Purchase Order Terms & Conditions

Preferred terms are Net 30 days after confirmation. If no payment terms are provided or requested, Net 30 terms will be assumed by the Buyer.

All correspondence related to this order must be directed to the Purchasing Department or Buyer at: purchasing@touchdynamic.com.

Federal Excise Tax and State Sales Tax must not be included on invoices. The Buyer is exempt from these taxes and will provide exemption certificates upon reasonable request.

Discount periods will be calculated from the date of delivery to the carrier (if final inspection occurs at origin), from the date of delivery at destination (if inspection occurs there), or from the date a correct invoice is received, whichever is later.

The Buyer shall not be bound by any limitation of remedies unless expressly agreed to in writing. Any attempt by the Seller to limit remedies without written consent is void.

Unless otherwise specified, all items supplied must be new and unused. The Seller warrants that all goods will be free from defects in material and workmanship and comply with all order requirements for a period of ninety (90) days from acceptance, unless otherwise stated.

A detailed packing list, including the Purchase Order number, must accompany all shipments.

All goods are subject to inspection upon receipt by the Buyer. Rejected goods will be returned at the Seller’s expense, including reimbursement for any transportation charges incurred by the Buyer.

If goods do not meet order requirements, the Buyer will notify the Seller. If the issues are not corrected within ten (10) days (or another mutually agreed timeframe), the Buyer may make necessary corrections. Any associated costs will be deducted from payments due to the Seller.

The Buyer reserves the right to make written changes to the order, including adjustments to quantity, specifications, shipment method, packing, or delivery location.

If such changes affect cost or delivery timing, an equitable adjustment will be made and documented in writing. Claims for adjustment must be submitted within thirty (30) days of notification.

Unless otherwise specified, quantity variations of up to 10% due to manufacturing, packing, or shipping conditions are acceptable and will be adjusted accordingly.

Payment will be made upon submission of invoices for goods delivered and accepted or services completed, less any applicable deductions.

The Seller agrees to receive payment via ACH. No payments will be issued until the Seller has completed a Substitute W-9 and ACH Authorization Form.

This Purchase Order may be canceled in whole or in part by either party with thirty (30) days’ written notice.

The Buyer may cancel for reasons including, but not limited to, cost overruns, late delivery, or failure to comply with these terms. The Seller may request cancellation if performance is prevented by circumstances beyond their control, including acts of war, legal authority, or natural disasters.

 

In the event of calculation or typographical errors, the quoted unit price will be used as the basis for correction.

Both parties agree to comply with all applicable nondiscrimination laws, including but not limited to the Civil Rights Act of 1964, the Education Amendments of 1972, the Rehabilitation Act of 1973, the Americans with Disabilities Act, and Executive Order 11246.

Each party affirms its commitment to equal opportunity and will not discriminate based on race, religion, creed, color, gender, age, disability, veteran status, or national origin.

The Seller must comply with all applicable federal and state laws and regulations. This Purchase Order is governed by the laws of the State of New Jersey.

An up-to-date Safety Data Sheet (SDS) must be provided for any applicable goods in accordance with federal and New Jersey state regulations.

The Seller must be an authorized dealer for any copyrighted or licensed products supplied. The Seller assumes all liability associated with the sale of such products upon acceptance of this order.

Suppliers may be subject to periodic performance reviews in accordance with Touch Dynamic Inc.’s ISO 9001:2015 quality management system. Evaluation criteria may include on-time delivery, quality, corrective actions, security, and overall service performance. Results may be considered in future sourcing decisions.