Product Search   www.murata-ps.jp
Murata Power Solutions: DC/DC Converters, Digital Panel Meters, AC/DC Power Supplies, Magnetics, Celab High-Reliability Power Supplies & CATV, Hybrid Technology / Data Acquisition
Home Products Support Contact About Power Channel
Terms and Conditions




To read our purchase order terms and conditions click on link.  P.O. Terms and Conditions >>
 
 
Terms and Conditions of Sale
 
The following terms and conditions are the standard terms and conditions of sale of Murata Power Solutions Inc. and, as more specifically provided herein, any offer of sale or supply of any products by Murata Power Solutions is subject exclusively to these terms and conditions.
 

1. Definitions
a. "Seller" shall mean Murata Power Solutions Inc.
b. "Days" shall mean calendar days unless otherwise specified herein. Provided, however, if the final calendar day of a period provided herein falls on a Saturday, Sunday or federal holiday, then such period shall be extended to the next weekday which is not also a federal holiday.
c. "Goods" shall mean the products, components, and related services, if any, manufactured or to be performed by Seller hereunder and which are the subject of this Quotation/Order Acknowledgment.
d. "Buyer" shall mean the person or entity identified in the box designated as "Sold To" on the reverse side of this document.

2. Conditional Offer:
Seller hereby rejects any offer to purchase the Goods which is inconsistent in any way with these terms and conditions. Seller hereby offers to provide the Goods subject to Buyer's agreement that the terms and conditions set forth herein shall govern the sale of the Goods ("Seller's Offer"). If Buyer should find any of these terms or conditions not acceptable, Buyer must so notify Seller within five (5) days of receipt of Seller's Offer or any objections which Buyer may have shall be considered forever waived. Seller reserves the right to revoke or modify its offer in whole or in part prior to Buyer's acceptance of Seller's Offer.

3. Manner of Acceptance:
Buyer's may signify its acceptance of Seller's Offer by acceptance of the Goods or any other manner permitted by law.

4. Additional or Different Terms and Conditions:
Acceptance of Seller's Offer is expressly limited to the terms and conditions contained herein. No other terms and conditions shall apply, including any terms or conditions contained in any purchase order, request for quote (RFQ), bid proposal, response hereto, or other operational form of Buyer or Buyer's agent which are in addition to or different than the terms and conditions contained herein.
 
Any such additional or different terms and conditions are hereby objected to by Seller. Delivery of the Goods or other performance by Seller with respect to the Goods shall not constitute Seller's acceptance of any additional or different terms and conditions.

5. Prices:
Except as may otherwise be indicated in writing by Seller, all prices are quoted F.O.B. shipping point (i.e., Seller's designated facility) and are subject to change without notice. Seller expressly disclaims any representation or warranty concerning "most favored customer" pricing which may appear in any of Buyer's documents in connection with the sale of any Goods by Seller to Buyer.

6. Additional Charges:
Seller reserves the right to impose additional charges on Buyer in the event that Buyer requests an extension or acceleration of a scheduled ship date or specifies special packaging, shipping and handling instructions.

7. Warranty:
The sale of each item of the Goods is subject to Seller's standard warranty which is applicable to the Goods (the "Standard Warranty"). The provisions of each Standard Warranty are fully incorporated herein by reference. A copy of any Standard Warranty is available from Seller upon request. Seller makes no warranty and shall have no obligation for any consumable parts or supplies or damage to the Goods caused by or resulting from abuse, misuse, neglect or any unauthorized repair, maintenance or alteration of the Goods. To the extent possible and applicable to the Goods, Seller will make available to Buyer all applicable warranties of its suppliers, without recourse to Seller.

