Customer & Supplier Terms and Conditions
Specialty Cable Corporation
Standard Terms and Conditions
The following terms and conditions apply to all customer sales orders:
- All quotations are subject to change or withdrawal without notice. Orders shall not be considered accepted until acknowledged on Seller’s order acknowledgment form. Acceptance is expressly limited to the terms and conditions stated
- All estimates as to deliveries are based upon conditions prevailing at date of In the event that there are any delays in deliveries, the Seller shall not be liable therefor and the Buyer agrees to accept such deliveries when made by the Seller. Failure of any delivery shall not be deemed to impair the value of or to breach the contract as to other deliveries. If the Seller’s ability to manufacture or deliver the material is interrupted or impaired for any of the following causes: inadequacy of labor, fuel, power, metals or other materials, facilities or supplies, strikes, war, blockades or embargoes: acts or requirements of any state or the Federal government or any departments or agencies thereof; or by any other cause whatsoever beyond the reasonable control of the Seller, whether of a similar or different nature than the foregoing, the Seller shall have the right to allocate its available production and deliveries to or among any or all of its customers on such basis as it may elect in its sole discretion, and may cancel in whole or in part the buyer’s order or contract with respect to such material, without liability of either party to the other. Unless the Seller has in writing expressly agreed to the contrary, the Seller reserves the right to cancel the Buyer’s order or contract, and, without prejudice to any other lawful remedy, to charge the Buyer for any accumulated storage charges, if the Buyer does not give instructions or shipment within one year from the date of the Seller’s acceptance.
- Payment of each invoice whether or not such invoice covers the entire order shall be made in accordance with the terms of payment which are effective on the actual date of invoice; cash discount, when allowed does not apply to transportation charges or Payment shall be made for actual shipment at the unit price.
- If the Buyer fails to fulfill the terms of payment of any invoice or if the financial responsibility of the Buyer shall become impaired or unsatisfactory to the Seller or if necessitated by any acts or requirements of any governmental authority, the Seller reserves the right to change terms of payment, and/or defer or discontinue further shipments without prejudice to any other lawful remedy, until past due payments are made and satisfactory assurances of Buyer’s credit standing are received by the Seller, or until such acts or requirements of such governmental authority shall have been complied with. The Seller also reserves the right in the case of any of the foregoing events to cancel the contract, in which event the Buyer shall compensate the Seller for any commitments, obligations, expenditures, expenses and costs the Seller may have incurred in connection with the contract. The Seller may charge the Buyer interest at 1% per month on any past due payments from the due date until paid or collected, together with all costs and expenses of collection including attorney’s fees. The foregoing rights are without prejudice to any other lawful remedy, including without limitation the right to reclaim any material received by the Buyer on credit while insolvent. Each shipment by the Seller shall be considered a separate transaction: and if payment is not received therefor within the periods specified herein, the Seller may bring a separate suit to recover the contract price of each such shipment.
- Materials furnished hereunder shall be within the tolerances, limits and sizes established by applicable industry
- The Seller will store material without charge to and at the risk of Buyer for a period of thirty days after such material is ready for shipment and has been paid for on Seller’s After the expiration of the thirty-day period, storage and handling will be at the risk of, for the account and at the expense of the Buyer.
- The Seller shall not be liable for infringement of any patent, domestic or foreign arising out of the use, installation or resale of such If such material is manufactured by the Seller in accordance with the Buyer’s instructions or specifications the Buyer will keep the Seller harmless from liability or expense of any nature or kind whatsoever based on or arising out of any claim or infringement of any patent domestic or foreign.
- A deposit will be required for all returnable reels, spools, cases and other containers. All such returnable containers are the property of the Seller and are loaned for transportation purposes They should be returned via the means affording the lowest rates to the nearest plant of the Corporation (Returns to be made to the Division only if this is an order on a Division of the Corporation) freight collect within twelve months from date of shipment and upon receipt in good condition within such period the deposit will be refunded. If such containers are not returned within twelve months the applicable deposit is to be retained by the Seller as the agreed price inconsideration for which title to and ownership of such containers will pass to the depositor. Deposits need not be segregated by the Seller but may be commingled with its general funds. No deposit will be required for wood lagging and no refunds will be made for returns.
