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Terms of Purchase

1. Acceptance: Commencement of performance pursuant to this Purchase Order constitutes acceptance hereof by Vendor. If delivery dates cannot be met, inform PTI in writing not later than three days from the date hereof of the Vendor's best possible delivery for acceptance.

2.Date of Delivery: Time is of the essence of this Purchase Order. If deliveries are not made on the dates specified, PTI reserves the right to cancel or to purchase else where, holding Vendor accountable for increased costs.

3.Quantities: Shipments must equal exact amounts ordered unless otherwise agreed to by PTI.

4.Vendor's Warranties: Vendor warrants all products or materials delivered hereunder to be free from defect in material or workmanship and to conform strictly to the specifications, drawings, or sample specified or furnished. This warranty shall survive any inspection, delivery, acceptance of, or payment by PTI for the products or materials or services.

5.Inspection of Goods: Final inspection shall be by PTI or PTI customer. Materials rejected, as not conforming to this Purchase Order, shall be returned at Vendor's expense, including transportation and handling costs.

6.Shipment of Goods: For shipments of goods equal to or in excess of one pallet, contact PTI for shipping instructions.

7.Taxes: Except as may be otherwise provided in this Purchase Order, the contract price includes all applicable federal, state, and local taxes in effect on the date of this Purchase.

8.Assignment: Vendor shall not delegate any duties, nor assign any rights or claims under this Purchase Order without prior written consent of PTI, and any such attempted delegation or assignment shall be void.

9.Insurance: Vendor shall value shipments made by express and air freight in accordance with the following schedule: value of goods shipped plus packing. Vendor shall pay cost of insurance including cost of insurance for goods shipped on PTI account.

10.Evidence of Shipment: Vendor shall forward to PTI, with the invoice, the express receipt or bill of lading, signed by the carrier, evidencing the fact that shipment has been made and received by PTI or PTI customer.

11.Prices and Payment: Prices are FOB shipping destination and payment net 30 days upon evidence of satisfactory receipt and acceptance by PTI or PTI customer.

12.Freight Discrepancy: Vendor has not complied with PTI shipping instructions stated on the purchase order. The vendor has shipped the items in a manner that results in excess freight and handling costs to PTI.

(a) PTI will initiate a Vendor Chargeback form.

(b) Depending on the severity of the discrepancy, either a standard charge back will be initiated or “actual freight incurred” will be charged.

(c) Severity is determined PTI and is dependent upon the quantity, mode of transportation, distance and excess freight costs incurred by PTI.

13.Drop Ship Discrepancy: Vendor has not complied with PTI shipping address instructions on the purchase order. The vendor has shipped to a PTI address rather than the required customer drop ship address. This results in a delay in the items reaching the PTI Customer and in excess freight costs to PTI.

(a) Depending on the severity of the discrepancy either a standard charge back will be initiated or “actual freight incurred” will be charged.

(b) Severity is determined by PTI and is dependent upon the quantity, mode of transportation, distance and excess freight costs incurred by PTI.

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