Terms and Conditions for UNCG Purchases
1. Purchase Orders are a legal document issued by The University of North Carolina Greensboro for those supplies, materials, equipment and/or services specified. This document is binding (subject to paragraph 2) when issued by an authorized or duly designated agent of the University.
2. Purchase Orders are subject to shipment, delivery and/or performance at prices, amount and transportation rates not in excess of those specified on the face of this order. By acceptance of this order, the Conditions and Instructions listed hereon and the General Statutes will only be shipped to the address specified on the Purchase Order.
3. Each shipment must be marked to the attention of the Department indicated on the face of this order, and plainly and clearly labeled with the Purchase Order number. Shipments will only be shipped to address specified on the Purchase Order.
4. Complete packing list(s) should accompany each shipment.
5. When materials are shipped against this order by shipper other than that specified on the Purchase Order, the shipper must be instructed to follow the shipping instructions on face of this order. The shipper, as well, will show the Purchase Order number on all packages and shipping manifests to assure prompt identification and payment of invoices.
6. Materials received in excess of quantities specified herein may, at the University's option, be returned at shipper's expense to point of origin.
7. Invoices will be submitted in duplicate on date of shipment to UNCG Accounts payable. Invoices will clearly show Purchase Order number, terms of payment, and routing. See billing instructions on face of this order.
8. Each invoices should be accompanied by the following papers:
A. Original bill of lading, when shipment is made by freight or express. NOTE: If F.O.B origin, freight must be prepaid and added to invoice.
B. Signed delivery receipt when delivery is made by passenger or truck.
C. Parcel post insurance when shipment is made by parcel post and value is over $100.00.
9. If invoice is subject to discount, the discount period will be calculated from the date of acceptance by the University at destination.
10. North Carolina General Statute 105-164.13(52) provides exemption from NC sales tax or use tax, tax exemption #400004. Do not include the cost of the following taxes in calculating prices as State supported institutions are exempt from payment thereof:
A. Federal transportation tax
B. Federal excise tax
11. By shipment, delivery and/or performance under this order, it is represented that the price hereunder was not arrived at collusively and does not violate federal or North Carolina antitrust law.
12. Purchase Orders are NOT transferable to another company. Invoices must be received from vendor named on face of the order.
13. The University of North Carolina at Greensboro is not responsible for goods delivered or services rendered that are not a part of this order. Dispute resolution will be in accordance with those procedures prescribed by the University. Any such correspondence will be addressed to the office issuing this order.
14. All University of North Carolina at Greensboro orders are subject to cancellation, except those in transit. The University reserves the right to terminate this order for any form of default and to reprocure with additional cost born by this order.
15. Pursuant to G.S. 143-48 and Executive Order No. 77, UNCG and the State invites and encourages participation by businesses owned by minorities, women and the disabled.
16. Vendors shall provide disabled accessible electronic and information technology products and services in compliance with Sections 504 and 508 of the Rehabilitation Act of 1973, 29 U.S.C. 794 & 794d, as assembled.
17. Vendor acknowleges that no provision of any purchase order, click-wrap agreement, or other similar documentation will be deemed to modify, add to, or supersede any provision of this Purchase Order. The terms and conditions outlined in this Purchase Order override all online "click-through" agreements, any "click-wrap" agreements, any automatic, update agreements, and any other agreement, of whatever kind, whereby users of the Software or Hardware purport to enter into or accept contractual terms or conditions that are different from, or in addition to, this Purchase Order.
18. INSURANCE:
COVERAGE - During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the contractor shall provide and maintain the following coverage and limits:
a. Worker’s Compensation - The contractor shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $150,000.00, covering all of contractor’s employees who are engaged in any work under the contract. If any work is sublet, the contractor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the contract.
b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $500,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.)
c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract. The minimum combined single limit shall be $150,000.00 bodily injury and property damage; $150,000.00 uninsured/under insured motorist; and $1,000.00 medical payment.
REQUIREMENTS: Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the contractor’s liability and obligations under the contract.
19. This Purchase will be governed and construed in accordance with the laws of the State of North Carolina and any dispute arising out of this agreement shall be filed in a court of competent jurisdiction in Guilford County, North Carolina.
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