Purchase Order Terms and Conditions

  1. This Purchase Order is an offer to Mustard Pie LLC (“Seller”) by Buyer (as defined on the cover page hereto) to enter into this purchase agreement on the terms, including the price, payment terms and quantity, set forth on the cover page of this document attached hereto, and it shall be the complete and exclusive statement of such agreement (this “Order”).  Seller shall accept this offer in writing or by beginning to fill the order or perform the services requested by Buyer.  Unless specifically agreed to in a writing by Seller, signed by a duly authorized representative of Seller, no additional or different term or provision of any purchase order or other form supplied by Buyer shall become part of this Order notwithstanding Seller’s failure to specifically object to such term or provision, although the parties may use such documents for ease of administration.
  2. Seller represents and warrants to Buyer that all goods sold and services provided to Buyer (a) are free and clear of all liens, claims and encumbrances; (b) are free from defects in design, workmanship and materials; and (c) conform to all of Buyer’s descriptions and specifications and samples.  THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  3. If any goods or services are found to be non-conforming with any warranty set forth herein, Seller, at its sole option, shall repair or replace the non-conforming goods or services.  The foregoing shall be Buyer’s sole remedy for non-conforming goods or services.
  4. Goods ordered shall be delivered to the place and in the manner set forth on this Order, unless Seller is directed otherwise by Buyer in writing.  Goods are sold F.O.B. at the place indicated by Buyer.
  5. This Order, and all other aspects of the relationship between Seller and Buyer, shall be construed and governed according to the laws of the State of Illinois.