Purchase Order Terms and Conditions
- The University is responsible only for purchase orders (herein referred to as PO) issued by Trent University Purchasing Department and issued as the University’s PO form with authorized signature. The terms and conditions of PO represent the agreement between the University and Supplier.
- PO number must appear on all bill of landing and packing slips, packages, correspondence, customs documentation and invoices. Each shipment to include a packing slip in an envelope affixed to the outside of the package or to state packing slip inside.
- Trent University shall pay the Supplier in Canadian funds net thirty (30) calendar days from the date of the invoice, unless otherwise agreed to by the University. Payment will be made: (i) following receipt and acceptance of deliverables; (ii) upon receipt by University of the Supplier’s invoice indicating PO number and itemized description of deliverables provided in accordance with the PO. University shall have the right to withhold payment of any invoiced amounts that are disputed in good faith until the parties reach an agreement with respect to such disputed amounts and such withholding of disputed amounts shall not be deemed a breach of this Agreement nor shall any interest be charged on such amounts. Supplier shall itemize all applicable taxes. Applicable discounts shall be calculated from the date of invoice. Invoices to be forwarded to email@example.com. The University is not responsible for non-payment or late payment of invoices sent to an address other than the one indicated in PO or for incorrect or incomplete invoices.
- Substitution or modifications to the conditions of PO will not be accepted without prior written authorization from the University. The University may, in writing, request changes to the PO, which may include altering, adding to, or deleting any of the Deliverables. The Supplier shall comply with all reasonable University change requests.
- Time shall be of the essence. Supplier shall provide the deliverables in accordance to the specifications, descriptions and warranties set forth in PO. The University reserves the right to reject and cancel any portion of the PO in the event of failure to deliver and to procure the deliverables from other Suppliers to furnish the deficiency.
- The Supplier represents and warrants that the deliverables are free against defects or deficiencies in material, workmanship and design and shall be provided fully and diligently in a professional and competent manner. The Supplier agrees to replace defective or deficient deliverables at no charge to the University within fifteen (15) days of the University’s notification of breach. The Supplier covenants that the deliverables are warranted for a period of not less than one (1) year from date of delivery, unless otherwise stated.
- Suppliers performing a service on University property must comply with all applicable policies, procedures, guidelines and rules of the University. Suppliers are required to comply with and maintain Worker’s Safety Insurance Board coverage and adequate commercial general liability insurance covering performance of work, and maintained at its own cost. University may require minimum liability coverage depending on circumstances. If requested, the University will be named as an additional insured under any such policy. Proof of coverage shall be provided to University upon request. Supplier shall ensure compliance with Accessibility for Ontarians with Disability Act (AODA).
- Supplier warrants to University that all Deliverables will not be in violation of or infringe any Intellectual Property Rights of any person.
- The Supplier shall not hold itself out as an agent, partner or employee of the University.
- The Supplier hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, (collectively, “Claims”), by whomever made, sustained, incurred, brought or prosecuted, including for breaches of confidentiality or privacy or Intellectual Property rights or third party bodily injury (including death), personal injury and property damage, in any way based upon, occasioned by or attributable to anything done or omitted to be done by the Supplier, its subcontractors or their respective directors, officers, agents, employees, partners, affiliates, volunteers or independent contractors in the course of performance of the Supplier’s obligations under, or otherwise in connection with, the PO. The Supplier further agrees to indemnify and hold harmless the Indemnified Parties for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, by any person, entity or organization, including, without limitation, the University, claimed or resulting from such Claims.
- Electrical components and equipment must have CSA and/or Ontario Electrical Safety Code approval and be certified for the intended use in Canada by a certification organization accredited with the Standards Council of Canada Act.
- Material Safety Data Sheets (MSDS) and appropriate labelling must accompany all hazardous products.
- Goods shall be FOB Trent Loading Dock or such other location as may be specified in the PO. No transportation or delivery charges of any kind, including, without limitation, packing, boxing, storage, cartage or customs brokerage charges, shall be paid by the University, unless specifically agreed by the University in writing. The Deliverables will remain at the risk of the Supplier until the deliverables are received by the University. The deliverables are subject to the University’s inspection and acceptance within a reasonable period of time after delivery. If any of the deliverables are inadequately provided or require corrections, the Supplier shall make the necessary corrections at its own expense as specified by the University.
- PO shall not be assigned or sublet in whole or in part without the written approval of the University.
- The terms and conditions of this PO is meant to supplement but not supersede the terms and conditions of any competitive bid document or agreement.
- Documentation to be drawn up in English.
- PO is governed by and construed in accordance with the laws of the Province of Ontario and federal laws of Canada applicable therein.