include any supplements, and all product specifications and other documents referred to in this Order. Terms and conditions different from or in addition to these Terms, whether contained in any acknowledgment of this Order or otherwise, will not be binding on White Label MFG. These Terms may be modified only by a written document by both the Seller and White Label MFG.
An accepted Order, receipt or request of a deposit for the Order number, and/or Seller's full or partial performance under this Order, will constitute acceptance of these Terms. If Seller uses subcontractors, Seller will notify White Label MFG prior.
White Label MFG may terminate all or any part of this Order if the Seller fails to perform and produce the same quality of product as the approved sample, in accordance with specifications in documents, and/or deliver Order on time. In the absence of product specification documents, Seller will use its own specification documents or those provided by White Label MFG and tolerances as the product standard.
If the factory for any reason anticipates difficulty in complying with the required delivery date, or in meeting any of the other requirements of this Order, White Label MFG must be notified promptly. If the Seller does not comply with White Label MFG's delivery schedule and fully deliver the Order by the cancel date, White Label may terminate the Order and be compensated 100% of all prepayments. Should delivery schedules be impacted, White Label MFG may elect delivery by fastest transportation way and charges resulting from the premium transportation must be fully prepaid and absorbed by the Seller. At its election, White Label MFG may select the transportation method and if not paid by Seller, offset any monies due against the Order.
All goods must be packaged as noted in the Order. If packaging isn't specified in the purchasing agreement or supplemental document, Seller shall package the goods so as to avoid any damage in transit. If White Label MFG does not specify the manner of shipment, route, or carrier, Seller shall ship the goods at the lowest possible transportation rates, consistent with Seller's obligation to meet the delivery schedule set forth in this Order. Seller to insure all goods while in transit, if and while goods are in Seller’s responsibility per the terms of the Purchase Order.
Orders must be shipped complete. If an Order is short shipped by more than 2% (less than the quantity ordered per shipment), White Label MFG maintains the right to reject such Order, or allow Seller to complete the Order, as agreed. White Label MFG will not be responsible to Seller for any overages shipped past the Purchase Order quantities. If Seller is using White Label MFG supplied materials, Seller is responsible for returning those materials to White Label MFG (or to an indicated location) within 30 days of a cancelled order, or reimbursing White Label MFG for any materials that are damaged, stolen, rejected due to Seller's modification, held by customs or by Seller contracted carrier, unless mutually agreed in writing.
All goods and services will be subject to inspection and test by White Label MFG at all times and places, including the period of manufacture and after goods have been delivered. Final acceptance or rejection of the goods or services will be made as promptly as practically possible after delivery, except as otherwise provided in this Order. Failure to inspect and accept or reject goods or services or failure to detect defects by inspection, will neither relieve Seller from responsibility for such goods or services as are not in accordance with this Order, for a period of 90 days.
Seller must conduct inspection of goods during manufacturing, packaging, and shipping stage, and all records of inspection work by the Seller should be truthfully documented, kept, and available for White Label MFG to access for a period of one year. If any of the goods or services are found at any time to be defective in material or workmanship, or otherwise not in conformity with the requirements of this Order, including any applicable renderings and specifications, then White Label MFG may reject and return such goods at Seller's expense, require Seller to inspect the goods and remove nonconforming goods and/or require Seller to replace nonconforming goods or services with conforming goods or services. If Seller fails to make the necessary inspection, removal, and replacement in a time and manner satisfactory to White Label MFG, White Label MFG may at its option inspect and sort the goods; Seller will pay any related costs. Payment, if any, made for any goods rejected hereunder shall be promptly refunded by Seller. Further, if after inspection of 10% of the goods, more than 2% are found to be defective or outside the tolerances in the product specifications, White Label MFG may elect to reject the entire Order.
Changes to this Order, including changes to designs, specifications, quantities, methods of shipment or packing and delivery schedules or location of delivery, will need to be written and agreed upon White Label MFG and the Seller. If any such changes cause an increase or decrease in the cost or the time required for the performance of any work under this Order, the Seller must notify White Label MFG and receive written confirmation before proceeding with the changes. If Seller doesn't communicate any price increases or changes to delivery schedules, White Label MFG will assume and hold Seller accountable to the original dates noted in the Order, under the same contract price.