8. Disclaimer of Other Warranties:
SELLER'S LIABILITY FOR ANY BREACH OF THE APPLICABLE STANDARD WARRANTY IS LIMITED AS SET FORTH IN THE APPLICABLE STANDARD WARRANTY. THE APPLICABLE STANDARD WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. Limitation of Damages:
In no event shall Seller's liability for any damages arising out of the sale of any of the Goods hereunder, regardless of the legal theory on which such damages may be based, exceed the amount that Seller has been paid for the Goods hereunder and under no circumstances shall Seller be subject to any consequential, incidental, indirect, special or contingent damages whatsoever, including but not limited to damages for lost profits or goodwill.

10. Non-RoHS Compliant Products:
Requests for Non-RoHS products will be quoted on a case by case basis. Beginning December 1, 2006, non-RoHS compliant Murata Power Solutions products will be treated as modified-standard products which are shipped as Non-Cancelable & Non-Returnable. This policy affects new orders as well as existing scheduled orders.

11. Claims for Errors in Shipment:
Buyer agrees to inspect the delivered Goods for conformity to Buyer's order promptly upon delivery. Buyer shall have a period of thirty (30) days from Seller's shipment of the Goods to reject the Goods or otherwise provide Seller with written notice of any claim associated with the conformity of the Goods to Buyer's order or any applicable specifications. If no such rejection or notice has been received by Seller within such 30 day period, Buyer shall be deemed to have accepted the Goods and waived any claims (other than warranty and patent infringement claims which shall be unaffected) associated with conformity of the Goods to Buyer's order and any packaging, shipping and handling or delivery specifications of Buyer.

12. Returns:
Buyer shall request a Return Authorization Number from Seller prior to returning any of the Goods to Seller for any reason. Seller shall have no obligation to accept return of any Goods for which it has not issued a Return Authorization Number. All returned Goods must be returned to the location specified in writing by Seller in its delivered condition and in either its original packaging or packaging which has been approved by Seller in advance.

13. Limitation of Actions:
Any cause of action for breach of warranty for the Goods must be brought by Buyer, if at all, within one (1) year from the date that the cause of action arose. Any claims regarding pricing or other charges imposed by Seller shall be deemed waived by Buyer unless Buyer notifies Seller of such discrepancy in writing within ninety (90) days of the date of the invoice which includes such pricing or other charges.

14. Tooling:
Any tools, molds, dies, fixtures, and patterns manufactured by or obtained by Seller for use in production of the Goods for Buyer and which have either been (a) separately invoiced to Buyer or (b) amortized as part of the price of the Goods (the "Tools") may be retained by Seller, provided, however, that title to the Tools shall vest in and remain with the Buyer upon receipt of full payment for the Tools by Seller. Title to all other tools, molds, dies, fixtures and patterns used by Seller in connection with manufacture of the Goods shall, at all times, be held by and remain with Seller.

15. Delays:
Seller shall not, under any circumstances, be liable for any delay in or default of any of its obligations hereunder when such delay or default is directly or indirectly caused by or in any manner arises out of any cause beyond its reasonable control and not due to its negligence including, without limitation, fire, flood, accident, act of God, war, embargo, strike, fuel, material and supply shortages or transportation delays (collectively, "Force Majeure Events"). Seller agrees to notify the Buyer as soon as possible of the occurrence of any Force Majeure Event. Upon the occurrence of a Force Majeure Event, Seller's performance hereunder shall immediately be suspended and any affected ship dates shall be automatically extended for a period equal to the duration of the Force Majeure Event.

16. Cancellation:
In the event that Buyer should: (a) become insolvent; (b) be placed in receivership; (c) be the subject of any voluntary or involuntary bankruptcy petition; or (d) if, in the sole opinion of Seller there has been a material adverse deterioration in the financial condition of Buyer at any time, Seller may, in addition to its any other remedies available at law or in equity, elect to: (1) require adequate assurances including, without limitation, full or partial prepayment of the estimated cost of the Goods which Buyer remains obligated to pay to Seller hereunder; or (2) cancel all or a portion of Buyer's pending orders.

