TERMS AND CONDITIONS
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.