UNIVERSITY OF VIRGINIA

Purchasing Terms & Conditions

  1. This purchase made by the University of Virginia (the University) is governed in all respects by the laws of the Commonwealth of Virginia, and any supplier or contractor providing goods or services to the University assures the Commonwealth it is conforming with Section 2.2-4311, "Employment Discrimination by Contractor Prohibited," of the Virginia Public Procurement Act. This purchase is also subject to the provisions of the "Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and Their Vendors", and the University's Procedure for Resolution of Contractual Claims. Copies of both this manual and procedure can be obtained by calling Procurement Services at 434-924-4212. The supplier or contractor, its agents and employees are prohibited under the terms of this purchase from manufacturing, distributing, dispensing, possessing, or using any unlawful or unauthorized drugs or alcohol while on University property.
  2. Sales to the University are normally exempt from State taxes. Invoices resulting from this purchase will be free of Federal excise and transportation taxes. The Commonwealth's excise tax exemption registration number is 54-6001796. State sales and use tax certificate of exemption form ST-12 will be issued upon request.
  3. If a cash discount for early payment can be taken by the University, that cash discount is specified on the order. The University will compute cash discounts from the date of delivery of goods at destination after final inspection and acceptance, from the date of completion of services, from the date the correct invoice is received, whichever is later, or as may be agreed between the University and the supplier or contractor. The University will take the cash discount if payment is made within the specified time frame.
  4. The supplier or contractor may make substitutions, changes or deviations only with the prior approval of the ordering individual.
  5. By accepting and performing this order, the vendor agrees that the price(s) include(s) shipping FOB destination unless otherwise stated in the order.
  6. Goods delivered or services rendered must be strictly in accordance with the order placed and cannot deviate in any way from the terms, conditions or specifications of this order without the prior approval of the ordering individual. Equipment, materials, or supplies delivered on this order are subject to inspection and test upon receipt. If rejected, goods remain the property of the supplier.
  7. The supplier must provide a current Material Safety Data Sheet (MSDS) on each delivered product containing any substance defined or described by United States Federal Hazard Communication Standard 1910.1200. MSDS's should be sent to Department of Environmental Health and Safety, University of Virginia, P.O. Box 400322 Charlottesville, VA 22904-4322.
  8. To receive payment, a valid University of Virginia Purchase Order Number must be shown on all invoices and shipments associated with a Purchase Order or Limited Purchase Order.
  9. Payment will not be made until an authorized agent of the vendor has registered the firm with University of Virginia Procurement Services. Vendor Registration form can be found at http://www.procurement.virginia.edu/main/forms/Forms.html.
  10. Unless prearranged by the University of Virginia Department of Procurement Services, all payments will be NET 30. Payments will be issued 30 days from the date the goods were received by the ordering department, or 30 days from the date a valid original invoice is received in Procurement Services, whichever is later.
  11. Payments will be made from original invoices only. Payments will not be made from photocopies or facsimile copies unless the invoice is over 30 days past due, and Procurement Services has authorized the exception.
  12. The University will own all rights, title and interest in any and all intellectual property rights created in the performance or otherwise arising from this purchase, and supplier or contractor will execute any assignments or other documents needed for the University to perfect such rights, provided that, for research collaboration pursuant to subcontracts under sponsored research agreements administered by the University's Office of Sponsored Programs, intellectual property rights will be governed by the terms of the grant or contract to the University to the extent such grant or contract requires intellectual property terms to apply to subcontractors.
  13. The health information of patients is strictly regulated by the Health Insurance Portability and Accountability Act ("HIPAA") and the corresponding Privacy and Security regulations in 45 C.F.R. Parts 160, 162 and 164 ("HIPAA Regulations"). If the supplier or contractor providing goods or services to the University will receive, create, or come into non-incidental contact with patients' Protected Health Information as that term is defined in 45 C.F.R. § 160.103 (individually identifiable health information of patients of the University of Virginia), the supplier or contractor is a Business Associate, and agrees to abide by the terms and conditions of the Business Associate Addendum, as posted at http://www.procurement.virginia.edu/main/departments/BusinessAssociatedAd.doc.
  14. If eVA-registered, vendor agrees, by accepting and performing this order, that it is subject to an eVA Transaction Fee based on the face amount of the order, for which vendor will be invoiced by the Commonwealth of Virginia, Department of General Services. The eVA Transaction Fee to vendors that are DMBE-certified Small Businesses is 1%, capped at $500 per order, and the eVA Transaction Fee to vendors that are not DMBE-certified Small Businesses is 1%, capped at $1,500 per order. (The DMBE certified Small Business designation is understood to include DMBE-certified Woman- and Minority-owned Businesses as well.) Vendors may not recoup the eVA fee by invoicing the University for the fee.

    Additional information about eVA is available at http://www.eva.virginia.gov.
  15. It is the intent of this purchase to allow for cooperative procurement. Accordingly, any public body, public or private health or educational institution, or any University related foundation may access this purchase if authorized by the Supplier.

    Participation in this cooperative procurement is strictly voluntary. If authorized by the Supplier, this purchase may be extended to the entities indicated above to purchase at fees in accordance with this purchase. The Supplier will notify the University in writing of any such entities accessing this purchase. No modification of this Agreement or execution of a separate agreement is required to participate. The Supplier will provide semi-annual usage reports for all entities accessing this purchase. Participating entities will place their own orders directly with the Supplier and will fully and independently administer their use of this purchase to include contractual disputes, invoicing and payments without direct administration from the University. The University will not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Supplier to extend this purchase. It is understood and agreed that the University is not responsible for the acts or omissions of any entity, and will not be considered in default of this purchase no matter the circumstances.

    Use of this purchase does not preclude any participating entity from using other agreements or competitive processes as the need may be.
Last modified: Thursday, 06-Dec-2007 11:43:10 EST