PO Terms and Conditions

MassBay PO Terms and Conditions as of July 1, 2017


Terms of this contract cannot be modified, altered or changed without the specific written approval of the College.

 1.        ACCEPTANCE: By accepting this contract, the Contractor agrees to all of the terms and conditions specified herein, on attachments hereto, on the reverse hereof, and on any bid solicitation and submission that may have preceded this award. Prices cannot be altered during the term unless that was a condition of Contractor’s bid. Unless otherwise stated, unit prices are inclusive of all costs. Questions concerning product/service details should be directed to the Department Contact. Questions regarding financial matters should be directed to the Purchasing Department.   


2.        SHIP TO:  To insure that delivery is made to the correct location, please address all shipment as noted on the face of this order, including Ship to Location. All correspondence, packages and invoices must indicate the purchase order number, department contact and delivery address as indicated on this order.


3.        DELIVERY:  Deliveries shall be strictly in accordance with the schedule set out or referred to in the order and in exact quantities ordered. All deliveries are made F.O.B. DESTINATION-FREIGHT PREPAID (DELIVERED) unless otherwise stated.


4.        INSPECTION OF GOODS:  The College shall have a reasonable time after delivery to inspect the goods delivered or services rendered under this order and to reject or revoke acceptance of any not conforming to the terms of agreement. Rejected goods will be returned to Contractor at Contractor’s expense. Rejected services will be reworked and all costs associated with the rework will be charged to Contractor.


5.        MATERIAL SAFETY DATA SHEETS: Contractor shall submit a Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or mixture containing such substance that is shipped against this order.


6.        SUBSTITUTION OF GOODS:  Goods not conforming to this contract will not be accepted. The College must approve any substitution of non-conforming goods prior to shipment and in writing by the Purchasing Department.


7.        CONTRACTORS WARRANTY: Contractor herein warrants and covenants that the subject merchandise complies with all applicable federal, state and local statutes, rules and regulations for the installation and use of said merchandise for the purpose for which said merchandise is being purchased or rented.


8.        PAYMENT:  All invoices must be sent ATTN: Accounts Payable. Standard payment terms are net 30 days, and the College will not accept any late penalty or interest charges unless negotiated in writing prior to placing the order. The College will issue payment from invoices only.


9.        TERMINATION: College reserves the right to terminate any part of this order due to reduction in appropriation that funds this contract.


10.     NON-CONFORMANCE:  If this contract does not agree with Contractor’s quotation, contact the College before performance begins. Prior to performance the College may require additional information from the Contractor in order to insure that the firm is qualified and that the product or service offered would meet the need for which it is intended.


11.     STATE EXECUTIVE ORDER 130:  In accordance with Commonwealth of Massachusetts Executive Order No. 130, Anti-Boycott Covenant dated December 8, 1976, the Contractor warrants, represents, and agrees that during the time this contract is in effect, neither it nor an affiliated company, participates in or cooperates with an international boycott, as defined in Section 999 (b) (3)and (4) of the Internal Revenue Code of 1954, as amended, or engages in conduct declared to be unlawful by Section 2 of Chapter 151E. Massachusetts General Laws.


12.     TAX COMPLIANCE: Contractor certifies under penalties of perjury that they have filed all state returns and paid all state taxes pursuant to Chapter 62C, Section 49A.


13.     AUDIT: The Governor or his designee, the Secretary of Administration and Finance, and the State Auditor or his designee shall have the right at reasonable times and upon reasonable notice to examine the books, records, and other compilations of data of the vendor, which pertain to the performance of the provisions and requirements of this contract.


14.     WAGE RATES: All labor to be paid in accordance with minimum wage rated, and welfare and pension fund contributors as determined by the Commissioner or Labor and Industries under the provisions of the Mass. General Laws, Chapter 149, Section 26 to 27D inclusive. Prevailing wage must be paid when applicable


15.     NON-DISCRIMINATION IN EMPLOYMENT AND AFFIRMATIVE ACTION: The Contractor shall not discriminate against a qualified employee or applicant for employment because of race, color, national origin, ancestry, age, sex, sexual orientation, religion, veteran status or disability pursuant to all applicable laws.


16.     INDEMNIFICATION:  Unless exempted by law, the Contractor shall indemnify and hold harmless the State, including the Department, its agents, officers and employees against any and all claims, liabilities and costs for any personal injury or property damages, patent or copyright infringement or other damages that the State may sustain which arise out of or in connection with their performance of a this contract, including but not limited to the negligence, reckless or intentional conduct of the Contractor, its agents, officers, employees or subcontractors.


17.     GOVERNING LAW: Agreement, and the obligations arising under it, will be governed by, and construed and enforced under the laws of Massachusetts without regard to conflict of law principles. Actions arising directly, or indirectly, in connection with this Agreement will be litigated in Massachusetts courts. The Parties hereby consent and submit to the jurisdiction of any local, state or federal court located within Massachusetts. The Parties hereby waive any right they may have to transfer or change the venue of any litigation brought in connection with this Agreement.