TERMS AND CONDITIONS OF PURCHASE (NewPower Worldwide, LLC)
By accepting a purchase order (“PO”) from NewPower Worldwide, LLC., its affiliates or assigns (“NewPower”), Supplier agrees that all purchases shall be subject to the terms and conditions:
Any change to the terms and conditions must be specified and agreed to in writing by an authorized representative of NewPower. NewPower reserves the right to correct any typographical errors. Supplier shall not assign any rights or duties hereunder without prior written consent from NewPower. NewPower only conducts business in US dollars.
Any order placed by NewPower will be made in writing via its standard purchase order form (PO). It will be provided via electronic means and will be confirmed in writing within 1 business day unless otherwise arranged in advance. All orders will be deemed accepted to be delivered by the stated due date. NewPower may cancel any order if Supplier is notified prior to parts being shipped unless the terms are non-cancelable/non-returnable.
All products will be delivered by the means stated on the NewPower PO. Supplier agrees to deliver to the specified location within the time specified. NewPower may cancel, at its discretion, and without any liability, if Products are not delivered by the date specified by NewPower.
All products are subject to inspection and testing prior to acceptance. Acceptance will not be considered a waiver of any warranty hereunder or otherwise provided. Al product will work to form, fit, and function as deemed by the manufacturer’s standards.
All product must be new and in original manufacturer’s packaging. No open box or resealed product will be accepted. Labels must be fully intact without tears, blocked out areas, or rips, etc. All bar codes must be scan readable and confirmed between the print and the human-readable scan.
COMPLIANCE WITH APPLICABLE LAWS
Supplier represents that all products and work performed complies with applicable laws and regulations, including labor and ethics laws. NewPower strongly encourages its partners to adopt the RBA Code of Conduct. Upon request, Supplier agrees to provide declarations and certifications of compliance. Suppliers are required to meet a minimum age requirement of 18 regardless of local laws. Verification must be done with government documents or suitable other documentation used in the region.
Supplier shall defend, indemnify and hold harmless NewPower from any and all claims, liabilities, damages, costs, and expenses, attorneys’ fees, and costs arising or alleged to arise out of or in connection with: (i) any act, error, omission, fault, strict liability, product liability or negligence of Supplier or any of its suppliers; or (ii) any personal injury, death or damage to property or environment in any way connected with the sale, distribution, or operation of products to thereof.