TERMS AND CONDITIONS
1. ACCEPTANCE: Seller shall be bound by this Order and its terms and conditions upon receipt of this Order. This Order expressly limits acceptance
to the terms and conditions stated herein. Additional or different terms proposed by the Seller are objected to and are hereby rejected, unless
otherwise provided for in writing by the Buyer and approved by the Attorney General.
2. APPLICABLE LAW: The laws of the State of West Virginia and the Procedural Rules of the Governing Board having jurisdiction shall govern all
rights and duties under the Contract, including without limitation the validity of the Purchase Order/Contract.
3. ASSIGNMENT: Neither this Order nor any monies due, or to become due hereunder, may be assigned by the Seller without the Buyer’s consent.
4. BUYER: For the purposes of these Terms and Conditions, the “buyer” means the institutional purchasing goods and services for which a Purchase
Order has been lawfully issued to the Seller.
5. CANCELLATION: The Buyer may cancel any Purchase Order/Contract upon 30 days written notice to the Seller.
6. COMPLIANCE: Seller shall comply with all federal, state and local laws, regulations and ordinances including, if applicable.
7. DELIVERY: For exceptions to the delivery date as specified in the Order, the Seller shall give prior notification and obtain the approval of the
Buyer. Time is of the essence of this Order and it is subject to termination by the Buyer for failure to deliver on time.
8. DISPUTES: Disputes arising out of the agreement shall be submitted to the West Virginia Claims Commission.
9. HOLD HARMLESS: The Buyer will not agree to hold the Seller or any other party harmless because such agreement is not consistent with state
law.
10. MODIFICATIONS: This writing is the parties final express of intent. No modification of this Order shall be binding unless agreed to in writing by
the Buyer.
11. NON-FUNDING: All services performed or goods delivered under this Purchase Order/Contract are to be continued for the terms of the Purchase
Order/Contract, contingent upon funds being appropriated by the Legislature or otherwise being made available. In the event funds are not
appropriated or otherwise available for these services or goods, this Purchase Order/Contract becomes void and of no effect after June 30.
12. ORDER NUMBERS: Contract Order numbers or Purchase Order numbers shall be clearly shown on all acknowledgements, shipping labels,
packing slips, invoices and correspondence.
13. PAYMENTS: Payments may only be made after the delivery of goods and services.
14. RENEWAL: The Contract may be renewed only upon mutual written agreement of the parties.
15. REJECTION: All goods or materials purchased herein are subject to approval of the Buyer. Any rejection of goods or materials resulting in
nonconformity to the terms, conditions or specifications of this Order, whether held by the Buyer or the Seller, will be at the Seller’s risk
and expense.
16. SELLER: For the purposes of these Terms and Conditions, the “Seller” means the vendor whose quotation, bid, proposal or expression of interest
has been accepted and has received a lawfully issued purchase order from the Buyer.
17. SHIPPING, PACKING, BILLING & PRICING: Unless otherwise stated, all goods are to be shipped prepaid, FOB Destination. NO charges will be
allowed for special handling, packing, wrapping, bags, containers, etc., unless otherwise specified. All goods and services shall be shipped on or
before the date specified on this Order. Prices are those that are stated in this Order. No price increase will be accepted without written authority
from the Buyer.
18. TAXES: The State of West Virginia (the Buyer) is exempt from Federal and State taxes and will not pay or reimburse such taxes.
19. TERMINATION: In the event of a breach by the Seller of any of the provisions of this contract, the Buyer reserves the right to cancel and
terminate this contract forthwith upon giving written notice to the Seller. The Seller shall be liable for damages suffered by the Buyer resulting
from the Seller’s breach of contract.
20. WARRANTY: The Seller expressly warrants that the goods and/or services covered by this order will: (a) conform to the specifications, drawings,
samples or other description furnished or specified by the Buyer; (b) be merchandise and fit for the purpose intended; (c) be free and clear of all
liens, claims and encumbrances of any kind; and/or (d) be free from defect in material and workmanship.
Any supplier furnishing items on this purchase order covered by a Material Safety Data Sheet must provide the MSDS
citing the purchase order number.
It is the policy of Fairmont State University to administer all University actions and procedures without regard to race,
color, age, religion, sex, national origin, disability, veteran’s status or sexual orientation as identified and defined by law.
The University neither affiliates knowingly with nor grants recognition to any individual, group, or organization, including
vendors that discriminate on the basis of any of the above.
Fairmont State University complies with the requirements of the nondiscrimination clauses set out by the Code of Federal
Regulations Title 41, Parts 60-1.4(a)(7) (equal opportunity clause), 60-250.4(m) (affirmative action for veterans), and 60-
741.4(f) (affirmative action for persons with disabilities).
