General Terms and Conditions of ERB Industries Subcontractors

Updated 5/17/2022

 

1. Acceptance of an ERB Purchase Order is acceptance of the Purchase Order contents, notes, and Terms and Conditions as set forth in this document.

2. Notes or flow down requirements on the Purchase Order will supersede the Terms and Conditions.

3. The Purchase order “Ship Date” is the ERB delivery by date.

4. Purchase order issues or price discrepancies are to be communicated to the ERB buyer only.

5. Acknowledgements are required within 48 hours after receipt of the Purchase Order. The acknowledgement must be sent to the buyer and include the planned ship date.

6. Subcontractor returns will be debited, requiring the supplier to rebill the replacement shipment if applicable. Any other accounting method must be agreed to by the ERB buyer.

7. Orders are to ship complete, unless agreed to by the ERB buyer.

8. Late shipments are to be communicated to the ERB buyer with the planned recovery date.

9. Any circumstances requiring additional shipping charges, must be agreed to by the ERB buyer, or they will not be paid.

10. Subcontractors must provide a Certificate of Insurance that names ERB as additional named insured.

11. Product supplied must meet agreed to known specifications or published standards. ERB reserves the right to return product not meeting this criteria.

12. Records of testing or required documentation must be retained by the subcontractor for a minimum of 5 years. ERB reserves the right to access these records upon request.

13. If freight is the responsibility of ERB, only ERB specified freight companies are to be used.

14. Any required documentation due to ERB by the subcontractor, must be e-mailed to the ERB buyer prior to delivery. This includes but is not limited to C of A’s, C of C’s, testing data.

15. ERB reserves the right to perform an onsite survey or assessment.

16. If the drop shipment of purchased product to locations other than ERB Industries in Woodstock, GA is agreed to by the subcontractor, the details will be communicated in writing by the ERB buyer. The correct ship to address will be indicated on the purchase order.

17. Any changes to a subcontractor’s existing process, must not change the supplied product or service in any respect, without the acceptance of the change by the ERB buyer. Changes must be sent to the ERB buyer in writing for approval. Approval will be communicated by the ERB buyer in writing.

18. The subcontractor will comply with all International, Federal, State and Local regulations and laws related to inputs used to supply product or services purchased by ERB Industries, Inc.

19. Subcontractor performance will be continuously monitored, including on time delivery and quality by ERB Purchasing Personnel. The subcontractor will be notified if an issue exists or if there is a change in their status by those personnel.