Paxar Bangladesh Ltd.
Plot# 167-169, Dhaka EPZ-Ext. Area,
Plot No. 17-20 & 29-32 Dhaka EPZ Old AreaSavar,
Dhaka-1349,
Bangladesh
Phone: + 88 02 7788901-12
Purchase Order
PO No.- Rel No. Rev. Order Type Page 1050350 0 STANDARD 1 of 2
This PO-Release Number Must Appear on all Invoices, Packing
Lists, Cartons, and Correspondence related to the Order
Delivery Date is the Date goods are due at Incoterms 2010
specified Location.
Title Change: Change upon delivery
For questions regarding this order please contact:
Himadri.Biswas@ap.averydennison.com
Avery's Purchases hereunder shall be exclusively based on its
General Terms and Conditions of Purchase as per attached copy.
The Seller's general terms conditions of sale shall not apply. It is
the seller's responsibility to adhere to and keep informed of
updates of the RSL and Avery's Supplier Standards, as published
on http://www.myrbis.averydennison.com/RSL. Our Purchase
order Terms and Conditions as attached shall apply to this
Purchase Order. Further, these Terms and Conditions may only
be changed upon the execution of a separate written agreement
signed by our authorized representative and the authorized
representative of the entity to which the Purchase Order is
issued. Receipt of contrary provisions intend to change our
terms and condition without such written agreement will be null
and void, whether or not any products or services under said
purchase order have been accepted.
Total Amount 150,000.00
One Hundred Fifty Thousand
Taka
Approved By
A Subsidiary of Avery Dennison Corporation, a company with limited liability in the United States of America
Supplier:
Asia Projects Engineering
Pte Ltd
Plot-7, Road No. 17, Rupsha
Tower,Flat-13A, Banani C/A
Gulshan PS; Dhaka-1213;
Bangladesh
Gulshan
BANGLADESH
Tel:
Fax:
Ship To:
Paxar Bangladesh Ltd.
Plot# 167-169, Dhaka EPZ-Ext. Area,
Plot No. 17-20 & 29-32 Dhaka EPZ Old
Area,Savar
Dhaka
1349
BANGLADESH
Tel: + 88 02 7788901-12
Bill To:
Paxar Bangladesh Ltd.
Plot# 167-169, Dhaka EPZ-Ext. Area,
Plot No. 17-20 & 29-32 Dhaka EPZ Old
Area,Savar
Dhaka
1349
BANGLADESH
Requisition Reference and
Requisition Date:
4034222 31-JUL-22
Remarks
4034222 Currency
BDT
Supplier No.
102323 Date/ Buyer
12-OCT-22 Biswas, Himadri Revised Date/ Buyer
Payment Terms
NET 30 Ship Via Incoterms
Freight Terms Requestor/Planner
Hasan1, Rakibul Contact/Telephone
Line Part Number/Description Need By date Quantity UOM Unit Price Extension
1.1 26-OCT-22 1 Piece 150000.000 150,000.00
OMRON-FZM1-355-ECT - Camera Controller - 24V 5A
PURCHASE ORDER
TERMS & CONDITIONS
1. Acceptance-Agreement. Seller's commencement of work on the goods subject to this purchase order or shipment of such goods, whichever occurs first, shall be deemed an effective acceptance of
this purchase order. Any acceptance of this purchase order is limited to acceptance of the express terms contained on the face and back hereof and any attachments hereto. Any proposal for additional or
different terms or any attempt by Seller to vary in any degree any of the terms of this offer in Seller's acceptance is hereby objected to and rejected, but such proposals shall not operate as rejection of this
offer unless such variances are in the terms of the description, quantity, price or delivery schedule of the goods, but shall be deemed a material alteration thereof, and this offer shall be deemed accepted by
Seller without said additional or different terms. If this purchase order shall be deemed an acceptance of a prior offer by Seller, such acceptance is limited to the express terms contained on the face and back
hereof unless Seller notifies Buyer to the contrary in writing within ten (10) days of receipt of this purchase order.
2. Termination by Purchaser. Purchaser reserves the right to terminate this order or any part hereof for its sole convenience. In the event of such termination, Seller shall immediately stop all work
hereunder. Seller shall be paid a reasonable termination charge consisting of a percentage of the order price reflecting the percentage of the work performed prior to the notice of termination, plus actual
direct costs resulting from termination (subject to the provision of satisfactory documentation by the Seller). Seller shall not be paid for any work done after receipt of the notice of termination, nor for any
costs incurred by Seller's suppliers or subcontractors which Seller could reasonably have avoided.