17. Cancellation of Orders:
Buyer acknowledges and agrees that any orders accepted by Seller can not be changed or cancelled or Goods returned for credit, except with Seller's written consent and upon terms that will hold Seller harmless against all costs, expenses, losses and damages associated with such modification or cancellation including, without limitation all inventory acquired or manufactured by Seller for the modified or cancelled order.

18. Delivery Terms:
Buyer agrees that delivery of the Goods shall, at Buyer's option, be made either: (a) F.O.B shipping point (i.e., Seller's designated shipping facility), freight collect or (b) FOB shipping point, freight prepaid and add (the latter being the default shipping term if neither option is specified by Buyer in any Purchase Order). Title and risk of loss or damage to the Goods shall pass from Seller to Buyer at the shipping point upon delivery to either Buyer's carrier or, if none is specified, the carrier selected by Seller on behalf of Buyer. In either case, Buyer assumes full responsibility for resolving any claims with the carrier selected in the event of misdelivery, loss or damage. Buyer acknowledges that any shipping dates communicated or otherwise indicated by Seller are approximate and are contingent upon the prompt receipt by Seller of all information, parts, materials and approvals to be supplied by Buyer, if any.

19. Blanket/Open Orders:
If Buyer's order for the Goods is in the form of a blanket or open order (i.e., an order which specifies a quantity of Goods to be shipped according to release authorizations to be issued periodically by the Buyer or in a series of scheduled deliveries), Buyer agrees that each release shall be treated as a separate sale transaction hereunder and that all releases shall be non-cancelable upon issuance by Buyer. Buyer further agrees that, unless otherwise specifically agreed to in writing by Seller, it must authorize all releases under such blanket or open order within twelve (12) months of Seller's acknowledgment of the order.

20. Default Shipping Address:
If Buyer has not designated a shipping destination or address to Seller within twenty four (24) hours of Seller's estimated ship date Buyer agrees that Seller shall be permitted to immediately ship the Goods either to Buyer's billing address or other tentative shipping address provided by Buyer at the time of placement of the order. Buyer agrees that it shall be its sole responsibility to ensure that the correct shipping address is promptly communicated to Seller in advance of shipment and that Seller shall not be required to contact Buyer to obtain or otherwise request confirmation of any shipping destination.

21. Taxes:
Buyer acknowledges the prices specified for the Goods are exclusive of any sales, use, excise, value-added or any other taxes or duties applicable to the sale of the Goods ("Taxes"). If Seller is required by applicable law or regulation to pay or collect any Taxes, then unless Buyer shall provide Seller with a tax exemption certificate(s) which is acceptable to the applicable taxing authorities, any Taxes shall be paid by Buyer in addition to the price of the Goods. All Taxes shall be set forth separately by Seller on Buyer's invoice for the Goods.

22. Fuel Surcharge:
In connection with each sale of Goods to Buyer, Seller reserves the right, at any time, in its sole discretion and without advance notice, to charge Buyer an additional amount to cover increased delivery costs associated with increases in the cost of fuel which are imposed upon Seller by freight carriers and vendors. Such fuel surcharge(s) will be charged to Buyer on a pass-through basis and included on Buyer's invoice as a separate line item.

23. Separate Transactions:
Each shipment by Seller for Goods hereunder shall be considered a separate and independent transaction. It is understood and agreed that invoices shall be issued upon shipment. Seller reserves the right to invoice for partial shipments. Buyer shall promptly remit payment for each shipment as specified herein.

24. Payment Terms:
Provided that Buyer satisfies Seller's credit criteria, Buyer shall have thirty (30) days from the date indicated on each invoice received from Seller to remit payment to Seller for the Goods. Buyer agrees that time shall be of the essence with respect to Buyer's payment obligations hereunder. All payments due to Seller hereunder shall be paid by check or wire transfer of immediately available U.S. denominated funds. Seller reserves the right, at any time, to impose more restrictive payment terms on future shipments of Goods based on Buyer's payment history or current credit worthiness.

