NORTH CAROLINA BAPTIST HOSPITALS, INC.
Medical Center Blvd.
Winston-Salem, NC 27157
Purchase Order Terms and Conditions
- Shipments received prior to delivery date without previous approval may be returned or stored at sellers expense.
- Whenever an actual or potential labor dispute or any other cause is delaying or threatening to delay performance of this contract, seller will provide advanced notice.
- If seller fails to deliver within the time specified herein without written notification in advance and waiver of delivery terms by NCBH, then NCBH may at its option revoke and cancel the contract.
- No charges of any kind not appearing on the purchase orders will be accepted or paid by NCBH, this is excluding taxes and freight.
- Purchase order number must appear on all crates, packages, packing slips, invoices, and correspondence shipped or mailed to NCBH.
- All items shall be accompanied by assembly instructions and operating and service manuals as applicable.
- Items shipped in excess of quantity ordered will not be accepted and any over shipment may be returned at seller's expense.
- NCBH count will be accepted as conclusive on all shipments.
- The parts, material and workmanship of all items shall be subject to inspection, testing, and counting by NCBH. NCBH may reject for full credit or require prompt correction or replacement at sellers expense including transportation or any item defective in material or workmanship or otherwise not in conformity with the purchase order. All electrical parts must be UL listed or CSA listed.
- Year 2000 statement, supplier represents and warrants to purchaser that the products will: (A) store all date-related information and process all data interfaces involving dates in a manner that unambiguously identifies the century, for all date values before, during and after the year 2000. (B) Calculate, report and operate correctly for all impute date values before, during and after the year 2000. (C) Calculate, report and operate correctly regardless whether the current date is before, during or after the year 2000. (D) Report and display all dates with a four-digit date so that the century is unambiguously identified: and (E) Handle all leap years, including but not limited to the year 2000 leap year, correctly. Supplier further warrants that it has performed all necessary testing to ensure compliance with the foregoing warranty. The warranties in this paragraph will survive the termination or expiration of this agreement.
- The seller warrants the merchantable quality of the goods sold hereunder and that such goods shall be fit for the purposes for which they are purchased. Such warranty's shall be in addition to all express warranty's and shall run to the benefit of NCBH, it's employees and agents. The sellers period of warranty with respect to each item will be at least as long as that of the manufacturer of such item, and seller shall honor same.
- Seller agrees to indemnify and hold NCBH harmless from all claims and liability, including litigation expenses, from injuries to persons (including death) or damage to or destruction of property caused by or resulting from the negligence of seller, its' agents or employees, in performance with respect to this purchase order.
- This purchase order and the contract arising from shall be governed by the law of North Carolina.
- The equipment and material covered by this order must comply and conform to appropriate provisions and regulations of the Williams-Steiger Occupational Health and Safety Act of 1970.
- State Employees "right to know" laws and the OSHA Hazard Communications Standard (29CFR1910.`1022) require manufacturers, importers and suppliers to label containers or toxic substances or hazardous chemicals with the chemical name and applicable hazard warnings. Manufacturers, importers, distributors and suppliers also must provide material safety data sheets (MSDS) for these substances. Appropriate labels and MSDS's are to be provided for all shipments.
In accordance with section 952 of PL96-49 (also known as the omnibus reconciliation act) the vendor agrees to provide the secretary of Health and Human Services (or his/her duly authorized representative) with access to the contracts, books, documents and records of this transaction. It is understood that the afore mentioned material will be available upon request for a period of up to four (4) years following this contract.