GENERAL: These Standard Terms and Conditions are incorporated by reference in each Purchase Order (PO) issued by the University, and are agreed to by both vendor and the University, provided that any Special Terms and Conditions included in the University’s PO take precedence over these Standard Terms and Conditions. No additional terms and conditions of this contract shall be accepted without the written consent of the University. In the event of a conflict between the terms and conditions offered by the University, and any terms provided by vendor, the University terms and conditions shall control.

PRICES: In case of errors in extension, unit prices shall govern.

DISCOUNTS: All cash discounts offered will be taken if earned.

TAXES: The University is NOT exempt from paying sales or use taxes, except on those items and/or purchase transactions that are specifically exempted by law. When applicable, state sales tax must be itemized on invoices.

ANTITRUST ASSIGNMENT: The vendor named on this PO, acting herein by the authorized individual, its duly authorized agent, hereby assigns, sells and transfers to the University all rights, title and interest in and to all causes of action it may have under the antitrust laws of the United States or this State for price fixing, which causes of action have accrued prior to the date of this assignment and which relate solely to the particular goods or services purchased or produced by the University pursuant to this contract.

GUARANTY: All items shall be newly manufactured, in first class condition, latest model and design, including where applicable, containers suitable for the shipment and storage, unless otherwise indicated. Vendor hereby guarantees that everything furnished hereunder will be free from defects in design, workmanship and material; that if sold by drawing, sample or specification, it will conform thereto and will serve the function for which furnished hereunder. Vendor further guarantees that if the items furnished hereunder are to be installed by the vendor that such items will function properly when installed. Vendor also guarantees that all applicable laws have been complied with relating to construction, packaging, labeling and registration. Vendor's obligations under this paragraph shall survive for a period of one (1) year from date of delivery, unless otherwise specified herein.

BACKORDERS OR DELAY IN DELIVERY: Backorders or failure to deliver within the time required may, at the sole discretion of the University, be construed as an act of default of the contract. Vendor must give written notice to the University Procurement Services Department of the reason for any such delay and the expected delivery date. The University’s Procurement Services Department has the right to extend the date of delivery if vendor’s reasons for delay appear valid and the vendor’s expected delivery is acceptable. However, if either vendor’s reason for delay or expected delivery date is deemed unacceptable by the University, vendor shall be in default and the University may exercise any and all remedies available under law, including but not limited to remedies involving the procurement of goods or services from another vendor.

DELIVERY REQUIREMENTS: No substitutions or cancellations are permitted without approval of the Procurement Services Department. Delivery shall be made during normal work hours only, 8:00 a.m. to 4:30 p.m. Eastern Standard Time (closed Saturday, Sunday and University Holidays), unless prior approval for other delivery has been obtained. Packing list shall be enclosed with each shipment, listing the University Purchase Order number. No central receiving is available. Items should be shipped to the "Ship-To" address listed on the purchase order.