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Order
Terms & Conditions - Archived 2004
- Parties:
The term "seller" as used herein shall be defined as the addressee
of this order, the term "Yale" shall be defined as Yale University,
New Haven, Connecticut, a Connecticut Corporation.
- Acceptance
and Limitations: Shipment, in whole or in part, of goods or rendering,
in total or in part, of services ordered herein, shall constitute acceptance
of this order and all terms and conditions herein stated. The terms
and conditions of this purchase order shall not in any way be changed,
limited, controlled, or restricted by any oral statements or the provisions
of the Seller's forms, letters, or papers which are inconsistent herewith,
unless specifically authorized in writing by Yale.
- Packing:
Yale's purchase order number must appear on the outside of each package
and on all packing slips, invoices, and allied papers. A packing slip
must be included with each shipment.
- Freight
Charges: All shipments on which freight charges are due must be
prepaid. Collect shipments cannot be accepted.
- Cancellation:
Time is of the essence and Yale may, at its option, and without limitation
of any of its other rights, cancel all or any unfilled part of this
order if deliveries are not made within the times specified. Yale, furthermore,
reserves the right to charge the seller with any loss or expense sustained
as a result of such failure to deliver.
- Quantity:
Material shipped in excess of Yale's stated requirements may be returned
at the seller's expense.
- Warranties:
The seller warrants that all material, work, or merchandise supplied
under this order shall conform to specifications, drawings, samples,
or other descriptions furnished or adopted by Yale, and shall be fit
and serviceable for the purpose intended, of good quality and workmanship
and free from defect. All such material, work, or merchandise shall
be subject to Yale's inspection before acceptance, and also to later
rejection if use reveals defects not apparent upon receipt; and if rejected,
will be held at seller's risk and expense for storage and other charges.
Neither receipt of goods nor payment therefore shall constitute a waiver
of this provision.
- Advertising:
Seller agrees not to make reference to Yale in any advertising material
of any kind, without the express written permission of the University.
- Compliance
with Statutes: Seller represents and warrants that, in the production
and sale of goods to be delivered pursuant hereto, he has complied with
the requirements of the Fair Labor Standards Act of 1938, as amended,
the rules and regulations of the Secretary of Labor issued pursuant
to Executive Order Number 11246 of September 24, 1965, and all other
applicable federal, state, and municipal laws.
- Discount
Period: In the case of any cash discounts which may be applicable,
the discount period will commence with the receipt of material or the
receipt of invoice, whichever is later.
- Permits:
Yale will obtain all permits necessary to comply with state or municipal
codes, except that licensed plumbing and electrical contractors must
obtain their own permits.
- Insurance:
Before any work may be performed on Yale premises vendor must show evidence
to the buyer that they carry at a minimum, these coverages.
- Yale
has implemented affirmative action programs to employ and advance in
employment qualified disabled veterans and veterans of the Vietnam era,
in accordance with 41 CRF 60-250.1 et. seq., and qualified handicapped
persons in accordance with 41 CRF 60-741.1 et seq., and to ensure
that applicants for jobs are employed, and employees are treated during
their employment, without regard to their race, color, religion, sex
or national origin, in accordance with 41 CRF 60-1.1 et seq.
These programs and the applicable federal regulations are incorporated
by reference herein and are binding on the seller.
- Y2000
Terms and Conditions for:
Consulting
Consultant represents
and warrants that the services provided or the goods created, provided
or recommended under this agreement, shall correctly perform all functions,
calculations, comparisons, sequencing displays and other processing
of calendar dates and date related data both before, during and after
the year 2000, without error or degradation of performance. Notwithstanding
any limitation of warranty to the contrary, seller further represents
and warrants that the supply, quality and fitness for the purpose
of the goods or services will not be impaired, disrupted or interrupted
in whole or in part by the arrival of the year 2000 or the end of
1999 or the occurrence of any leap year. These express warranties
shall not be waived by reason of acceptance or payment by the buyer.
Goods
Seller represents
and warrants that all date processing in the software/products will
without human intervention, correction or upgrade: (a) perform an
uninterrupted transition into the year 2000 with the correct system
day and date and witout adverse effect on normal operations or feature,
function and performance; and (b) correctly recognize, interpret,
process (including calculate, sort, compare, and sequence), display,
store, import, and export all date and date-dependent data from, into
and between the 20th and 21st centuries and during the occurrence
of any leap year. Notwithstanding any limitations of warranty to the
contrary, seller agrees to correct at no additional cost all defects
and nonconformities within 90 days of notification with regard to
a breach of the foregoing warranty. These express warranties shall
not be waived by reason of acceptance or payment by the buyer.
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