Vendor Terms and Conditions

Vendor and Bid Information

TERMS AND CONDITIONS

This contract expresses the complete agreement of the parties and performance shall be governed solely by the specifications and requirements contained herein. Any change must be accomplished by a formal signed amendment prior to the effective date of such change.

 

INVOICING AND PAYMENT

  1. Lincoln University does not pay state or federal taxes unless otherwise required under law or regulation.
  2. Each invoice submitted must be itemized in accordance with items listed on the purchase order and/or contract.
  3. The contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without the prior written consent of the University.
  4. Payment for all equipment, supplies, and/or services required herein shall be made in arrears. Lincoln University shall not make any advance deposits.
  5. Lincoln University assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the University's rejection and shall be returned at the contractors expense.
  6. All invoices for equipment, supplies, and/or services purchased by Lincoln University shall be subject to late payment charges as provided in Section 34.055 RSMO.

 

DELIVERY

Time is of the essence. Deliveries must be made no later than the time stated or within a reasonable time if a specific time is not stated.

 

INSPECTION AND ACCEPTANCE

No equipment, supplies, and/or services received by the University shall be deemed accepted until the University has had reasonable opportunity to inspect said equipment, supplies, and/or services.

  1. All equipment, supplies, and/or services which are unacceptable or defective may be rejected. In addition, all equipment, supplies, and/or services which are discovered to be defective, or which do not conform to any warranty of the contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.
  2. Lincoln University reserves the right to return any such rejected shipment at the contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received. Lincoln University's.right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal, equitable or contractual remedies the University may have.

 

WARRANTY

The contractor expressly warrants that all equip­ment, supplies, and/or services provided shall:

  1. conform to each and every specification, drawing, sample or other description,
  2. be fit and sufficient for the purpose intended,
  3. be merchant­ able,
  4. be of good materials and workmanship, and
  5. be free from defect. Such warranty shall survive delivery and shall not be deemed waived either by reason of the University's acceptance of or payment for said equipment, supplies, and/or services.

 

APPLICABLE LAWS AND REGULATIONS

  1. The contract shall be construed according to the laws of the State of Missouri. The contractor shall comply with all local, state, and federal laws and regulations related to the performance of the contract.
  2. The contractor must be registered and maintain good standing with the Secretary of State of the State of Missouri and other regulatory agencies, as may be required by law or regulations.
  3. The contractor must timely file and pay all Missouri sales, withholding, corporate and any other required Missouri tax returns and taxes, including interest and additions to tax.