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Terms and Conditions
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All invoices, packages, shipping notices, instruction manuals and other written documents affecting this order shall contain the applicable order number. Packing lists shall be enclosed in each box or package shipped, indicating the contents therein. Invoices will not be processed for payment until all items invoiced are received.
C. SHIPPING INSTRUCTIONS:
All goods are to be shipped freight prepaid, F.O.B. destination, unless otherwise stated. Where Buyer has so authorized in writing, goods may be shipped F.O.B. shipping point, but Seller shall prepay all shipping charges, route the goods by the cheapest common carrier, or the carrier specified, and list said charges as a separate item on Seller’s invoice. Each invoice for shipping charges shall be accompanied by the original or a copy of the bill indicating that such charges have been paid. Buyer reserves the right to reject C.O.D. shipments. Seller shall not insure the goods for Buyer’s account during shipment except upon Buyer’s written request, or where the shipping mode is parcel post.
D. SPECIAL CHARGES:
Seller shall be responsible for the payment of all charges for handling, packaging, wrapping, bags, containers and related matters unless Buyer has assumed an express obligation by notation on the reverse side hereof.
Time is of the essence, and this order may be terminated if delivery is not made or services are not performed by the date specified on the reverse side hereof. No change in the scheduled delivery date or performance will be permitted without Buyer’s written consent. No acceptance of goods or services after the scheduled delivery date will waive Buyer’s rights with respect to such late delivery nor shall it be deemed a waiver of future compliance with the terms hereof.
Buyer will remit payment to Seller by mail. Seller agrees not to deliver goods on a sight draft basis.
If price is not stated on this order, it is agreed that the goods or services shall be billed at the price last quoted, or paid by a customer of Seller, or the prevailing market price, whichever is lower.
H. CASH DISCOUNT:
If Buyer is entitled to a cash discount, the period of computation will commence on the date of acceptance or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date on which an agreed adjustment of price is reached. If a cash discount is made part of the contract, but the invoice does not reflect the existence thereof, Buyer is entitled to a cash discount with the period commencing on the date Buyer determines that a cash discount applies.
Buyer is a tax-exempt educational institution. Federal Excise Tax Exemption No.52-730056-F. District of Columbia Exemption No. 350000006433
Seller shall not assign this contract, or the right to payment due hereunder, without Buyer’s prior written consent.
K. LIENS, CLAIMS AND ENCUMBRANCES:
Seller warrants and represents that all the goods will, when delivered, be free and clear of all liens, claims, or encumbrances of every kind.
All goods purchased hereunder are subject to Buyer’s inspection and approval. Goods rejected by Buyer for whatever reason shall be held, transported and/or stored at Seller’s sole expense. Seller shall promptly reimburse Buyer for any such expenses.
Buyer may, subject to the provisions of paragraph “N”, by written notice of default to Seller, cancel the whole or any part of this order or exercise any other remedy provided Buyers of goods by law or in equity including any remedy under the Uniform Commercial Code (RCW Title 62A) in any of the following circumstances:
Not by way of limitation, the remedies of the parties include:
Seller warrants goods supplied and work or services performed under this order conform to specifications herein and are MERCHANTABLE and fit for the particular purposes for which goods are ordinarily employed.
Seller warrants that Buyer’s purchase, installation, and/or use of the goods covered hereby will not result in any claim of infringement, or actual infringement of any patent, trademark, copyright, franchise, or other intellectual property right.
Q. RISK OF LOSS:
Regardless of F.O.B. Point, Seller agrees to bear all risks of loss, injury, or destruction of goods and materials ordered herein which occur prior to acceptance by Buyer. No such loss, injury or destruction shall release Seller from any obligations hereunder.
R. INDEMNIFICATION: HOLD HARMLESS:
Seller shall indemnify and hold Buyer harmless from and against all claims, losses, expenses, damages, causes of actions and liabilities of every kind and nature including without limitation reasonable attorney’s fees, without waiver of Seller’s obligation to indemnify Buyer hereunder, arising from or out of any alleged breach of any of Seller’s obligations or warranties hereunder or from other acts or omission of Seller, its officers, agents, employees, and sub-contractors.
S. EQUAL EMPLOYMENT OPPORTUNITY:
Unless exempted by Presidential Executive Order 11246 and applicable regulations hereunder, Seller certifies that it does not, and will not maintain segregated facilities, nor permit its employees to work at locations where facilities are segregated on the basis of race, color, religion, national origin, age or sex.
T. SERVICE OR INSTALLATION OF WORK:
In the event this order requires the performance of work or installation of goods by Seller upon any property or project of Buyer, the following conditions shall also be applicable:
No advertising or publicity matter having or containing any reference to Buyer or any of its staff members shall be made by Seller or anyone in Seller’s behalf unless Seller has written consent of Buyer.
V. DISCLOSURE OF INFORMATION:
All data and information not already in the public domain, developed or disclosed during the life of this order, will be the property of the Buyer and will be classified in secrecy and confidence by the Seller. Seller will keep all such data and information confidential until it comes into the public domain or until Buyer’s Purchasing Agent consents in writing to disclosure.
W. ATTORNEYS’ FEES:
In any suit or action brought to enforce any term, condition, or covenant herein, or recover damages arising from any breach of this contract, the Seller shall pay to the Buyer reasonable attorney’s fees and all other costs and expenses which may be incurred by the Buyer in any such suit or action and in any reviews thereof and appeals there from.
X. GOVERNING LAW:
Unless otherwise specified this order is governed by the laws of the District of Columbia.”
Gallaudet University, chartered in 1864, is a private university for deaf and hard of hearing students.
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