- Acceptance: This Purchase Order is an offer to Seller by Buyer to enter into purchase agreement it describes, and that Seller’s written acceptance or commencement of any work or service under this order shall constitute Seller’s acceptance of this order and these terms and conditions. Any exceptions to this order, to be valid, must be in writing listing specific exceptions to clauses contained herein.
- Supplier shall provide 100% on time shipments, as prescribed by Horizon Steel Company schedules. Supplier shall submit a plan to achieve 100% on time delivery in the event of nonconformance.
- Deliveries shall be made both in quantities and at times specified in Buyer’s schedules. Buyer shall not be required to make payment for goods delivered to Buyer which are in excess of quantities specified in Buyer’s delivery schedules. Buyer may change rate of scheduled shipments or direct temporary suspension of scheduled shipment, neither of which shall entitle Seller to a modification of the price for goods or services covered by this order. For orders of goods where quantities and/or delivery schedules are not specified. Seller shall deliver goods in such quantities and times as Buyer may direct in subsequent releases.
- Packaging must conform to all state, local and federal regulations, with regard to the storage, transportation and disposal of materials.
- Packaging design and construction must provide adequate protection of material and present defect free material to the Buyer. Buyer will
assume no responsibility for the Seller’s packaging design or performance.
- Changes: Buyer reserves the right at any time to direct changes, or cause Seller to make changes, to drawings and specifications of the goods or to otherwise change the scope of the work covered by this order, including work with respect to such matters as inspection, Testing or Quality Control and Seller agrees to promptly make such changes; and difference in price or time for performance resulting from such changes shall be equitably adjusted by buyer after receipt of documentation in such form and detail as Buyer may direct.
- Cancellation: Buyer reserves the right to cancel all or any part of the work covered by this order if Seller does not make deliveries as specified in the schedules, or so fails to make progress as to endanger performance of the work and does not correct such failure within 10 days after receipt of written notice from Buyer specifying such failure; or if Seller breaches any of the terms hereof including the warranties of Seller.
- All goods or services furnished on this order shall be subject to Buyer’s inspection and acceptance or rejection not withstanding prior payment to obtain cash discount.
- Buyer reserves the right to refuse any material supplied on this order which is found to be defective at any time and will charge back cost of defects whether in our plant or at final destination of material.
- Buyer reserves the right to request acceptance replacement.
- Seller agrees that Buyer shall have the right to enter Seller’s facility at reasonable times, to inspect the facility goods, materials and any property of Buyer covered by this order. Buyer’s inspection of the goods, whether during manufacture, prior to delivery or within a reasonable time after deliver, shall not constitute acceptance of any work-in-progress or finished goods.
- Warranty: Seller expressly warrants that all goods or services covered by this order will conform to the specifications, drawings, samples or
descriptions furnished to or by Buyer, and will be merchantable, of good material and workmanship and free from defect. In addition, Seller
acknowledges that Seller knows of Buyer’s intended use and expressly warrants that all goods covered by this order which have been selected, designed, manufactured, or assembled by Seller, based upon Buyer’s stated use, will be fit and sufficient for the particular purposes intended by Buyer.
- Government Regulations: In performance of work under this contract, Seller agrees to:
- Comply with all applicable federal, state, or local laws, rules, regulations, or ordinances.
- Satisfy all Government safety and environmental regulations with regard to restricted, toxic, and hazardous materials.
- Comply with all appliable statutory and regulatory requirements in the country of shipment, and the customer-identified country of destination, if provided.
- Buyer’s Property:
- Title to any and all property furnished by Buyer at no extra charge to Seller in connection with the order shown shall at all times vest in Buyer, and Seller assumes all liability for loss of or Seller’s failure to return such property to Buyer upon request.
- Equal Opportunity: It is the policy of Buyer to extend employment opportunities to Disabled Veterans and Veterans of the Vietnam era, and to
qualified applicants and employees on an equal basis regardless of an individual’s age, race, color, sex, religion, handicap, or national origin. Buyer requests that its subcontractors, vendors, and suppliers take appropriate action with respect to implementation of their own equal opportunity policies. During performance of this order: Seller agrees to comply with all provisions of the Equal Opportunity Clause set forth in 41 CFR Part 60-1, as amended. This order shall be deemed to incorporate by reference all clauses required by the provisions of said regulations and laws, including the requirements for certification of use of non-segregated facilities, and where the term “Contractor” is used, said clauses shall be deemed to refer to Seller.
- Supplier Conduct: Seller agrees to comply with HORIZON STEEL’s Statement of Principles of Conduct posted at horizonsteel.com as applicable to it.
- Conflict Minerals: Upon request of HORIZON STEEL, Seller shall determine whether any Products contain tin, tantalum, tungsten, gold, or any other material that is designated under applicable rules of the Securities and Exchange Commission (“SEC”) as a “conflict mineral.” If no Product contains one or more conflict minerals that are necessary to the functionality or production of such Product within the meaning of applicable SEC rules and interpretations, Seller shall, upon request, certify to HORIZON STEEL that none of the Products contains such conflict minerals. If any Product contains one or more such conflict minerals, Seller shall certify to HORIZON STEEL the country of origin of any such conflict mineral or that the conflict mineral came from recycled or scrap sources within the meaning of those terms under applicable SEC rules. If Seller is unable to identify the country of origin, and the conflict mineral(s) in question did not come from recycled or scrap sources, Seller shall in good faith conduct an inquiry of its relevant suppliers as to the country of origin of such conflict minerals, and such inquiry shall comply with then-existing standards under SEC rules for the conduct of a reasonable country of origin inquiry. In the event that Seller is or becomes aware that any conflict minerals that are necessary to the functionality or production of any Products originated from a “covered country” within the meaning of the SEC’s conflict minerals rules and did not come from recycled or scrap sources, Seller shall make a good faith effort to determine whether such conflict minerals came from a processing facility certified as conflict free by a recognized industry group that requires an independent private sector audit of the smelter or from an individual processing facility that has obtained an independent private sector audit that is publicly available, and to provide written documentation of such determination. Seller shall also take such additional actions and provide such additional information requested by HORIZON STEEL as may be necessary in order for HORIZON STEEL to be or remain compliant with applicable laws, rules and regulations relating to conflict minerals.
- Horizon Steel requires its suppliers to be certified to ISO 9001 with a goal of being compliant to IATF 16949, unless otherwise specified by Horizon Steel.