Purchasing Terms & Conditions

Description

FOUR RIVERS SANITATION AUTHORITY GENERAL PURCHASE ORDER TERMS AND CONDITIONS 1. Applicability. (a) These terms and conditions of purchase (these “Terms”) are the only terms which govern the purchase of the goods (“Goods”) and services (“Services”) by “Buyer” or “Seller” from the Four Rivers Sanitation Authority (“Buyer”). Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of Goods and Services, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms. Further, these Terms are meant to supplement but not supersede the terms and conditions of any competitive bid document, contract or agreement. In the event of a conflict or inconsistency, the terms and conditions of the competitive bid document contract or agreement will govern. (b) The accompanying purchase order (the “Purchase Order”) and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of the Seller’s general terms and conditions of sale regardless of whether or when Seller has submitted its sales confirmation or such terms. This Agreement expressly limits Seller’s acceptance to the terms of this Agreement. Fulfillment of the Purchase Order constitutes acceptance of these Terms. 2. Delivery of Goods and Performances of Services. (a) Seller shall deliver the Goods in the quantities and on the date(s) specified in the Purchase Order or as otherwise agreed in writing by the parties (the “Delivery Date”). If no Delivery Date is specified, Seller shall deliver the Goods within 20 days of Seller’s receipt of Purchase Order. If Seller fails to deliver the Goods in full on the Delivery Date, Buyer may terminate this Agreement immediately by providing written notice to Seller and Seller shall indemnify Buyer against any losses, claims, damages, and reasonable costs and expenses directly attributable to Seller’s failure to deliver the Goods on the Delivery Date. (b) Seller shall deliver all Goods to either the Four Rivers Sanitation Authority Plant, 3333 Kishwaukee Street (Delivery time is 7:00 a.m. to 3:30 p.m.), the Four Rivers Sanitation Authority Graceffa Administration Building, 3501 Kishwaukee Street (Delivery time is 8:00 a.m.