The following terms and conditions apply to purchases made by Fanshawe College:
- By the acceptance of an Order from Fanshawe College the Supplier accepts all terms and conditions contained herein. These terms and conditions supersede and take precedence over any and all previous verbal or written arrangements in connection with the Order. Any deletions, modifications, alterations of, or additions to the terms and conditions of the Order must be in writing and signed by both the Supplier and Fanshawe College (hereafter called Fanshawe).
- All invoices must be addressed and forwarded to:
1001 Fanshawe College Blvd. PO Box 7005
London, Ontario N5Y 5R6
Electronic invoices must be sent to the following email address: PAP@fanshawec.ca
- All invoices, customs documentation, bills of lading and packing slips must have the complete Purchase Order number noted, and packing slips must accompany all shipments.
- Payment will be made in Canadian funds Net 30 days from invoice receipt or satisfactory delivery of goods or services, whichever is later, unless otherwise noted on the Purchase Order. Cash discounts are calculated from the date of receipt of invoice.
- The price on the Purchase Order is the total cost and includes all fees and charges of any kind unless otherwise stated on the Purchase Order.
- All applicable taxes are specified on the Purchase Order.
- All electrical or electronic components and equipment supplied under this Purchase Order shall be approved in accordance with the Ontario Electrical Safety Code and must be certified for the intended use of the equipment in Canada by a Certification Organization accredited with the Standards Council of Canada Act. It is the Supplier's responsibility to obtain CSA certification, ULC labels and approvals or equivalent, or arrange and pay for an inspection by Ontario Hydro Electrical Safety Authority, special inspections division.
Any modifications and associated costs required to meet applicable standards are the responsibility of the Supplier.
- All goods must be packaged and transported in accordance with all applicable regulations.
- Material Safety Data sheets (MSDS) and appropriate labels must accompany all hazardous products as defined under the federal Hazardous Products legislation and provincial WHMIS legislation. Dangerous goods shall be shipped only in compliance with Canadian Transportation of Dangerous Goods (TDG) Regulations, 49 CFR U.S. Hazardous Materials Regulations, and all other environmental laws, rules, regulations and procedures, where applicable.
- Suppliers outside Canada shall provide Canada Customs invoices with fully completed, acceptable shipment documentation to the Fanshawe customs broker as noted on the Purchase Order.
- All goods and services shall be delivered in accordance with the delivery dates specified, the quantities specified and the requirements of this Purchase Order and attached specifications if any. Failure to deliver or install in the quantities and with the specifications described on the delivery dates specified shall entitle Fanshawe at its sole option to cancel any portion or all of the shipment without liability or cost, in addition to any other rights of Fanshawe.
- All goods under this Purchase Order are subject to inspection and approval, following delivery for a period of not less than sixty (60) days notwithstanding prior payment. In the event any goods are rejected by Fanshawe, such goods shall be returned at the Supplier's expense and the Supplier shall credit Fanshawe accordingly within fifteen (15) days of return of the rejected goods.
- The Supplier warrants that any goods, materials, or equipment supplied pursuant to this Purchase Order are new, unused, free of defects or deficiencies in design, materials or workmanship, conforming to all manufacturer's and Fanshawe's specifications and are fit for their ordinary purpose, unless Fanshawe has made a particular purpose known to the Supplier, in which event the goods shall be fit for that particular purpose as well.
- In addition to Fanshawe's rights at law, of this Purchase Order, and any other Supplier warranties, and regardless of prior payment, the Supplier shall, at its own expense, replace any goods or parts thereof or redo any services which become defective or unusable as a result of faulty manufacture, design, material or workmanship for a period of one (1) year from date of delivery or installation (whichever is later).
- In the event of any breach of warranty at law or pursuant to this Purchase Order by the Supplier, at any time during the warranty period, the Supplier shall, at Fanshawe's option, repair the goods, materials or equipment or replace same with an equivalent or better product at no additional cost to Fanshawe within fifteen (15) days of Fanshawe's notification to do so.
- For all services delivered pursuant to this Purchase Order, the Supplier and its approved Subcontractors (if any) shall:
- Perform all work to the full satisfaction of Fanshawe;
- Obtain and maintain full and adequate insurance covering performance of the work, which shall be available to Fanshawe upon their request;
- Obtain and maintain Worker's Safety Insurance Board (WSIB) coverage and provide both WSIB number and proof of satisfactory standing to Fanshawe upon request;
- Fully comply with all applicable policies and rules of Fanshawe including conflict of interest policies.
- All goods and services provided pursuant to this Purchase Order shall be in strict compliance with all laws, regulations, codes and standards of Canada, at the sole cost of the Supplier.
- The Supplier shall indemnify and save harmless Fanshawe, its directors, employees, students and agents from and against all actions, suits, claims, damages, causes of action, demands, penalties, fines, cost and expenses including legal fees or other proceedings of any kind or nature directly or indirectly arising out of performance of the work or supply of the goods, including but not limited to personal injuries to anyone, breach or alleged breach of intellectual property laws, environmental non-compliance, product liability and property damage.
- The Supplier many not assign or subcontract the items described in the Purchase Order or any subsequent contract arising therefrom without the prior written consent of Fanshawe.
- These standard terms and conditions are meant to supplement but not supersede the terms and conditions of any competitive bid document, contract or agreement. In the event of a conflict or inconsistency, the terms and conditions of the competitive bid document contract or agreement, will govern.