| Purchase
Order Terms and Conditions
Failure on the part of the vendor to comply with all of the following
terms and conditions will relieve EVMS of any payment obligations.
Furthermore, EVMS may elect at our discretion to return all or part of
products and equipment shipped against this order. The vendor issued on
the purchase order will be responsible for any cost (postage, freight,
restocking charges, etc.) Associated with such a return. This includes
returns to third party direct manufacturers.
- All orders are by purchase order
only. Vendor should maintain a copy of the purchase order for his
records in case of variances.
- Items are not to be substituted or
changed without written authority from EVMS by a change order
(revised PO) being issued.
- Quantities and dollars are not to
exceed those indicated without a change order (revised PO) being
issued. EVMS will not accept overages or duplication in shipments.
- Goods and services delivered must
be strictly in accordance with documents referred to and shall not
deviate in any way from terms, conditions or specifications of the
contract. Equipment, materials and/or supplies delivered on this
order shall be subject to inspection and test upon receipt. If
rejected, those items shall remain the property of the vendor.
- Freight is “FOB destination”
unless otherwise specified. The medical school accepts title only
when goods are received and accepted regardless of the FOB point.
Delivery by the vendor to a common carrier does not constitute
delivery to the medical school. Any claim for loss or damage
incurred during delivery is between the vendor and the carrier.
- In the absence of other
contractual terms, payment term shall be “Net 30 Days” after receipt
of proper invoice, or material/service, whichever is later.
- If discount for prompt payment is
allowed, the discount period will begin on the date of receipt of
proper invoice, or material/service, whichever is later.
- Term of contract exceeding the
normal 12-month period (July 1 – June 30) is considered multi-year
and are subject to availability of funds.
- Orders or contracts may be
canceled, in whole or in part, without a vendor’s consent due to
convenience. There are no additional costs or financial obligations
to the medical school upon termination for convenience. The medical
school also reserves the right to cancel all contracts with any
vendor, which fails to perform for any one contract.
- In case of default by the
successful contractor, or failure to deliver the goods/services
ordered by the time specified, EVMS after due notice (oral or
written), may procure them from other sources and hold vendor
responsible for any excess cost occasioned thereby.
- Vendor cannot assign a contract in
whole or in part without the prior written consent of the medical
school.
- Vendor, by acceptance of the
purchase order, confirms that the company and any subcontractors
involved has obtained and will maintain the insurance required by
law to perform the type of work required during the entire term of
the contract. This includes workers’ compensation – statutory
requirements and benefits, employer’s liability - $100,000,
commercial general liability - $500,000 combined single limit,
automobile liability - $500,000 combined single limit, professional
liability/errors and omissions insurance coverage.
- Vendor, by acceptance of the
purchase order, confirms that the company and subcontractors
involved in construction or facility improvements exceeding $100,000
will provide the following:
- A bid guarantee equivalent to
five percent of bid price as assurance that the bidder upon
acceptance of his bid, execute such contractual documents as may
be required within the time specified.
- A performance bond on the part
of the contractor for 100 percent of the contract price to
secure fulfillment of all the contractor’s obligations under
such contract.
- A payment bond on the part of
the contractor for 100 percent of the contract price to assure
payment as required by statute of all persons supplying labor
and material in the execution of the work provided for in the
contract.
- Bonds shall be obtained from
companies holding certificates of authority as acceptable
sureties pursuant to 31 CFR Part 223, “Surety Companies Doing
Business with the United States.”
- Vendor, by acceptance of the
purchase order, confirms that the company is properly licensed and
registered and has obtained the necessary permits to perform
services as required by state statutes and any related regulatory
agencies.
- Vendor, by acceptance of the
purchase order, confirms that during the performance of any contract
on EVMS property, the contractor agrees to provide, notify their
employees of, and enforce a drug-free workplace.
- Vendor, by acceptance of the
purchase order, confirms that the product(s) furnished meets all
applicable safety standards of the Commonwealth of Virginia.
- Vendor, by acceptance of the
purchase order, confirms that the company is in compliance with the
Civil Rights Act of 1964, as amended as well as the Virginia Fair
Employment Contracting Act of 1975 as amended, where applicable.
- Vendor, by acceptance of the
purchase order, confirms that the company is not on the Department
of Health And Human Services (HHS) and Office of Inspector General’s
(OIG) monthly list of excluded individuals/entities from providing
medical services and supplies to Medicare, Medicaid or other federal
health-care program participants.
- Vendor, by acceptance of the
purchase order, confirms that should the company perform work which
requires it to have access to EVMS protected health information
(PHI), it will ensure the integrity and confidentiality of PHI;
protect against any reasonably anticipated threat or hazards to the
integrity or confidentiality of PHI; and ensure compliance by their
officers and employees in addition to any other guidelines
pertaining to business associates as mandated by the Health
Insurance Portability And Accountability Act of 1996 (HIPAA).
- Vendor, by acceptance of the
purchase order, confirms that EVMS shall have access to any books,
documents, papers and records of the contractor which are directly
pertinent to a specific program for the purpose of making audits,
examinations, excerpts and transcriptions as required.
- Vendor, by acceptance of the
purchase order, confirms that the company’s products and/or services
are in compliance with the Information Technology Access Act. Va.
Code 2.1-811 as it is applicable regarding information technology
contracts.
- Vendor, by acceptance of the
purchase order / contract, confirms that the company is in
compliance with the following federal guidelines as applicable:
- Equal employment opportunity
- Copeland “Anti-Kickback” Act
(18 U.S.C. 874 and 40 U.S.C. 276c)
- Davis-Bacon Act, as amended
(40 U.S.C. 276a to a-7)
- Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-333)
- Rights to inventions made
under a contract or agreement
- Clean Air Act (42 U.S.C. 7401
et seq.) And the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.) as amended
- Byrd Anti-Lobbying Amendment
(31 U.S.C. 1352)
- Debarment and Suspension (E.O.
12549 and E.O. 12689)
- Immigration Reform and Control
Act of 1986 (8 U.S.C. 1101 note)
- This purchase order / contract
shall be governed in all respects, whether as to validity,
construction, capacity, performance, or otherwise in accordance with
the laws of the Commonwealth of Virginia. This includes settlement
of all disputes.
- Vendor, by acceptance of the
purchase order, confirms that in the event of any inconsistency
between the terms and conditions stated on this purchase order and
any referenced contract or agreement, the provisions of this
purchase order shall control.
- EVMS is classified as an
educational institution and is declared to be a public body and
constituted as a governmental instrumentality for the dissemination
of education in the Commonwealth of Virginia. Va. code 23-14. Thus
it may participate as an authorized user of state contracts. Va.
Code 2.2-4304.
- EVMS does not discriminate against
faith-based organizations in accordance with the Code of Virginia,
Section 11-35.1, or against a bidder or offeror because of race,
religion, color, sex, national origin, age, disability, or any other
basis prohibited by state law relating to discrimination in
employment.
- EVMS is exempt from all personal
property and other similar taxes and governmental charges associated
with the ownership and daily rental of equipment. Va. Code 58.1-3606
and 58.1-3510.1.
- Deliveries against this order must
be free of any excise or transportation taxes.
- EVMS is exempt from sales tax.
Federal # 54-6055378,
State # 000390891-7.
- All controlled substances must be
shipped directly to license holder as indicated on the ship to
address of this purchase order. Do not ship to Materials Management
Attn: Central Receiving at 714 Woodis Avenue, Norfolk, VA 23510. If
shipment arrives not addressed directly to license holder’s
location, vendor will be responsible for any returns and cost
associated as a result of the incorrect shipment.
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