25. Late Payment:
Buyer agrees that any overdue amounts owed to Seller hereunder shall be subject to a monthly late payment charge equal to one and one-half percent (1.5%) percent of the total overdue balance owed to Seller or such lesser amount as may be required under applicable law ("Late Payment Charge"). In addition to other remedies available to Seller, should Buyer fail to pay for any Goods when due hereunder, Seller reserves the right to revoke any credit extended to Buyer for the Goods, cancel any open orders for Goods which Buyer may have with Seller during the period of delinquency or suspend delivery of such orders until Buyer remits full payment to Seller for any outstanding orders or charges.

26. Termination for Cause:
In the event that Buyer should breach or otherwise fail to perform in accordance with any of these terms and conditions and such breach or failure is not cured within thirty (30) days of receipt of written notice from Seller of such breach or nonperformance Seller may, in addition to all of its other remedies available at law, elect to terminate any or all of Buyer's open orders for the Goods without penalty (such termination being considered a "Termination for Cause").

27. Patent Infringement:
Seller agrees, upon request of Buyer, to indemnify and hold Buyer and Buyer's officers, directors and employees harmless against losses, damages, liabilities, fines, penalties, and expenses (including reasonable attorneys' fees) that arise out of or result from any claims alleging that any of the Goods or that Buyer's use of the Goods infringe any U.S. patent, trademark or trade secret owned by a third party. Seller shall have no obligation under this Section for (a) any Goods modified either by Buyer or any third party under contract with Buyer, without the express written permission of Seller; or (b) any claims of infringement based upon the use of the Goods by Buyer or any third party under contract with Buyer in conjunction with machinery, equipment or processes not sold or supplied to Buyer either with, as part of, or in connection with the Goods.
 
Except as otherwise expressly set forth herein, Seller disclaims any obligation to defend or indemnify Buyer, its officers, directors and employees, from any losses, damages, liabilities, costs or expenses arising out of Seller's acts or omissions associated with the sale of the Goods to, or use of the Goods by, Buyer.

28. Compliance With Law:
Seller represents and warrants that the Goods, as shipped, are in material compliance with applicable federal and state laws.

29. Waiver:
Except as may be otherwise provided herein, no waiver, alteration or modification of any of the provisions hereof shall be effective unless provided in writing and signed by a duly authorized officer or employee of Seller. Any waiver (express or implied) by either party of any default or breach of this Agreement shall not constitute a waiver of any other subsequent default or breach.

30. Authority of Distributors, Representatives and Agents:
Buyer acknowledges that Seller's distributors and manufacturer's sales representatives have not been granted any authority from Seller to modify any of these terms and conditions on behalf of the Seller, to make additional representations or offer additional warranties concerning the Goods which are not otherwise expressly provided herein, or to otherwise legally bind the Seller.

31. Entire Agreement:
Upon acceptance by Buyer, these terms and conditions (and any Schedules, Attachments or Exhibits attached hereto or referenced herein and any special terms provided in Seller's quotation or order acknowledgement) shall set forth the entire, final and complete agreement and understanding among the Buyer and Seller with respect to the sale of the Goods, and merges and supersedes all prior and contemporaneous discussions, agreements and understandings of every kind and nature among the parties as to the Goods. This agreement shall not be modified, varied or supplemented by any course of dealing, usage of the trade or otherwise except by a writing signed by the parties hereto.

32. Governing Law:
This Agreement shall be governed, construed and enforced solely by the Laws of the Commonwealth of Pennsylvania (where the principal corporate offices of Seller are located) as if this contract were being performed wholly within the Commonwealth of Pennsylvania. The rights and obligations of the Parties in connection with the sale of the Goods hereunder shall not be governed by the provisions of the Uniform Commercial Code (UCC) or any state version of the UCC, except to the extent that these terms and conditions fail to address the particular matter in issue.

