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In these Standard Purchase Terms and Conditions, the following definition apply: General and special arrangements, provisions, requirements, rules, specifications, and standards that form an integral part of an agreement or contract. Each Purchase Order placed by buyer for goods and/or services is subject to these standard purchase terms and the terms of the applicable Purchase Order, and is conditional upon Supplier’s agreement to such terms.
“Agreement” means the agreement between Supplier and Buyer for the purchase and sale of Goods and/or Services. An Agreement Consist of an arrangement that is accepted by all parties (i.e B2B and B2C side) to a transaction.
Inspection(Acceptance and Rejection) :
1. All shipments of Product’s and performance of Services shall be subject to Buyer’s(Customer) right of inspection. Buyer(Customer) shall have ten (10) days (the “Inspection Period“) following the delivery of the Goods at the Delivery Point or performance of the Services to undertake such inspection, and upon such inspection Buyer(Customer) shall either accept the Product’s or Services (“Acceptance“) or reject them. Buyer(Customer) shall have the right to reject any Product’s that are delivered in excess of the quantity ordered or are damaged or defective. In addition, Buyer shall have the right to reject any Goods or Services that are not in conformance with the Specifications or any term of this Agreement. Transfer of title to Buyer(Customer) of Product’s shall not constitute Buyer’s(Customer) Acceptance of those Goods. Buyer(Customer) shall provide Supplier within the Inspection Period notice of any Goods or Services that are rejected, together with the reasons for such rejection. If Buyer(Customer) does not provide Supplier with any notice of rejection within the Inspection Period, then Buyer(Customer) will be deemed to have provided Acceptance of such Product’s or Services. Buyer’s(Customer) inspection, testing, or Acceptance or use of the Product’s or Services hereunder shall not limit or otherwise affect Supplier’s warranty obligations hereunder with respect to the Goods or Services, and such warranties shall survive inspection, test, Acceptance and use of the Product’s or Services.
2. Buyer(Customer) shall be entitled to return rejected Product to Supplier at Supplier’s expense and risk of loss for, at Buyer’s(Customer) option, either: (i) full credit or refund of all amounts paid by Buyer(Customer) to Supplier for the rejected Product; or (ii) replacement Product to be received within the time period specified by Buyer.
Price/Payment Term’s :
Prices for the Product’s and/or Services will be set out in the applicable Item/Product Order. Price increases or charges not expressly set out in the Purchase Order shall not be effective unless agreed to in advance in writing by Buyer(Customer). Supplier will issue all invoices on a timely basis. All invoices delivered by Supplier must meet Buyer’s(Customer) requirements, and at a minimum shall reference the applicable Purchase Order. Buyer(Customer will pay the undisputed portion of properly rendered invoices thirty-five (35) days from the invoice date. Buyer(Customer shall have the right to withhold payment of any invoiced amounts that are disputed in good faith until the parties reach an agreement with respect to such disputed amounts and such withholding of disputed amounts shall not be deemed a breach of this Agreement nor shall any interest be charged on such amounts.
At Tax Analysts, we regularly review our data protection and privacy policies for our website, www.makemyvalue.com (Site). We do this because we understand the importance of protecting your personal information as you use our industry-leading tax news, commentary, and research tools. The General Data Protection Regulation (GDPR) will become effective, to be certain we are GDPR-compliant, we are asking for your specific consent to collect, maintain, and use your information and communicate with you.
What Information We Collect : When you subscribe to and use Tax Analysts’ products online, we will receive information about you. How much and what kind of information depends on how you use our website and our products. Non-personal information does not by itself identify a specific individual. Personally identifiable information tells us specifics about who you are, such as your name, your email address, or your telephone number. Tax Analysts may collect both personal and non-personal information from you.
How We Use Your Information : We may use information that we collect about you or that you provide to us for several purposes, including:
• To carry out our obligations and enforce our rights arising from any subscriptions or contracts entered into between you and us, including for billing and collection.
• To provide you with information, products, or services that you request from us.
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Data Retention : Tax Analysts will keep your information as long as your subscription account is active and we have a contractual relationship with you to provide our publications, or as long as legal obligations require us to keep the information, as long as you do not exercise your right to delete the information. Accessing and Correcting Your Information : You can review and change some of your personal information by logging into the Site and visiting your “My Profile” page. You have the right to access, change, restrict, and delete your information. You should be aware, however, that the only way to delete your personal information is to delete your user account and if you delete your user account, you’ll terminate your access to Tax Analysts’ publications. You may also exercise your rights by contacting us at: by email : firstname.lastname@example.org
Legal Compliance/Workplace Safety :
Workplace Safety Compliance means following the rules and regulations that have been laid by the government or the company.
a. Product Warranty : Purchasing a product covered by a warranty can help ensure your peace of mind. If things don’t work as expected, a warranty may allow the purchase to be returned, replaced, or repaired. A product’s warranty acts as a guarantee that it will perform. However, not all warranties are equal. A warranty might cover a product for a lifetime or a matter of days. It may cover all kinds of damage or be limited to specific defects. Certain actions, such as misuse, may render a warranty invalid, preventing you from returning a broken product. Understanding how warranties are created and operate will help you know when you can return a product for damage or defect.
b. Service Warranty : All Services to be provided hereunder will be performed in a diligent, professional, and workmanlike manner in good faith and according to Good Industry Practices. The Services provided under this MSA(Measurement Systems Analysis) shall be warranted for a period of twelve (12) months following the satisfactory completion of the applicable Services under each SOW(Statement Of Work) or Purchase Order. in the documents accompanying these terms and conditions, Seller shall warrant all Services against defects in performance for a period of one year following delivery. If this Subcontract includes the provision of Services, Seller warrants that it has and will maintain sufficient trained personnel to promptly and efficiently execute the Services contemplated under this Subcontract. Seller further warrants that the Services shall be performed to at least the standard of performance reasonably expected of similar service providers in Buyer’s geographic region.
c. Manufacture Warranty : Supplier shall assign to Buyer(Customer) all manufacturer’s warranties for Product’s not manufactured by or for Supplier, and shall take all necessary steps as required by such third party manufacturers to effect assignment of such warranties to Buyer.
Independent Associate’s(B2B side) :Supplier will perform its obligations under the Agreement as an independent contractor and in no way will Supplier or its employees be considered employees, agents, partners, fiduciaries, or joint venturers(a person who undertakes or shares in a trading venture.) of Buyer. Supplier and its employees will have no authority to represent Buyer or its Affiliates or bind Buyer or its Affiliates in any way, and neither Supplier nor its employees will hold themselves out as having authority to act for Buyer or its Affiliates.
Further Assurances : The Associate(IBO) shall sign such further and other documents, cause such meetings to be held, resolutions passed and do and perform and cause to be done and performed such further and other acts and things as may be necessary or desirable in order to give full effect to this Agreement and every part thereof.
Severability :If any provision of this Agreement is determined to be unenforceable or invalid for any reason whatsoever, in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part thereof and all other provisions shall continue in full force and effect.
Waiver :No waiver of any provision of this Agreement shall be enforceable against that party unless it is in writing and signed by that party.
Governing law and Jurisdiction A Governing Law clause is mostly useful because it helps clarify your terms to your users. As always, the more information you can provide to your users about the terms they’re agreeing to, the better. It’s also useful in that it helps save time and money on any litigation that may arise because you won’t have to deal with establishing the governing law. Jurisdiction refers to what court or court system your case will physically be tried in.
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