The terms and conditions of sale set forth below are between Midwest Military Fasteners LLC and to whom has submitted the offer of purchase, herein after referred to “Seller” and “Buyer” respectively. These terms and conditions are automatically incorporated into any offer to sell tendered by Seller. Buyer’s offer of purchase is wholly dependent on acceptance of these terms and conditions. Buyer acknowledges that if they send an offer of purchase that contains terms and conditions different than what it is noted herein, then this acknowledgment shall not constitute acceptance of Buyer’s terms and conditions.
Quotations and Pricing: Quotations and pricing reflect an offer to sell based on immediate acceptance by Buyer. Quotations and pricing are subject to change at any time at Seller’s sole discretion. Unless otherwise specified, pricing reflects F.O.B. point of shipment terms.
Payment: Payment terms shall be established on a customer by customer basis. Seller reserves the right to change payment terms at Seller’s sole discretion. Seller reserves the right to hold shipments and to not accept orders based on a Customer’s credit status with Seller.
Cancellation by Seller: Seller reserves the right to cancel all or any part of an order previously accepted by Buyer at the sole discretion of Seller.
Disclosure of Company Information: Buyer consents to disclose to Seller information regarding credit worthiness upon Seller’s request. Buyer also authorizes Seller to contact any entities it names with the intent of making a reasonable judgment of credit worthiness.
Deliveries: Delivery dates are good faith estimates based on conditions at the time of quotation and are subject to change at any time. Unless otherwise stated, Seller reserves the right to ship any order or part thereof early. Under no circumstance shall Seller be held liable for damages or expenses caused by delays in delivery.
Title: Title and possession of goods under any order placed by Buyer shall pass to Buyer upon delivery to the point of shipment, unless otherwise specified. Buyer shall specify routing instructions for items ordered from Seller. In the absence of routing instructions, Seller reserves the right to specify routing of all shipments.
Limitation of Liability: Seller warrants that at the time of shipment goods conform to the Buyer’s accepted purchase order. This is based upon manufacturer certifications and/or inspections performed by Seller Buyer agrees that product will be inspected within seven days of receipt. If Seller shall find defects or non-conformance, then Buyer agrees that it will give Seller a reasonable written notice. In this case, Buyer agrees that the item(s) received have not been abused or used beyond the scope of their normal capacity. Seller shall in no event shall be responsible for more than the cost of the non-conforming items. In no event shall Seller be liable for loss of use or for any indirect, incidental, or consequential damages, including but not limited to consequential damages for personal injuries. The parties expressly agree that this disclaimer shall remain in effect in the event that Buyer’s sole and exclusive remedy fails of its essential purpose. All other warranties, direct or implied, including the implied warranties of merchantability and fitness for a particular purpose, are hereby excluded. Any remedy for Buyer described here or elsewhere shall be considered void if product has been altered by Buyer or by Buyer’s agents or customers. This includes, but is not limited to plating, machining, drilling, and other operations that alter the composition, functionality, purpose of the articles delivered by Seller.
Cancellation: In the event of any cancellation by Buyer, any items completed at the time of receipt of written cancellation notice will be shipped and invoiced at the contract price. Buyer agrees that it will pay within terms for these items in the same manner as if the order were not cancelled. Any work on the balance of the order will be as promptly as possible and Seller shall be reimbursed for all actual expenditures, commitments, liabilities, and costs determined in accordance with good accounting practices made or incurred with respect to such incomplete items.
Claims and Adjustments: No shortage claim or error in shipment will be adjusted unless reported in writing to Seller within ten days of receipt of material. Returns, regardless of reason, will not be accepted without prior written authorization by Seller. Returns shall be properly packaged to prevent damage during transit and returned prepaid by the best and most economical means.
Compliance with Law: It is agreed by the Buyer that any items received from Seller will not be used in a manner contrary to US Law.
Statute of Limitations: It is agreed by the Buyer that any action of any kind against the Seller must commence on or before the six month anniversary of the date the right, claim, demand, or cause of action shall have first occurred.
Sole Agreement: This proposal supersedes and cancels any previous understanding or agreement, written or implied, between the parties relating to the goods covered. It expresses the complete and final understanding of the parties in respect thereto, and may not be changed in any way except in writing signed by both parties.
Suppliers of product and product-related services are expected to enforce an effective quality management system (QMS). The QMS may be validated by 3rd party sources or regulatory bodies (ISO 9001, SAE AS 9100, QSLM/QSLD etc ). Midwest Military Fasteners reserves the right to review or audit a Supplier’s QMS at any time. Any change in 3rd party certification status of a Supplier’s QMS must be communicated to Midwest Military Fasteners to avoid corrective action. If a Supplier does not maintain a 3rd party certified QMS they must still be able to display certain requirements to Midwest Military Fasteners. These include but are not limited to; proper control of documents and records (Reference: ISO 9001:2015 7.5.3), a quality policy (ISO 9001:2015 5.2), identification and traceability of goods and/or services (ISO 9001:2015 8.5.2), proper preservation of product to prevent damage or destruction (ISO 9001:2015 8.5.4), the control of nonconforming product (ISO 9001:2015 10.2), a system to address corrective action (ISO 9001:2015 10.2). Failure or misrepresentation of criteria can result in canceled contracts and loss of approved supplier status. Acceptance of any purchase or work order given by Midwest Military Fasteners indicates approval of these terms.
For orders made from Midwest Military Fasteners LLC to vendors that note that the product’s end-user is the US Government or a company engaged in work under a US Government contract, additional terms and conditions apply. In addition to contract clauses specifically called out in the purchase order, the Mandatory FAR, DFAR, and DLAD clauses listed in the DLA Master Solicitation for Automated Simplified Acquisitions in effect as of the date of this order apply unless otherwise specified. These clauses can be found at https://www.dla.mil/HQ/Acquisition/Offers/eProcurement/