33. Notices:
All notices, requests, demands and other communications required or permitted hereunder shall be in writing and delivered by regular mail, to the respective addresses of the parties listed on Seller's Order Acknowledgement. Notices shall be deemed to have been duly given, made and received upon actual receipt by the recipient.

34. Assignment:
The provisions hereof shall inure to the benefit of, and be binding upon, the successors and permitted assigns of Seller and Buyer. This Agreement nor any rights or obligations accruing hereunder may be assigned by Buyer without the written consent of the Seller which shall not be unreasonably withheld.

35. RoHS Conditions to Buyer:
Buyer understands and acknowledges that the European Union (EU) issued Directive 2002/95/EC on the Restriction of the use of certain Hazardous Substances in Electrical and Electronic Equipment ("RoHS") applies to Goods purchased by or supplied to Buyer. Seller shall provide information to Buyer regarding compliancy of Goods with the RoHS Directive in the EU. However, Seller makes no warranties, express or implied, and assumes no liability for the use of non-compliant Goods by Buyer or its customers in the EU in violation of the RoHS Directive.
 
 
 
 
Purchase Order Terms and Conditions
1. ACCEPTANCE:
This order expressly limits acceptance to the terms stated herein. Any additional or different terms proposed by Seller are objected and hereby rejected. Written acceptance by Seller of this purchase order, or the commencement of any work or the performance of any services hereunder by Seller (including any work or services with respect to samples) shall constitute acceptance by Seller of this purchase order and all its terms

2. CONSTRUCTION:
This agreement shall be construed and interpreted in accordance with the laws of the state in which the office issuing this purchase order is located. Except as otherwise provided herein, the provisions of the Sales Article of the Uniform Commercial Code shall apply to this transaction and are hereby included as though set forth at length.

3. WHOLE AGREEMENT:
This purchase order, together with any written specification, contains the complete and final agreement between Buyer and Seller. Buyer's engineering, technical, and other personnel may from time to time render assistance or give technical advice to Seller concerning this purchase order or the goods and services called for herein. However, neither such assistance, advice or exchange of information, nor acceptance of, nor payment for, any nonconforming shipment shall constitute a waiver with respect to any of Seller's obligations or Buyer's rights hereunder or be authority for any change in the goods or services called for herein. Any waiver or change to be valid and binding upon Buyer must be in writing and signed by an authorized representative of Buyer's Purchasing Staff. In case of doubt, prior to incurring any additional expenses, Seller should promptly consult Buyer's Purchasing Staff for further written instructions.

4. TAXES:
Except as Buyer has otherwise provided in this order, the prices stated on the purchase order include all applicable federal, state and local taxes and duties.

5. COMPLIANCE WITH LAWS AND REGULATIONS:
Seller agrees that goods called for herein will be manufactured, prepared, sold and installed in complete and strict compliance with all relevant federal, state and local laws and pertinent regulations, including applicable safety laws and regulations. Including but not limited to the latest revision of JIG101 Annex A substances and thresholds

6. PATENT INDEMNITY AND PATENT RIGHTS:
(a) Seller, at its own expense, shall defend any action brought against Buyer and its agents and customers alleging that the manufacture, sale or use of goods called for herein infringes any United States patent and Seller shall indemnify and hold harmless Buyer and its agents and customers from any judgments, costs and expenses finally awarded in such action, provided Seller is given timely notice of such action. Seller's obligation under this clause shall not apply if (1) the alleged infringement results from the combination of goods supplied by Seller with goods not supplied by Seller or (2) Buyer has agreed in writing that the goods called for herein are to be made specially for Buyer to Buyer's written design specifications or drawings and the alleged infringement results from Seller's compliance with such written design specifications or drawings. (b) In the event that this purchase order requires research or development work. Seller agrees to, and does hereby, grant Buyer, its successors and assigns, a non-exclusive and royalty-free license under any inventions, improvements or discoveries conceived or first reduced to practice in connection with such research or development work, such license to include the right to have goods made for Buyer in accordance with, or using the processes of, said inventions, improvements or discoveries.

