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Circle K 便利店利用 flexroller 扩大其库存单位

"整个 Circle K 便利店正在 [进行]投资。到七月底，我的'业务部门'很可能会全都使用 FlexRoller。[...] 我们普通的九门货架组合平均会增加 30 个库存单位。”
 
Gretchen Monroe，Circle K 品类经理

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Terms & Conditions

  1. Definitions. “Buyer” shall mean the Buyer (or similar term) specified on the PO (as defined herein). “Bruegmann” shall mean Bruegmann USA, Inc. or its affiliate as specified on the PO. “Party” shall mean Buyer or Bruegmann individually. “Terms” shall mean these terms and conditions. “PO” shall mean a purchase order confirmation submitted by Bruegmann and confirmed in writing by Buyer, an acceptance of a Buyer purchase order confirmed in writing by Bruegmann, or a mutually signed quotation, in each case to which these Terms are attached. “Goods” shall mean any goods (including any part or parts thereof) specified in the PO to be purchased by Buyer from Bruegmann and shall include any services related thereto. “Services” shall mean any services specified in the PO to be furnished by Bruegmann for Buyer. “Claims” shall mean liabilities, losses, damages, claims, injury, actions, proceedings, costs and expenses, including but not limited to reasonable attorney’s fees and costs of litigation for injuries to persons (including death) or damage to property. “Buyer Parties” shall mean Buyer, its successors, assigns and agents, its affiliated, associated, parent and subsidiary companies and its officers, directors, agents and employees. “Bruegmann Parties” shall mean Bruegmann, its successors, assigns and agents, its affiliated, associated, parent and subsidiary companies and its officers, directors, agents and employees. “Specifications” shall mean all specifications, drawings, samples, models, diagrams, bulletins, engineering sheets or other materials provided by one Party to the other Party. “Purchase Price” shall mean the amount payable by Buyer to Bruegmann in accordance with the terms of the PO.
  2. Shipping. Unless otherwise provided in the PO and agreed upon by Bruegmann, Buyer shall pay reasonable shipping costs in accordance with its instructions, but Bruegmann shall be responsible for packing to industry standards to avoid product damages during the shipment process assuming reasonable care by shipment company.  Risk of loss or damage shall pass to Buyer upon delivery to Buyer’s requested delivery address or upon transfer of possession if Buyer is picking up from Bruegmann or coordinating the shipment of goods from Bruegmann’s facility. 
  3. Title. Title to the Goods shall pass to the Buyer when the Goods are paid for by the Buyer unless otherwise provided in the PO and agreed by Bruegmann.
  4. Delivery/Performance Schedule. Time is of the essence, and delivery of Goods and/or performance of Services must be made in accordance with the schedule set forth in in the PO Confirmation provided by Bruegmann after receipt of customer PO.  Except in instances of force majeure, if Bruegmann is unable to deliver required Goods or provide required Services prior to the date specified for such delivery or performance in the PO, Bruegmann shall promptly communicate such anticipated delay to Buyer and the Parties will meet to determine a mutually acceptable revised schedule for delivery.  If following such meeting, Bruegmann and Buyer are unable to mutually agreed upon a revised schedule for delivery, Buyer may, at its option, cancel all or any unfilled part of the PO. 
  5. Inspections and Returns. Goods are subject to Buyer’s inspection and approval at destination.   Buyer shall have 10 days from receipt of shipment to inspect the Goods for conformance to the Specifications.  Goods not rejected for non-conformance within such 10-day inspection period shall be deemed accepted by Buyer.  In case of identified damage or other issues arising from transportation, Buyer shall reasonably document and report such issues to Bruegmann by notice as provided herein within 48 hours. Upon approval from Bruegmann of non-conformance, Bruegmann shall promptly either (i) repair, replace or otherwise remedy any defect in the Goods in order for the Goods to meet the Specifications.  If Bruegmann fails to provide such remedy within 30 days following Bruegmann’s approval of non-conformance, the non-conforming or defective Goods may be returned to Bruegmann’s facility at Bruegmann’s risk and all handling and shipping costs from and to Bruegmann’s premises shall be borne by Bruegmann. Bruegmann shall promptly reimburse Buyer for all shipping costs paid by Buyer to return such unremedied non-conforming Goods.
  6. Prices and Terms of Payment. Unless otherwise expressly confirmed in writing by Bruegmann, prices for all Goods ordered are as noted on the mutually accepted PO and may not be increased without the prior written consent of Buyer. If no price is set forth on the PO or otherwise mutually agreed upon, the goods will be requoted by the Bruegmann and a revised PO must be submitted by the Buyer. Unless otherwise mutually agreed, Buyer will pay all invoices from Bruegmann within 30 days from receipt of Bruegmann’s invoice.  Late fees of 2% of the outstanding invoice will be applied for each month after 30 days.   If any portion of an invoice is disputed in good faith, Buyer shall immediately pay the undisputed portion of the invoice and the disputed portion shall be paid promptly following resolution of the dispute.
