Terms & Conditions

ACCEPTANCE

ITL LLC Doing Business as ITL Solutions, hereinafter referred to as ITL, may, at its option, accept any offer submitted by Vendor in response to a Request for Quotation by ITL as a binding agreement. Fulfillment by Vendor of the items and/or services ordered by ITL constitutes consent by the Vendor to these Terms and Conditions. Correspondence (including, for example, letter, facsimile and electronic mail) confirming ITL’s order, or any signed Purchase Order (which shall include any kind of signed order or agreement for the goods and/or services in question) shall also constitute acceptance by Vendor of these Terms and Conditions.

BRAND NAMES

The Vendor shall provide the goods and/or services as proposed to include brand names and part numbers proposed. Strict compliance with the Purchase Order is required and no substitutions are acceptable without the prior written consent of ITL.

FREIGHT

All item(s) unless otherwise specified in the Purchase Order shall be FOB Destination, Freight Prepaid. If other conditions are desired, they must be arranged in writing in advance of the shipment.  No payments for freight will be made without a copy of the freight bill that includes ITL’s Purchase Order number.

DELIVERY

The goods and services required by the Purchase Order shall be delivered in accordance with the delivery schedule contained in the Purchase Order. The time of delivery stated is of the essence. The date specified for delivery is the required delivery date at the designated destination, unless otherwise expressly noted in the Purchase Order. Delivery shall not be deemed complete until the goods have been actually received and accepted by ITL, notwithstanding delivery to any carrier, or until orders for services have been performed, received, and accepted by ITL. Vendor acknowledges that ITL may be reselling the goods and/or services provided by Vendor and a failure to meet delivery requirements may result in damages to ITL, for which Vendor will be liable. In addition to any other remedies ITL may have, in the event the Vendor fails to provide goods or services upon the date agreed in the applicable PO, ITL may charge at its sole discretion, and Vendor shall pay the following amounts (including the right of ITL to off-set such amounts against other amounts due Vendor:

(a) The total of (a) any amount already paid to Vendor by ITL for such late goods and/or services, plus (b) damages incurred by ITL arising from or related to any agreement ITL may have with its customer to provide the late goods and/or services, plus (b) any additional cover damages incurred by ITL to obtain the goods and services from another source; or (b) The total of (a) any amount already paid to Vendor by ITL for such late goods and/or services, plus (b) liquidated damages in the amount of five percent (5%) of the value of the goods and services per day of lateness of delivery.