7. EQUAL OPPORTUNITY:
In accordance with Executive Order 11246, as amended, Seller agrees not to discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, age, handicap, or veteran status. Seller will take affirmative action to ensure that Equal Employment Opportunity is implemented in employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. All other applicable provisions of the Rules and Regulations of the Secretary of Labor are herein incorporated by reference.

8. NON DISCLOSURE OF INFORMATION:
Without Buyer's prior written consent, Seller shall not disclose to any third person, except as necessary to procure articles or services necessary to the manufacture or production of goods called for herein, any information which it has acquired or as a result of this contract or negotiations leading to it concerning Buyer's plans, drawings or specifications, business objectives, customer's personnel, products, processes, work or services, unless such information becomes generally known without the fault of Seller, or is obtainable from other sources. Seller shall not disclose or release for public dissemination, without Buyer's prior written consent, any information relative to this purchase order.

9. BUYER'S PROPERTY:
Unless otherwise provided in the purchase order, all materials, tooling, designs and other property furnished to Seller by Buyer, or acquired or made by Seller at the expense of Buyer or the cost of which is included in the price of this purchase order, (1) shall be and remain the property of Buyer for which Seller shall bear all risk of loss or damage, (2) shall, at the expense of Seller, be maintained in first-class condition and replaced to the extent necessary to produce acceptable parts, (3) shall not be used for or furnished to anyone other than Buyer, (4) shall be available for Buyer's reasonable inspection, and (5) shall be delivered to Buyer upon request, F.O.B. Seller's Plant.

10. SHIPPING RELEASES:
Unless specific delivery dates are provided in this purchase order, Seller shall not fabricate any of the goods called for herein, or procure any of the materials required in their fabrication, or ship any of such goods to Buyer, except to the extent authorized in written release furnished to Seller by Buyer, and Buyer shall have no responsibility for goods beyond the reasonable lead production requirements of the releases. Buyer may from time to time direct temporary suspension of scheduled shipments for up to ninety days at no additional cost.

11. LIABILITY INSURANCE:
Seller represents that it carries adequate public liability and property damage insurance with responsible insurers to cover any work performed by the Seller on the premises of the Buyer or Buyer's customers. On request of Buyer, Seller will furnish certificates of insurance to verify this representation.

12. PACKING, MARKING AND SHIPPING:
Seller shall pack, mark and ship all goods in accordance with the requirements of this purchase order and good commercial practice and in a manner which will permit the securing of the best transportation rates. No additional charges shall be made by Seller for containers crating, boxing, bundling, dunnage, drayage or storage. Seller shall reimburse Buyer for all expenses incurred by Buyer as a result of improper packing, marking or shipping. Any transportation charges paid by Seller for which Seller is entitled to reimbursement shall be added to Seller's invoice as a separate item and the receipted freight bill shall be attached thereto.

13. EXCUSABLE DELAYS:
(a) Seller shall not be liable for failure to perform hereunder arising from causes that are beyond its control and without the fault or negligence of Seller, its suppliers and its subcontractors, provided Seller gives Buyer written notice of such cause within 20 days of the occurrence of the cause. If Seller fails to perform because of any such causes, Buyer shall be entitled to obtain goods or services called for herein elsewhere for the duration of such failure and to reduce pro tanto, and without any obligation to Seller, the quantity or amount of goods or services called for herein. (b) If Buyer is temporarily unable to receive or utilize the goods or services called for herein because of causes beyond Buyer's control and without its fault of negligence, Buyer may suspend Seller's performance for the period of such disability by written or telegraphed notice to Seller, without additional liability to Seller for such suspension.