  7. Quantity. Quantity of Goods shipped hereunder shall not deviate from the amount specified in the applicable PO unless otherwise mutually agreed in writing by Bruegmann and Buyer.
  8. Changes; Termination for Breach. Changes in the work, Specifications or quantity of this PO, may be made only pursuant to a written change order signed by Buyer and Bruegmann.  Either Buyer or Bruegmann may cancel this PO, or the remaining portion thereof, in the event the other party has breached any obligation hereunder, and such breach is not cured within ten days following written notice specifying the nature of the breach.  Upon such termination, in addition to any other rights and remedies of the Parties hereunder, Buyer shall pay Bruegmann for all Goods delivered and accepted by Buyer, and for all Services provided through the date of termination.
    Cancellation of Orders; Return of Goods.  If orders for standard stock Goods are cancelled at least two weeks prior to the designated ship date, Buyer shall pay Bruegmann a 10% restocking fee.  Further, if an order for custom Goods (including custom sized FlexRoller and other non-standard stock goods) is canceled at any time, Buyer shall pay Bruegmann a cancelation fee. This cancellation fee shall equal 110% of all expenses (including costs of materials, labor packaging, shipping and other costs) incurred by Bruegmann before receiving the cancellation and as a direct result of the cancelled Purchase Order or parts thereof.   Custom Goods may not be returned for any reason.  Standard Goods may be returned to Bruegmann within 60 days of delivery under the following conditions: (i) An RMA (Return Merchandise Authorization) must be requested from Bruegmann and all paperwork and pallets or cartons containing the returned Goods should be marked with the RMA number; (ii) once authorization is approved and RMA is issued by Bruegmann, returns MUST be shipped within 5 business days to the return address referenced in the RMA; (iii) Upon receipt, Bruegmann will provide a credit, less a 10% restocking fee, for all parts received in good condition (unopened and in their original packaging), less any applicable shipping charges borne by Bruegmann; Buyer shall be responsible for all shipping charges associated with returned Goods. Any items that are used or improperly handled, or damaged due to improper care will not be eligible for return.  Unauthorized returns will be refused. 
  9. Indemnification by Bruegmann. Bruegmann agrees to protect, indemnify, defend and forever hold the Buyer Parties harmless from and against any and all Claims arising from (a) Bruegmann’s defective design, manufacture, assembly, recall or distribution of Goods; (b) Bruegmann’s material breach of any representation, warranty or obligation hereunder; (c) the infringement or violation of any third party’s patents, intellectual property or other rights arising out of or in connection with Bruegmann’s Goods (other than Specifications provided by Buyer), materials, packaging or other items provided to Buyer by Bruegmann, and/or (e) Bruegmann’s negligent or legally culpable acts or omissions in the performance of its obligations under this PO.  If any Goods or Services, or the intended and proper use of such Goods or Services by Buyer, infringes upon third party patents, intellectual property or similar rights, Bruegmann shall, at its expense and election, either (i) promptly procure all rights for Buyer’s continued use of such Goods and/or benefit of such Services, or (ii)  replace such Goods and/or Services with equivalent Goods and/or Services which do not infringe upon third party rights, or (iii) cancel the PO, return all affected Goods at Bruegmann’s cost and provide a full refund to Buyer.
  10. Indemnification by Buyer.  Buyer agrees to protect, indemnify, defend and forever hold the Bruegmann Parties harmless from and against any and all Claims arising from (a) any design or specifications of Goods provided by and specific to Buyer; (b) Buyer’s breach of any representation, warranty or obligation hereunder; and/or (c) Buyer’s negligent or legally culpable acts or omissions in the performance of its obligations under this PO.
  11. Warranties, Indemnities and License. Bruegmann warrants: (a) all Goods and Services furnished (i) to be free from defects in materials or workmanship, (ii) to conform to all Specifications and (iii) to conform to any express written limited warranty regarding the applicable Goods that is provided to Buyer by Bruegmann. EXCEPT AS EXPRESSLY SET FORTH ABOVE, BRUEGMANN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  Bruegmann hereby grants Buyer and its customers an irrevocable, non-exclusive, royalty-free license under any patent owned by Bruegmann, or under which Bruegmann has license rights that is incorporated into the Goods (i) to use the Goods in the ordinary course of Buyer’s business. All warranties herein: (a) shall survive Buyer’s acceptance and payment for the specified warranty period, (b) shall inure to the benefit of Buyer, its successors and assigns. Buyer shall have an obligation to immediately inform Bruegmann if Buyer becomes aware of any material fault in Goods accepted by Buyer or Services that were not performed in compliance with Bruegmann’s warranties herein. 