3. Termination for Cause. Purchaser may also terminate this order or any part hereof for cause in the event of any default by Seller, or if Seller fails to comply with any of the terms and conditions of this
offer.
Late deliveries, deliveries of products which are defective or which do not conform to this order, the institution of any proceeding by or against Seller under any law relating to the relief of debtors, and failure
to provide Purchaser, upon request, reasonable assurances of future performance shall all be causes allowing Purchaser to terminate this order for cause. In the event of termination for cause, Purchaser
shall not be liable to Seller for any amount, and Seller shall be liable to Purchaser for any and all damages sustained by reason of the default which gave rise to the termination.
4. Packing/Shipment. Each shipment shall be properly packed, marked and shipped in accordance with the requirements of the transporting common carrier and in a manner that will permit securing of
the lowest transportation rates. If in order to comply with Purchaser's required delivery date it becomes necessary for Seller to ship by a more expensive manner, any increased transportation costs shall be
paid for by Seller unless the necessity has been caused by Purchaser. Seller shall mark each package in accordance with the then current "Hazardous Materials Regulations" of the Department of
Transportation.
5. Proprietary Information-Confidentiality-Advertising. Seller shall consider all information furnished by Purchaser to be confidential and shall not disclose any such information to any other person,
or use such information itself for any purpose other than performing this contract, without Purchaser's written consent. This paragraph shall apply to drawings, specifications, or other documents prepared by
Seller for Purchaser in connection with this order, all of which shall be returned to Purchaser upon completion of this purchase order. Unless otherwise agreed in writing and signed by both parties, no
information disclosed by Seller to Purchaser shall be deemed confidential.
6. Warranty. Seller expressly warrants that all goods or services furnished under this agreement shall conform to all specifications, Avery Dennison's Restricted Substances List (which maybe amended
from time to time by Avery Dennison as published on http://www.myrbis.averydennison.com/RSL) and Avery's Supplier Standards, will be new, will be free from defects in material or workmanship. Seller
warrants that all such goods or services will conform to any statements made on the containers or labels or advertisements for such goods, or services, and that any goods will be adequately contained,
packaged, marked and labeled. Seller warrants that all goods or services furnished hereunder will be merchantable, and will be safe and appropriate for the purpose for which goods or services of that kind
are normally used. If Seller knows or has
reason to know the particular purpose for which Purchaser intends to use the goods or services, Seller warrants that such goods or services will be fit for such particular purpose. Seller warrants that goods or
services furnished will conform in all respects to samples. Inspection, test, acceptance or use of the goods or services furnished hereunder shall not affect the Seller's obligation under this warranty, and such
warranties shall survive inspection, test, acceptance and use. Seller's warranty shall run to Purchaser, its successors, assigns and customers, and users of products sold by Purchaser. Seller agrees to
replace or correct defects of any goods or services not conforming to the foregoing warranty promptly, without expense to Purchaser, when notified of such nonconformity by Purchaser. In the event of failure
of Seller to correct defects in or replace nonconforming goods or services promptly, Purchaser, after reasonable notice to Seller, may make such corrections or replace such goods and services and charge
Seller for the cost incurred in doing so.
7. Price Warranty. Seller warrants that the prices for the articles sold Purchaser hereunder are not less favorable than those currently extended to any other customer for the same or similar articles in
similar quantities. In the event Seller reduces its price for such article during the term of this order, Seller agrees to reduce the prices hereof correspondingly. Seller warrants that prices shown on this
purchase order shall be complete, and no additional charges of any type shall be added without Purchaser's express written consent. Such additional charges include, but are not limited to, shipping,
packaging, labeling, custom duties, taxes, storage, insurance, boxing, crating.
8. Force Majeure. Purchaser may delay delivery or acceptance occasioned by causes beyond its control. Seller shall hold such goods at the direction of the Purchaser, and shall deliver them when the
cause affecting the delay has been removed. Purchaser shall be responsible only for Seller's direct additional costs in holding the goods or delaying performance of this agreement at Purchaser's request.
Either party will be excused from performing this contract if performance has been made impracticable by the occurrence of a contingency the non-occurrence of which was a basic assumption on which the
contract was made, or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not it later proves to be invalid.
