This Purchase Order (“Contract”) constitutes an agreement between 8TH Avenue Food & Provisions Inc., on behalf of itself or one or more of its subsidiaries or affiliates (“Purchaser”) and Supplier (named on the Contract), and the following terms and conditions shall be a part of the Contract for the goods, services, equipment or products (collectively, the “Products”) set forth on this Contract. Any terms and conditions in Supplier’s quotation, acknowledgement or any other writing pertaining to the transaction contemplated by this document, irrespective of its wording or of when received by Purchaser, which are in conflict or inconsistent with or add to the terms and conditions hereof, will not be acceptable or become a part of this Contract without Purchaser’s express written consent. Acceptance of Products delivered pursuant to this Contract shall not constitute acceptance of such conflicting, inconsistent or additional terms, nor operate to modify or change the full effect of the terms and conditions herein.
You should not bookmark this page because these terms and conditions are specific to the Contract and may hereafter be revised, from time to time, by Purchaser. If revised, the revised terms and conditions will be posted on the Purchaser’s applicable website and will be effective as of the date stated at the top of such Contract terms and conditions. Please re‐read the terms and conditions referenced in each subsequently issued order that you receive because by accepting such order after a revised version of the terms and conditions has been posted and becomes effective you will be deemed to have accepted the revised version.
Supplier shall carry and maintain insurance coverage satisfactory to Purchaser to cover its obligations in this Contract, including the insurance set forth on Exhibit A attached hereto with the respective minimum limits (all amounts stated in U.S. dollars – local currency equivalents to apply).
All such policies except Workers Compensation shall name Post Holdings, Inc. and its affiliated and subsidiary companies as an additional insured on a primary and non‐contributory basis. A waiver of subrogation in favor of Post Holdings, Inc. is required on all policies outlined. Supplier shall submit to Purchaser certificates of insurance showing proof of such coverage.
EXECUTIVE ORDER 11246 (as amended) Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans Readjustment Assistance Act (41 CFR 60‐1.4)