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Purchase Order Terms and Conditions

1. Agreement Documents; Acceptance. The terms and conditions of this Purchase Order, and any attachments hereto, are exclusive and represent the full and final agreement of Buyer and Seller and may not be added to, modified, superseded or altered except by written agreement or modification signed by Buyer’s authorized representative, not withstanding any additional or other proposals, terms and conditions which may now or in the future appear on Seller’s invoices, quotations, acknowledgments or other forms. No variance of this Purchase Order shall be binding unless agreed to in writing and signed by Buyer.

Acceptance of this Order shall take place either by execution and return of a signed acknowledgment copy accompanying the terms and conditions of this Order or no acknowledgement after (10) ten business days the order is considered accepted

2. All prices shall be inclusive of, and shall set out separate from the price(s) of the PRODUCTS, all applicable taxes, excises, duties, freight, importation fees, any fees or taxes to be paid or collected by Seller, or any other governmental impositions (except those based on Seller’s income) on or related to the production, sale or supply of the PRODUCTS.

Buyer shall have the right at any time to change an Order as to Specifications or otherwise. Seller’s receipt of Buyer’s notice of change without response received by Buyer within (10) ten business days or shipment or other tender or performance reflecting the change, whichever occurs first, shall be Seller’s acceptance of the change without any price or other adjustments of the affected Order. Seller shall make no change in the PRODUCTS or any material, services or labor covered under an Order without Buyer’s prior written consent. If any change is expected to result in either additional or reduced cost to Seller, Seller shall immediately inform Buyer of such fact and Buyer and Seller will agree upon an adjustment in the price or other terms of the Order to reflect the changes.

3. All goods shall be shipped F.O.B. as stated on the face of Order. If goods are shipped F.O.B. destination or Purchaser’s plant, shipping charges must be prepaid in all cases. No insurance premium or shipping cost will be allowed unless authorized in writing. Goods must be packed and delivered to conform with Uniform Freight Classifications to obtain lowest shipping rate. Packing slips must be enclosed with all shipments showing order number, line number, part number, if any, and quantity. Charges accrued though Seller’s failure to ship in accordance with Purchaser’s shipping instruction will be charged to Seller account.

4. All PRODUCTS received are subject to final inspection and test by Buyer. Such inspection shall be made within a reasonable time after receipt of PRODUCTS, irrespective of the date of payment, and any items that are not fully satisfactory to Buyer may be rejected by notice to Seller. Said rejected PRODUCTS are to be replaced with conforming PRODUCTS within the fastest possible time after notice of rejection, or at the option of Buyer, exercised by written notice, the quantity of PRODUCTS may be reduced by the number of rejected PRODUCTS.

Form: RPSI PTC Rev B

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