This document outlines the standard terms and conditions for purchase orders issued by the University of Central Arkansas to vendors. It covers general provisions such as debarment and suspension, purchasing details including prices, discounts, taxes, and delivery requirements. Payment terms, invoicing procedures, and warranty information are also detailed. The document emphasizes compliance with various laws and policies, including those related to data security, nondiscrimination, and technology accessibility. It also addresses university property rights, liability limitations, and dispute resolution processes. Vendors are required to comply with specific certifications related to illegal immigrants, boycotting Israel, and technology access. The University reserves the right to terminate agreements for breach or convenience, and all agreements are governed by the laws of the state of Arkansas. The University does not maintain general commercial liability insurance.
The bid notice states that backorders or failure to deliver within the time required may, at the sole discretion of the university, be deemed an event of default. The vendor must give written notice to the university procurement department of the reason for any such delay and the expected delivery date. The university's procurement department may, in its discretion, extend the date of delivery. Delivery shall be made during university work hours only, generally 8 a. m. to 4:30 p. m. , Central Standard Time, though slightly varies depending on particular campus, and closed Saturday, Sunday and university holidays, unless prior approval for other delivery has been obtained. The notice also mentions that for excused performance, the party so interfered with may at its option suspend, without liability, the performance of its obligations during the period such cause continues, and extend any due date or deadline for performance by the period of such delay, but in no event shall such delay exceed six 6 months unless agreed otherwise by the university.
The bid notice states that the vendor will be paid in a timely manner upon submission of a properly itemized invoice, after delivery and acceptance of goods or services by the university. All invoices must be sent to the bill to point listed on the university purchase order. Under Ark. Code **** and ****, the university shall not pay interest or late charges until 60 days after payment is due. The university may not make payments in advance of receiving goods or services.
The bid notice states that vendor shall perform all services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally accepted standards for similar services in vendor's industry, trade or profession, and shall devote adequate resources to timely meet its obligations under the PO or agreement. Unless otherwise specified in a PO or a separate written agreement, all items shall be newly manufactured, in first class condition, latest model and design and shall include, where applicable, containers suitable for shipment and storage. Vendor guarantees that everything furnished will be free from defects in design, workmanship and material and that items sold by drawing, sample or specification will conform thereto and will serve the function for which furnished under the PO or agreement specifications. Vendor further guarantees that if the items furnished are to be installed by the vendor, such items will function properly when installed and any manufacturer warranties will be assigned to the university. Vendor also guarantees that all applicable laws have been complied with relating to construction, packaging, labeling and registration of the items furnished. Vendor's obligations under this paragraph shall survive for a period of one 1 year from date of delivery, unless otherwise specified herein.
The bid notice states that vendor shall not be eligible to contract with the university for goods or services covered by the Arkansas Procurement Law if vendor is presently debarred or suspended pursuant to Ark. Code **** shall not be eligible to contract with the university to provide goods or services that are a covered transaction within the scope of the Federal Acquisition Regulation or similar federal law if vendor is presently disbarred under federal law. The university may immediately terminate the PO or agreement if the university determines that vendor has been disbarred or suspended. No additional terms or conditions shall be effective without the written consent of the university. The university expressly rejects any terms or conditions proposed or published by vendor. In the event of a conflict between these terms and conditions and vendor's proposed terms, these terms and conditions shall control.
The bid notice states that failure to meet the agreed upon product or services specifications entitles the university to cancel the PO or agreement, to reject some or all of the goods or services, to purchase replacement goods or services elsewhere and to charge the full increase, if any, in cost and handling to vendor, and to obtain from vendor a refund of all monies paid by the university. Payments made by the university to vendor shall not be deemed a waiver of the university's rights or remedies. In the event that the vendor fails to perform any obligation provided in these terms and conditions, the PO or the agreement, the university may notify the vendor in writing of such failure and demand that the same be remedied within ten 10 days. Should the vendor fail to remedy the same within said period, the university shall then have the right to immediately terminate the PO or agreement without penalty or further obligation and exercise any rights and remedies available to it by law or in equity. Additionally, upon vendor's failure to remedy as provided above, the university may, without prejudice to any other rights or remedies available to the university, terminate the PO or agreement, in whole or in part, and procure the goods and/or services elsewhere and charge to vendor all costs exceeding the price set forth in the PO or agreement.