9. Patents. Seller agrees upon receipt of notification to promptly assume full responsibility for defense of any suit or proceeding which may be brought against Purchaser or its agents, customers, or other
vendors for alleged patent infringement, as well as for any alleged unfair competition resulting from similarity in design, trademark or appearance of goods or services furnished hereunder, and Seller further
agrees to indemnify Purchaser, its agents and customers against any and all expenses, losses, royalties, profits and damages including court costs and attorneys' fees resulting from any such suit or
proceeding, including any settlement. Purchaser may be represented by and actively participate through its own counsel in any such suit or proceeding if it so desires, and the costs of such representation
shall be paid by Seller.
10. Insurance. In the event that Seller's performance hereunder requires performance of services by Seller's employees, or persons under contract to seller, on Purchaser's property, Seller agrees that all
such work shall be done as an independent contractor and that the persons doing such work shall not be considered employees of Purchaser. Seller shall maintain all necessary insurance coverages,
including public liability and Workers Compensation insurance. Seller shall indemnify and defend Purchaser from any and all claims or liabilities arising out of the work covered by this paragraph. Seller
agrees to comply with any additional terms and conditions applicable to service or construction work which may be attached hereto.
11. Indemnification. Seller shall defend, indemnify and hold harmless Purchaser against all damages, claims, liabilities and expenses (including attorney's fees) arising out of or resulting in any way from
any defect in the goods or services purchased hereunder, from any act or omission of Seller, its agents, employees or subcontractors and from all damages suffered as a result of the failure of the goods and
services to comply with all state, federal and local laws, rules and regulations. This indemnification shall be in addition to the warranty obligations of Seller.
12. Changes. Purchaser shall have the right at any time to make changes in drawings, designs, specifications, materials, packaging, time and place of delivery and method of transportation. If any such
changes cause an increase or decrease in the cost, or the time required for performance, an equitable adjustment shall be made and this agreement shall be modified in writing accordingly. Seller agrees to
accept any such changes subject to this paragraph.
13. Inspection/Testing. Payment for the goods delivered hereunder shall not constitute acceptance thereof. Purchaser shall have the right to inspect such goods and to reject any or all of said goods
which are, in Purchaser's judgment, defective or nonconforming. Goods rejected and goods supplied in excess of quantities called for herein may be returned to Seller at its expense and, in addition to
Purchaser's other rights. Purchaser may charge Seller all expenses of unpacking, examining, repacking and reshipping such goods. In the event Purchaser receives goods whose defects or nonconformity is
not apparent on examination. Purchaser reserves the right to require replacement, as well as payment of damages. Nothing contained in this purchase order shall relieve in any way the Seller from the
obligation of testing, inspection and quality control.
14. Entire Agreement. This purchase order, and any documents referred to on the face hereof or attached hereto, constitute the entire agreement between the parties.
15. Assignments and Subcontracting. No part of this order may be assigned or subcontracted without the prior written approval of Purchaser.
16. Setoff. All claims for money due from Purchaser shall be subject to deduction or setoff by Purchaser by reason of any counterclaim arising out of this or any other transaction with Seller.
17. Waiver. Purchaser's failure to insist on performance of any of the terms or conditions herein or to exercise any right or privilege or Purchaser's waiver of any breach hereunder shall not thereafter
waive any other terms, conditions, or privileges, whether of the same or similar type.
18. Delivery. Time is of the essence of this contract, and if delivery of items or rendering of services is not completed by the time promised, Purchaser reserves the right, in addition to its other rights and
remedies, to terminate this contract by notice effective when received by Seller as to items not yet shipped or services not yet rendered and to purchase substitute items or services elsewhere and charge
Seller with any loss incurred.
19. Limitation on Purchaser's Liability. In no event shall Purchaser be liable for anticipated profits or for incidental or consequential damages. Purchaser's liability on any claim of any kind for any loss
or damage arising out of or in connection with or resulting from this agreement or from the performance or breach hereof shall in no case exceed the price allocable to the goods or services or unit thereof
which gives rise to the claim. Purchaser shall not be liable for penalties of any description.
20. Compliance with Laws. Seller represents that all applicable requirements under applicable laws shall be observed in the manufacture sale and delivery of the materials/goods covered under this
purchase order.
21. Choice of Law This Purchase order shall be governed, onstrued and enforced in Ordinance with the laws of Bangladesh.