14. OTHER DELAYS:
Seller agrees to exert every reasonable effort, including the application of overtime and premium shipments at the expense of the Seller, to meet the promised delivery dates. Seller agrees to notify Buyer immediately if at anytime it appears that the delivery schedule set forth herein may not be met. Such notification shall include the reasons for any possible delays, steps being taken to remedy such problems, and a proposed new delivery date. The furnishing of Seller of such notice shall not constitute a waiver of any Buyer's rights under this contract.

15. CHANGES :
Buyer, only through the authorized representative of its Purchasing Staff, may at any time by written change order make changes within the scope of this purchase order including but not limited to changes in (1) the drawings, designs, and specifications applicable to the goods or services called for herein, (2) the method of shipping and packaging, or (3) the place of delivery. If any such change affects the time for or cost of performing the work, an equitable adjustment shall be made in the delivery schedule or purchase price, or both, provided Seller submits its written claim for adjustment within twenty (20) days after receipt of the written change order. However, nothing in this clause shall excuse Seller from proceeding with the purchase order as changed.

16. TERMINATION:
At Buyer's discretion, order may be terminated at no cost to Buyer for reasons of late delivery or failure of supplier to deliver, product meeting specifications as per the front of the Purchase Orders. If this order is terminated by Buyer for reasons other than the default of Seller, Seller shall be paid the purchase order price for goods completed satisfactorily and delivered prior to the time of termination. No amount shall be paid for any anticipatory profits and the amount paid for goods terminated shall not exceed the prices set forth herein.

17. DEFAULT:
In addition to other remedies provided by law upon a default of Seller, Buyer shall have the right as its discretion to correct nonconforming goods at Seller's expense and to require Seller to transfer title to and deliver to Buyer any completed goods and such partially completed goods, materials, tools, etc., as Seller has produced or acquired specifically for this purchase order. Payment for completed goods shall be at the contract price and for other articles shall be at the contract price or at cost, whichever is less.

18. WARRANTY:
The Seller warrants that the said articles shall conform to the description and specifications herein provided, shall be good material and workmanship, merchantable, fit for the purpose intended, and free from defects, and will repair or replace same at Seller's expense. F.O.B. Buyer's plant.

19. DISPUTES:
In the event of any disputes between the parties, the Seller shall continue to perform under this agreement.

20. GOVERNMENT CONTRACT PROVISIONS:
If this purchase order is issued under a government prime contract or subcontract, the following additional clauses shall apply and shall control in the even of a conflict with the above. 7-103.1 Definitions; 7-103.3, Extras; 7-103.4, Variation in Quantity' 7-103.7, Payments; 7-103.8, Assignment of Claims; 7-103.9, Additional Bond Security; 7-103.10, Federal State, and Local Taxes; 7-103.12, Disputes; 7-103.13, Renegotiation; 7-103.15, Soviet Controlled Areas; 7-103.16, Contract Work Hours Standards Act-Overtime Compensation; 7-103.17, Walsh-Healy Public Contracts Act; 7-103.18, Equal Opportunity; 7-103.19, Officials Not to Benefit; 7-103.20, Covenant Against Contingent Fees; 7-103.21, Termination for the Convenience of the Government- (only to the extent that Buyer's contract is terminated for the convenience of the government); 7-103.33, Authorization and Consent; 7-103.23, Notice and Assistance Regarding Patent Infringement; 7-104.3, Buy America Act; 7-104.4, Notice to the Government or Labor Disputes; 7-104/11, Excess Profit; 7-104.14, Utilization of Small Business Concerns; 7-104.15, Examination of Record; 7-104/20, Utilization of Concerns in Labor Surplus.


 
 
(Rev. 6/06)
(Rev. 9/02)
(Rev. 9/01)
Headquarters: Mansfield, Massachusetts USA     Worldwide Offices: Canada  •  France  •  Germany  •  United Kingdom  •  China •  Japan  •  Singapore
  Murata Power Solutions is ISO 9001:2000 Registered and is a member of PSMA and EPSMA  •  Email: webmaster@murata-ps.com