Terms and Conditions of Service Purchase Orders
Services
All services provided by Supplier (including all goods, equipment and materials used in the provision of services) shall be governed by the terms and conditions of the existing Master Services Agreement between JM Family Automotive, LLC and Supplier. In the event that multiple Master Services Agreements between the parties exist, the most recent Master Services Agreement shall prevail. In the event of a conflict between the terms of the Master Services Agreement and this Purchase Order, the terms of this Purchase Order shall govern. All capitalized terms used herein but not otherwise defined shall have the meaning ascribed to them in the Master Services Agreement. Supplier warrants to JM Family Automotive, LLC that materials and equipment furnished pursuant to this Purchase Order will be of good quality and new, unless otherwise required or permitted by the terms herein, that all services will be free from defects not inherent in the quality required or permitted, and that the services will conform with the requirements of this Purchase Order and all governmental authorities having jurisdiction over the services. Services not conforming to these requirements, including substitutions not properly approved and authorized, will be considered defective. If required by JM Family Automotive, LLC, Supplier shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Supplier shall perform the services in a good, workmanlike manner and warrant all services against defects in material or workmanship for a period of one (1) year from the date of payment for the services or any longer period provided by statute. Provider shall secure and assign to JM Family Automotive, LLC all written warranties of equipment or materials furnished to Supplier or its subcontractors by any manufacturer or other supplier. Notwithstanding the availability of manufacturer or subcontractor warranties, Supplier shall remain responsible for the warranty of all of the services.
Goods
All goods purchased pursuant to this Purchase Order shall be governed by the terms and conditions found at https://www.jmfamily.com/terms-of-purchase, which may be updated from time to time without notice to Supplier.
Acceptance
Provider shall be deemed to have accepted this offer and these Terms and Conditions (including any other documents referenced herein) become the exclusive and binding agreement between the parties for the purchase of services and/or goods, upon the earlier of (i) acceptance or acknowledgment of this Purchase Order whether orally, in writing or otherwise, or (ii) commencement of performance of Provider’s obligations under this Purchase Order.