Purchase Order General Terms and Conditions

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Purchase Order General Terms and Conditions

Stephen F. Austin State University purchasing guidelines are governed by Texas Education Code 51.9335 and University policies and procedures approved by the University's Board of Regents.

AFFIRMATIVE ACTION: By accepting this purchase order, the Seller certifies that it will not discriminate on the basis of race, color, national origin, sex, religion, age, disability, or veteran status and will indemnify purchaser from any claims regarding vendor
discrimination.

DELIVERY:

If delay is foreseen, vendor shall give written notice to SFA Purchasing. SFA Purchasing reserves the right to extend the delivery date if reasons are acceptable or to cancel the order and purchase the goods and services elsewhere. Default in promised delivery (without accepted reasons) authorizes SFA to charge the full increase in cost and handling to the defaulting vendor.
No substitutions or cancellations are permitted without the written approval of SFA Purchasing.
A current Material Safety Data Sheet (MSDS) must accompany all products requiring one in accordance with current state and federal laws and regulations.
Except as otherwise expressly provided herein, title to and risk of loss on all items shipped by seller to buyer shall pass to buyer upon buyer’s inspection and acceptance of such items at buyer’s location.
All items supplied shall be new and unused, in first class condition, including containers suitable for shipment and storage, unless otherwise specified. New shall not be construed as excluding recycled or remanufactured products. Failure to meet specifications places the vendor in default and authorizes SFA to purchase the goods or services elsewhere and charge the full increase in cost and handling to the defaulting vendor.

INVOICING: Invoices must include, at a minimum, the following information and must be submitted in two (2) parts. Vendor name on purchase order and invoice must match.

Purchase Order Number
Remittance address
Charges only for items shipped
Texas Payee I.D.

NOTES TO VENDOR:

Advise the Purchasing Agent immediately of any exceptions. Changes must be approved prior to shipment. Failure to advise will constitute acceptance of all terms and conditions, including price and description, shown on this order.
Vendor agrees to comply with all terms and conditions stated on front and back of this purchase order.
The Purchase Order Number shall be referred to on all invoices, packages, packing lists, shipping notices and any correspondence relating to this Order.

PATENTS OR COPYRIGHTS: The contractor agrees to protect SFA from claims involving infringements of patents and copyrights.

TAX EXEMPT: SFA is exempt from Federal Excise Tax and State Sales Tax-Subtitle E, Chapter 151, Section 151.309 of the Tax Code, for purchases of tangible personal property described in this numbered order, purchased from the contractor and/or shipper, as this property is being secured for the exclusive use of the State of Texas. Tax Exemption Certificate will be furnished upon request.

ALTERNATIVE DISPUTE RESOLUTION: To the extent that Chapter 2260, Texas Government Code, is applicable to this Contract and is not preempted by other applicable law, the dispute resolution process provided for Chapter 2260 and the related rules adopted by the Texas Attorney General Pursuant to Chapter 2260, shall be used by SFA and the Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The Vice President for Business Affairs of SFA shall examine Contractor’s claim and any counter claim and negotiate with Contractor in an effort to resolve such claims. The parties hereto specifically agree that (i) neither the occurrence of an event giving rise to a breach of contract claim nor the pendency of a claim constitute grounds for the suspension of performance by Contractor; (ii) neither the issuance of this Contract by SFA nor any other conduct, action or inaction of any representative of SFA relating to this contract constitutes or is intended to constitute a waiver of SFA’s or the state’s sovereign immunity to suit; and (iii) SFA has not waived its right to seek redress in the courts.

TECHNOLOGY ACCESS CLAUSE: The Vendor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the Vendor represents and warrants to Stephen F. Austin State University that the technology provided to Stephen F. Austin State University for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: (1) providing equivalent access for effective use by both visual and nonvisual means; (2) presenting information, including prompts used for interactive communications, in formats intended for nonvisual use; and (3) being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this clause, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the federal Americans with Disability Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance.

THIS ORDER SHALL BE GOVERNED, CONSTRUED AND INTERPRETED UNDER THE LAWS OF THE STATE OF TEXAS.

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