GENERAL TERMS AND
1. 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.
2. 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
3. PACKING: No charges will allowed for special
handling, packing, wrapping, bags, containers, etc., unless otherwise
4. DELIVERY: For any exceptions to the delivery
date as specified on the order, 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.
5. SHIPPING INSTRUCTIONS: Unless otherwise
instructed, all goods are to be shipped prepaid and allowed, FOB Destination.
6. 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.
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.
8. 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.
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.
11. LIENS, CLAIMS AND ENCUMBRANCES: 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.
In the event of a breach by 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. Contractor shall be liable for damages
suffered by Central Community College resulting from Contractor's breach of
TRADEMARKS: 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.
HARMLESS: 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 Contractor,
its employees, or subcontractors, howsoever caused.
REGULATIONS: Contractor guarantees all items, or services, meet or exceed those
requirements and guidelines established by the Occupational Safety and Health
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
ASSIGNMENTS: No Agreement, order, or any
interest therein shall be transferred by Contractor to any other party without
the approval in writing from the Office of Purchasing, Central Community
College. Transfer of an Agreement
without approval may cause the rescission of the transferred Agreement at the
option of Central Community College.
Notwithstanding any assignment, 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.
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.
JOINT VENTURE: Nothing contained in this
Agreement shall be construed as creating a joint venture, partnership, or
employment or agency relationship between the parties.
WARRANTY FOR COMMERCIAL ITEMS:
Contractor warrants that prices charged to Central Community College are
based on 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 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: 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 Contractor agrees to submit to the jurisdiction of such court.