PIPP MOBILE STORAGE SYSTEMS, INC.
STANDARD TERMS AND CONDITIONS OF PURCHASE
All purchase orders issued by Pipp Mobile Storage Systems, Inc. and its affiliates (collectively “Pipp“) are subject to the following terms and conditions of purchase. “Products” refers to the products described on the applicable purchase order (the “Order“) to be purchased by Pipp from the Supplier named on the Order (“Supplier“), and “Contract” refers to any contract formed by the Order and these terms and conditions.
Price and Payment
The Price is specified in the Order, payable within sixty (60) days, contingent on Product compliance.
Shipment and Delivery
Products, including mobile storage systems, transport solutions, and shelving systems, are delivered DDP to the specified location. Adherence to delivery requirements is crucial; Supplier bears responsibility for non-compliance costs.
Blanket Order
Suppliers must deliver all Products ordered during the specified period, including mobile storage systems, transport solutions, and shelving systems; Pipp may purchase from other sources.
Representations and Warranties
Supplier assures compliance with laws, solvency, and adherence to Contract terms. Products, including mobile storage systems, transport solutions, and shelving systems, must meet standards, be defect-free, and not infringe on third-party rights.
Inspection and Acceptance
Products, including mobile storage systems, transport solutions, and shelving systems, are subject to Pipp’s inspection; non-conforming items require repair, replacement, or reimbursement by Supplier.
Indemnity
Supplier indemnifies Pipp against claims resulting from Supplier’s actions, Product non-compliance, or intellectual property infringement, including those related to mobile storage systems, transport solutions, and shelving systems.
Changes
Pipp may modify or cancel the Order before delivery, with any cost or time adjustments subject to mutual agreement.
Termination
Pipp may terminate the Contract for breaches, insolvency, or specified events. Termination does not affect surviving provisions.
Insurance
Suppliers must maintain insurance covering claims arising from Products, including mobile storage systems, transport solutions, and shelving systems, or their use, as specified by Pipp.
Confidentiality
Suppliers must keep Pipp’s proprietary information confidential, including information related to mobile storage systems, transport solutions, and shelving systems. Pipp has rights to specific performance or injunctive relief for breaches.
Records and Audit
Supplier agrees to maintain records for six (6) years post-termination and allows Pipp to review records associated with Product provision, including mobile storage systems, transport solutions, and shelving systems.
Other Terms
Supplier must prevent liens on Pipp’s property, and any delegation of obligations requires Pipp’s consent. Pipp may set off damages against amounts owed to the Supplier. If Pipp has security concerns, Supplier must provide assurance of due performance.
Applicable Law
The Agreement is governed by Michigan law, with exclusive jurisdiction in Michigan courts. Invalid provisions do not affect the remaining terms.
Complete Agreement
The Order and Contract constitute the entire agreement. Changes or waivers require Pipp’s written consent. Pipp’s waiver of one breach does not waive others.