Central Community College General Terms and Conditions
This order expressly limits acceptance to the terms and conditions stated herein, all additional or different terms proposed by contractor are objected to and are hereby rejected, unless otherwise provided for in writing by the Central Community College purchasing office.
CHANGES: No alteration in any of the terms, conditions, delivery, price, quality, quantity or specifications of this order will be effective without the written consent of the Central Community College Purchasing Office.
PACKING: No charges will be allowed for special handling, packing, wrapping, bags, containers, etc., unless otherwise specified.
DELIVERY: For any exceptions to the delivery date as specified on the order, the contractor shall give prior notification and obtain approval thereto from the Central Community College Purchasing Office. With respect to delivery under this order, time is of the essence and order is subject to termination for failure to deliver within the timeframe specified in the order.
SHIPPING INSTRUCTIONS: Unless otherwise instructed, all goods are to be shipped prepaid and allowed, FOB Destination.
ORDER NUMBERS: Agreement order numbers or purchase order numbers shall be clearly shown on all acknowledgements, shipping labels, packing slips, invoices, and on all correspondence.
REJECTION: All goods, materials, or services purchased herein are subject to approval by Central Community College. Any rejection of goods, materials or services resulting from nonconformity to the terms, conditions or specifications of this order, whether the goods are held by Central Community College or returned, will be at the contractor's risk and expense.
QUALITY STANDARDS: Brand names, models and specifications referenced herein are meant to establish a minimum standard of quality, performance, or use required by the college. No substitutions will be permitted without written authorization of the Central Community College Purchasing Office.
WARRANTIES: The contractor warrants that all products delivered under this order shall be new, unless otherwise specified, free from defects in material and workmanship, and shall be fit for the intended purpose. All products found defective shall be replaced by the contractor upon notification by Central Community College. All costs of replacement, including shipping charges, are to be borne by the contractor.
PAYMENT, CASH DISCOUNT: Invoices will not be processed for payment nor will the period of computation for cash discount commence until receipt of a properly completed invoice or invoiced items are received and accepted, whichever is later. If an adjustment in payment is necessary due to damage or dispute, the cash discount period shall commence on the date final approval for payment is authorized. Payment shall not be considered late if a check or warrant is available or mailed within the time specified.
LIENS, CLAIMS AND ENCUMBRANCES: The contractor warrants and represents that all the goods and materials delivered herein are free and clear of all liens, claims or encumbrances of any kind.
TERMINATION: In the event of a breach by the contractor of any of the provisions of this agreement, Central Community College reserves the right to cancel and terminate this agreement forthwith upon giving written notice to the contractor. The contractor shall be liable for damages suffered by Central Community College resulting from the contractor's breach of agreement.
TRADEMARKS: The contractor shall not use the name, trade name, trademark or any other designation of the college, or any contraction, abbreviation, adaption or simulation of any of the foregoing, in any advertisement or for any commercial or promotional purpose (other than in performing under this agreement) without the college's prior written consent in each case.
SAVE HARMLESS: The contractor shall protect, indemnify and save Central Community College harmless from and against any damage, cost or liability, including reasonable attorney's fees, for any or all injuries to persons or property arising from acts or omissions of the contractor, its employees, or subcontractors, howsoever caused.
OSHA REGULATIONS: The contractor guarantees all items or services meet or exceed those requirements and guidelines established by the Occupational Safety and Health Act.
TAXES: The college is exempt from tax per the Nebraska Revised Statue 77-2704.12.
BINDING EFFECT: This agreement is for the benefit only of the parties hereto and shall inure to the benefit of and bind the parties and their respective heirs, legal representatives, successors and assigns.
ASSIGNMENTS: No agreement, order or any interest therein shall be transferred by the contractor to any other party without the approval in writing from the Central Community College Purchasing Office. Transfer of an agreement without approval may cause the rescission of the transferred agreement at the option of Central Community College. Notwithstanding any assignment, the contractor shall remain fully liable on this agreement and shall not be released from performing any of the terms, covenants and conditions of this agreement.
WAIVER: No covenant, term or condition, or the breach thereof, shall be deemed waived, except by written consent of the party against whom the waiver is claimed, and then only to the extent of such written consent. Acceptance by a party of any performance by another party after the time the same shall have become due shall not constitute a waiver by the first party of the breach or default unless otherwise expressly agreed to in writing.
FORCE MAJEURE: Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes thereof, governmental restrictions, governmental regulations, governmental controls, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform (except for financial ability), shall excurse the performance by such party for a period equal to any such prevention, delay or stoppage.
NO JOINT VENTURE: Nothing contained in this agreement shall be construed as creating a joint venture, partnership or employment or agency relationship between the parties.
PRICE WARRANTY FOR COMMERCIAL ITEMS: The contractor warrants that prices charged to Central Community College are based on the contractor's current catalog or market prices of commercial items sold in substantial quantities to the general public and prices charged do not exceed those charged by the contractor to other customers purchasing the same item in like or comparable quantities.
NONDISCRIMINATION: This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.
COLLEGE REGULATIONS: The contractor shall follow and comply with all rules and regulations of the college and the reasonable instructions of college personnel.
GOVERNING LAW: This agreement shall be construed in accordance with and governed by the laws of the State of Nebraska. Any legal proceeding related to this agreement shall be instituted in the courts of the State of Nebraska, and the contractor agrees to submit to the jurisdiction of such court.