Efectos Legales De Una Orden De Compra

General Terms and Conditions of Purchase for Suppliers in PDF Format An order is a document sent by a buyer to a seller that specifies the scope and details of the services or products requested and accepted by the parties. In general, predefined forms or documents are used to better specify data and references. They are usually printed with the title «Order». It is neither necessary nor practical. The order is a full value contract. If a contract is signed in addition to the order, the documents are duplicated unnecessarily. Currently, many companies are starting to use electronic orders, where the entire process is managed through a platform that is a centralized system where purchase documents are saved. This system is convenient because it saves time and paperwork. The order may or may not contain contractual conditions. However, if the offer submitted by the seller is only economical and no prior contractual conditions have been agreed, it is advisable to include at least basic conditions in the order.

15. Most Favoured Nations/Competing Offer. In the event that, at any time, this Order is in effect, Seller sells goods or provides services substantially similar to the goods or services provided herein to any of its other customers in a similar location at a lower price or discount higher than those applicable under this Agreement, The Seller will immediately inform the Buyer and the Buyer will be entitled to a lower price for its orders of such goods or services as long as this lower price is in effect. This provision does not apply if a single item is sold at a lower price than another party, but that party as a whole pays higher prices for items purchased by buyer under this Agreement. If Buyer receives from an independent supplier a bona fide offer to supply all or part of the goods or services that Seller will provide under this Agreement, and such offer is substantially the same or suitable for all or part of the goods or services and on terms substantially similar to those of this Order («Competitive Offer»), and the total price that Buyer would pay for the range of goods or services relevant in the context of the competitive offer is lower than the general prevailing price for the range of goods or services relevant to that offer, Buyer may inform Seller of the terms of the competitive offer. In the event that Seller does not modify this Order in writing within fifteen (15) days of receipt of Buyer`s notice of such Contest Offer in order to match the Competitive Offer, Buyer shall have the right to terminate such Order with respect to the relevant goods or services set forth in such Competitive Offer. When a buyer generates an order by formally accepting an offer or proposal from the seller, a binding contract is formed for both parties. If any provision of this Order is held by an arbitrator or court of competent jurisdiction to be unlawful, invalid, void or unenforceable, that provision shall be deemed excluded and modified for the purposes of the dispute in question, but only to the extent necessary to make that provision lawful, valid and enforceable to the extent possible. All other provisions of this Order will remain in full force and effect.

Seller and Buyer agree that they will first attempt to resolve any dispute or claim arising out of or in connection with this Order or its breach by exchange in good faith. All negotiations under Article 19 are confidential and will be treated as conciliation and compromise negotiations for the purposes of the applicable rules of evidence. In the event that such an exchange does not have satisfactory results, the Buyer shall have the right, at its discretion, to seek a settlement of such dispute or its termination through mediation, non-binding arbitration or litigation. If arbitration is selected, it will be decided in accordance with the applicable rules of the American Arbitration Association. The award of the award may be entered in any court of competent jurisdiction in accordance with § 23. The prevailing party is entitled to reasonable compensation for attorneys` fees, expenses and expenses, including costs or expenses incurred in connection with the preliminary inquiry, proceeding or appeal, all of which form part of the judgment or judgment. (i) Buyer may make changes to a Product to be manufactured or delivered specifically, but no change is valid and Buyer is also not required to pay an increase in compensation as a result of such modification, unless such change is specified in an order issued by Buyer. Seller must notify Buyer of any price increase or decrease within ten (10) business days of Buyer`s request or notice. Changes that increase or decrease prices require an amicable written agreement. (ii) Seller may not make any changes to the design, process, materials or specifications of the Product without the prior written consent of Buyer.

(i) For a period of twelve (12) months from the commissioning of the Product, 18 months from the date of manufacture or the Warranty Period of the Seller, whichever is longer, or, as agreed by the parties, the Seller warrants that all Products delivered under this Order have the following characteristics: (a) have no defects in materials or workmanship and their quality meets the specifications of the Buyer and seller and corresponds to quality levels of parts per million (PPM); (b) are marketable; (c) comply with the specifications of the buyer and seller; (d) be sufficient and appropriate in form, adaptation and function; and (e) are new and not restored or renovated. The Supplier also guarantees that all services intended for the Buyer will be provided in an appropriate and efficient manner, performed by specialized personnel and in accordance with industry rules. The Seller grants the Buyer all warranties received from the Seller`s subcontractors and subcontractors and undertakes to apply such warranties on behalf of the Buyer.