2004 Archived PO Terms & Conditions
- 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.
- Cancelation: 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 60-250.1et. 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 without 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.