SUPPLIER / VENDOR TERMS AND CONDITIONS
Unless otherwise specifically agreed to in writing, the following terms and conditions shall apply to the SUPPLIER’S acceptance of Purchase Order and Level. (Level) acceptance of ordered items. The acceptance of order by the SUPPLIER shall be conclusive evidence of the SUPPLIER’S approval, consent, and agreement to the terms and conditions herein. Any terms and conditions listed on any SUPPLIER documents which are in addition to or in conflict with these terms and conditions are objected to and shall not become part of this transaction.
The noted items in this contract consist of, but are not limited to: products both physical and virtual both services both physical and virtual.
The SUPPLIER must acknowledge the order and notify Level, within one business day, if the order will be fulfilled or not.
If the SUPPLIER becomes aware of any circumstances that are likely to cause a delay in delivery of the ordered item(s), the SUPPLIER will immediately notify Level in writing stating the reason for the delay and the updated delivery date. Upon receipt of this information, Level reserves the right to keep or cancel the purchase order without liability or penalty. Level also reserves the right to cancel a purchase order if the SUPPLIER cannot meet the needs of an expedited purchase order.
SUPPLIER shall maintain a quality management system,which is acceptable and appropriate for the items supplied hereunder and shall comply with Level standards. Items supplied shall meet the requirements of the applicable technical specifications and documentation (drawings, specifications, standards, etc.). It shall be the sole responsibility of the SUPPLIER to monitor that the technical specifications regarding materials, methods, form, fitness, and function are observed, whether or not the items have been manufactured by SUPPLIER or by any of SUPPLIER’S subcontractors. If no specific requirements are stated, good industry and craftsman-like practice shall be observed. Items are to be manufactured in accordance with spares configuration guidelines.
The SUPPLIER is liable for all defects in items delivered, including concealed defects, even if they are recognizable and discovered only upon processing, installation, and/or use, and this is not subject to any time limit for claim by Level. The SUPPLIER shall indemnify and hold Level harmless from all claims arising from infringement of industrial property rights, patents, copyrights, and other third-party rights, and SUPPLIER agrees that it will defend at its own expense any and all suits against Level for infringement of any United States or foreign patent, copyright, or other intellectual property right. Level has the option to reject nonconforming items. All rejected items will be returned at SUPPLIER’S expense. In urgent cases or in the event of delay in supplying a replacement, Level shall, at the SUPPLIER’S expense, have the right to remedy the defects, or to procure a replacement elsewhere. This shall not affect Level’s statutory warranty and liability claims, which are in addition to those expressly set forth herein.
RIGHT OF ENTRY
SUPPLIER hereby grants to Level, its customers, and any applicable regulatory agencies, the right to enter on its premises as well as other necessary places, during normal business hours, for the purpose of inspection of SUPPLIER’S facilities and systems to ensure SUPPLIER’S compliance with the terms and requirements of order, including the quality of the contracted work, records, and materials.
The supplier/vendor shall maintain a documented procedure, maintaining and controlling Quality records in accordance with acceptable quality system standards. Upon request, supplier/vendor shall be capable of retrieving and delivering required records to Level within 48 hours from time of request.
Unless otherwise approved by Level, in writing, supplier/vendor shall maintain all records that provide objective evidence of compliance to Level requirements for a minimum of 2 years after the last delivery of products and/or services listed on PO or RO received by Level. Prior to discarding, transferring to another organization, or destruction of such records, the supplier/vendor shall notify Level in writing and give Level the opportunity to gain possession of the records. These requirements are applicable to records generated by supplier/vendor’s sub-tier sources.