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ACCEPTANCE: This Purchase Order supersedes all prior offers and agreements concerning the subject matter and constitutes the entire agreement between the parties. Supplier’s acknowledgment or commencement of performance shall constitute Supplier’s unqualified acceptance of the Purchase Order Contract. Additional differing terms or conditions proposed by Supplier or included in Supplier’s acknowledgment have no effect unless specifically accepted in writing by Berg Manufacturing Inc (Berg). It is the Supplier’s responsibility to validate the latest revision of Berg’s Terms and Conditions at the time of PO receipt.


DELIVERY: Time is of the essence in Supplier’s performance of its obligations. Supplier shall immediately notify Berg if Supplier’s timely performance under the Purchase Order is delayed or is likely to be delayed. Berg’s acceptance of Supplier’s notice shall not constitute

a waiver of any Supplier obligations.


SHIPPING & HANDLING: In the absence of any specific PO requirements, Supplier shall preserve, package, and handle products so as to protect product from loss or damage. If Supplier receives damaged product or product in inadequate packaging, which is destined for Berg, Supplier must notify Berg immediately. Supplier must follow shipping instructions provided on Berg’s PO. Berg is not liable for rejected shipping charges if Supplier does not follow PO instructions. Supplier accepts that payments of unauthorized shipping costs are the sole responsibility of the Supplier.


FURNISHED PROPERTY: Berg may provide to Supplier property owned by either Berg or its Customer (Furnished Property). Unless previously authorized in writing by Berg, Furnished Property shall be used only for the performance of this Purchase Order Contract. Supplier shall take all reasonable actions to preserve and protect all Furnished Property while in its possession and promptly notify Berg of any loss or damage to Furnished Property while in Supplier’s care, custody, or control.


NONCONFORMING PRODUCT: If Supplier suspects that nonconforming material may have been inadvertently shipped, Berg must be immediately notified. If prior notice is received, arrangements may be made to manage defective material. Berg’s acceptance of product documents shall not relieve Supplier from complying with any requirements of this Contract. Berg may reject any work or materials which does not conform to the PO requirements.


PRODUCT/PROCESS CHANGES: Supplier must notify Berg of any changes in product and/or process definition and obtain Berg’s approval prior to processing.


RIGHT OF ACCESS: Supplier shall guarantee reasonable right of access to their facilities and applicable records to regulatory agencies, Berg customers, and Berg.


OUTSIDE CONTRACTORS: Outside contractors working at the Berg building will provide SDS documentation for any chemicals or hazardous materials that they introduce into our environment. They will provide procedures for disposal of any unused products and ensure that proper precautions are taken to identify and mitigate any significant environmental impacts.


INFORMATION DISCLOSED TO SUPPLIER: Supplier shall keep confidential all information, drawings, specifications, or data either furnished by Berg or prepared by Supplier specifically in connection with the performance of this PO. Supplier shall not disclose such information, drawings, specifications or data except to its officers, employees (including independent contractors, contract labor employees and leased employees) and third party vendors or subsidiaries who have a “need-to-know” the information, drawings, specifications or data for the purpose of performance under this PO, and of this provision. This provision shall not apply to information after its entry into the public domain by means other than as a result of a breach of this provision, nor shall it limit any rights the Government may have in such information.


ENFORCEMENT: Failure by Berg to enforce any provision(s) of these terms shall not be construed as a waiver of the requirement(s) of such provision(s), or as a waiver of the right of Berg thereafter to enforce each and every such provision(s).


ENVIRONMENTAL CONSIDERATIONS: Berg requests its suppliers to adhere to best environmental practices.