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Terms & Conditions

This Purchase Order is made upon and is subject to the following terms and conditions, all of which are accepted and agreed to by the Seller.

  1. This Purchase Order must be accepted in its entirety and without additions or revisions, and, when accepted, shall constitute terms of the contract between the parties, which can be modified only by writing signed by the University. No other terms or conditions shall be applicable, whether contained in Seller's inquiries, sales orders, other forms, or letters, unless in writing signed by an appropriate representative of the University. Commencement of performance pursuant to this Purchase Order constitutes acceptance hereof by the Seller.
  2. The University reserves the right to return, at the Seller's expense, all items not in accordance with the Purchase Order.
  3. This Purchase Order shall not bind the University for an amount in excess of that noted on the face hereof. In the event of an estimated price, the price last quoted or paid, or the prevailing market price, whichever is lower, shall prevail. Orders filled at prices in excess thereof may, at the University's option, be retained at invoice price or returned to the Seller, at Seller's expense.
  4. Risk of loss or damage to goods prior to the time of their receipt and acceptance by the University is the vendor's liability. F.O.B. Campus.
  5. Shipments shall be marked, Purchase Order Numbers shown, and invoices rendered as directed on the face hereof. The University will not be responsible for articles or services furnished without a Purchase Order Number.
  6. Seller shall notify Purchasing Department in advance if shipments cannot be made as promised. The University reserves the right to cancel all or any part of the order when shipment is not made as promised or ordered.
  7. Seller shall pay all payroll, excise, sales and use taxes imposed on or in respect to the furnishing of items under this Purchase Order. Generally, tangible personal property sold to the University is exempt from Nebraska sales and use taxes, and exemption certificates where applicable will be furnished by the University upon request.
  8. Seller agrees to indemnify the University against all loss and damage to the University's property and against all claims of others for personal injury or property damage arising out of Seller's performance and/or deliveries under this Purchase Order or arising out of installation of items furnished hereunder if such installation by Seller is required by the Purchase Order.
  9. Seller agrees to defend, protect, and save the University harmless from all claims and actions arising out of patent infringement.
  10. Seller agrees that all items sold to the University under this Purchase Order shall meet warranties of merchantability and fitness. In addition, Seller guarantees all items against defects in material and workmanship for a period of one year from delivery to the University.
  11. Seller agrees to comply with all statutes, regulations, executive orders, and other requirements of law regarding equal employment opportunity,  all of which are incorporated herein by reference and made a material part of this agreement and Purchase Order to the extent applicable.
  12. Unless stated otherwise on the face hereof, all shipping charges shall be prepaid by Seller, and no C.O.D. shipments will be accepted.
  13. Seller warrants that no article delivered hereunder is adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act or is an article which may not be, under provisions of Federal law, introduced into interstate commerce.
  14. Upon the happening of any one or more, the University shall forthwith have the unrestricted right to cancel and terminate the contract without cost or liability to Buyer:
    1. Seller's insolvency or inability to meet obligations as they become due;
    2. Filing of voluntary or involuntary petition of bankruptcy by or against Seller;
    3. Institution of legal proceedings against Seller by creditors or stockholders; and/or
    4. Appointment of a receiver for Seller by any court of competent jurisdiction.

The acceptance of goods or performance after the occurrence of any of the events above shall not affect the right of the University to cancel additional obligations.