- Final inspection and test and acceptance of the materials shall be at the Seller’s Seller warrants that the material sold hereunder is of its standard quality but makes no warranty of suitability of the material for any specific purpose of Buyer whether or not known to the Seller and makes no other warranties, express or implied. In no event shall the Seller be liable for any incidental or consequential damages. The Seller’s liability and responsibility shall be limited solely to replenishment of any wire or cable which does not substantially conform to the specifications under which the wire or cable was manufactured, provided that prompt written notice of such nonconformity be given to the Seller, or, cord sets excepted, which fails during normal and proper use within one year from the date of installation (the commencement of such one year to be not more than six months from date of shipment of the wire or cable) which failure was caused by defects in material or workmanship in existence at time of shipment provided that prompt written notice of such failure is given to the Seller All replenishments by the Seller under the foregoing provisions shall be made free of charge, f.o.b. cars or dock delivery point called for in the original contract. Length of wire or cable for which replenishment has been made under the foregoing provisions shall become the property of the Seller and shall be returned to the Seller by the Buyer f.o.b. Buyer’s city provided the Seller has first supplied the Buyer with shipping instructions. Owing to the hazards attending the installation and operation of submarine cable, Seller’s responsibility for cable for this class of service terminates when the cable has successfully met the factory tests prescribed by the specifications under which the wire or cable was manufactured.
- Prices do not include sales, use, excise or similar In addition to the price specified herein the amount of any such present or future tax applicable to the sale of the materials hereunder shall be paid by the Buyer.
- All tools, dies and fixtures covered by tooling charges quoted herein shall remain the property of the seller.
- Stenographic and clerical errors are subject to correction by the Seller but the contract shall not otherwise be modified or rescinded except by a writing signed by the parties.
Specialty Cable Corporation
Standard Terms and Conditions
The following terms and conditions apply to all supplier purchase orders:
1. Seller shall provide and maintain a quality control system acceptable to Buyer, and consistent with the requirements and specifications of the purchase order
2. Specialty Cable Corporation (SCC), our customers, and applicable regulatory authorities reserve the right to enter a subcontractor’s (or sub-tier subcontractor’s) facility and have access to records in order to perform a verification of the product and quality system that is applicable.
3. The supplier must notify SCC of any nonconforming product. The supplier must make arrangements for SCC approval of supplier nonconforming product. Buyer may hold materials which do not conform to the purchase order or referenced specification. This is at Seller’s expense and is subject to Seller’s disposition and may be subject to refund of the price of any or all such rejected materials.
4. The supplier must flow-down to sub-tier suppliers, the applicable requirements in the purchasing documents including key characteristics where required.
5. The supplier must notify SCC of changes in the product and/or process, changes of sub-tier suppliers, changes of manufacturing facility location, to obtain prior SCC approval.
6. The supplier must deliver specific records in accordance with the requirements of this order. The supplier must retain and maintain all other records associated with this order for a minimum of 10 years or as otherwise required by statutory or regulatory requirements. If for any reason the supplier cannot disclose the associated records before the associated retention requirements, they need to contact SCC immediately. After 10 years records shall be destroyed or shredded by the supplier in a timely manner.
7. Supplier must ensure that persons are aware of their contribution to product or service conformity, contribution to product safety, and importance of ethical behavior. Supplier must contribute directly, or by flow-down to sub-tier suppliers, to the prevention of counterfeit parts entering the SCC supply chain.
8. Supplier must apply fair and ethical trade practices while supplying SCC with a conforming product and in the procurement of purchase orders from SCC.
9. Suppliers, if requested, must provide test specimens (or samples) for approval, inspection and verification, investigation, or auditing.
10. SCC will notify supplier for the need to use customer designated or approved external providers, including process sources, if applicable.