  12. Limitation on Bruegmann’s Liability.  Bruegmann’s maximum liability hereunder shall be limited to the total consideration payable to Bruegmann under the applicable PO, except for liabilities arising out of the gross negligence or willful misconduct of Bruegmann.
  13. Taxes and Other Charges. Except as may be otherwise provided in the applicable PO, the Purchase Price excludes all Federal, State, and Local taxes, duties, or other fee imposed by a governmental authority.  If Bruegmann is required to collect and remit any taxes by applicable law and/or regulation, such taxes will be added to the invoice for the Goods and/or Services.  If Buyer is exempt from such taxes, Buyer must provide an appropriate certificate of exemption prior to shipping in order to be exempt from such taxation.
  14. Proprietary Information. Each of Buyer and Bruegmann agrees for itself, its agents and employees, not to use (except to perform hereunder) or divulge to others any information designated by the other Party as proprietary or confidential.  Each of Buyer and Bruegmann shall be responsible for any liabilities arising from the unauthorized disclosure of the other Party’s proprietary or confidential information, either directly or by its agents or employees. 
  15. Permits. All permits necessary to comply with Applicable Laws will be duly obtained by Buyer, unless otherwise specifically agreed in in the applicable and confirmed PO.
  16. Compliance with Law. Bruegmann represents and warrants that, in the production, sale and furnishing of Goods and/or Services, it has complied and shall comply with all Applicable Laws. 
  17. Amendments. These Terms may be amended at any time by Bruegmann.    The terms and conditions in place at the time the PO is confirmed by the Bruegmann shall remain in force through the duration of the PO.  
  18. Waiver. Neither Buyer nor Bruegmann shall be deemed to have waived any provision hereof, or any breach by the other Party of any provision hereof, unless such waiver is specifically set forth in writing and executed by an authorized officer of the waiving Party. No waiver by Buyer or Bruegmann of any provision hereof or any breach or event of default by the other Party hereunder shall constitute a waiver of such provision on any other occasion or a waiver of any other breach or event of default by the other Party or of any other rights or remedies under this PO.
  19. Governing Law; Severability. The PO, including these Terms, and the transactions contemplated hereby shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas without regard to its conflicts of law rules. Any provision or provisions herein which are found to be invalid shall be deemed inoperative without invalidating or otherwise affecting any other provisions of these Terms. Any action brought by either Party shall be brought in the state or federal courts located in the State of Texas, which courts shall have exclusive jurisdiction for all matters arising in connection with the PO, these Terms and all transactions contemplated hereby. The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable to this PO, these Terms or any purchase or sale made hereunder.
  20. Entire Agreement. In the event of a conflict or inconsistency between any of the provisions of the PO and any of the provisions of a formal written agreement between Buyer and Bruegmann in the nature of a Master Services Agreement or Statement of Work (“Agreement”) covering the subject matter of the PO, the provisions of the Agreement shall govern and supersede any such conflicting or inconsistent provisions of the PO. In the absence of an Agreement, the PO, incorporating these Terms, constitutes the entire agreement of the Parties with regard to the subject matter therein, and supersedes all previous written or oral representations, and understandings between Buyer and Bruegmann, and any different or additional terms and conditions that are not mutually accepted by the Parties shall be null and void.
  21. Notice. Any notice required or permitted to be given by either Party under these Terms shall be in writing and shall be delivered or sent by (i) pre-paid post sent first class, (ii) overnight courier service, or (iii) confirmed email, addressed to the Party to be served at the address of that Party as indicated on the PO, or such other address as may be notified by that Party, pursuant to these Terms, for this purpose. Any notice which is delivered by courier shall be deemed to be served when handed to the addressee, any notice which is delivered by email shall be deemed to be served when receipt is confirmed by the addressee, and any notice sent by pre-paid post first class shall be deemed to be served two business days after posting.
  22. Force Majeure. Neither Party shall be liable as a result of any delay or failure to perform its obligations under the Purchase Order if and to the extent that such delay or failure is caused by an event or circumstance which is beyond the reasonable control of that Party which by its nature could not have been foreseen by such a Party or, if it could have been foreseen, was unavoidable.  If such an event or circumstance prevents the Bruegmann from supplying the Goods and/or Services for more than fifteen consecutive days past the specified delivery date, either Party shall have the right to terminate the PO by providing written notice of such termination to the other Party.