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Terms & Conditions

The procurement of goods and/or services will either contain the University Terms and Conditions or they will be incorporated by reference in the Purchase Order. Contracts resulting from orders shall be governed by the laws of California.

  • Changes
  • Assignment
  • Cancellation
  • Invoicing
  • Payment
  • Inspection and Acceptance
  • Liability
  • Defective and Not As Specified
  • Substitutions
  • Shipping, Routing, and Packing
  • O.S.H.A.
  • Force Majeure




No changes in any form of the terms, conditions, or other specifications of this order may be made without Buyer's consent.  Any expense incurred by unauthorized deviations will be charged back to the Vendor.



Shipments and billings made under any name other than Vendor
specified hereon must indicate who shipment is being made
through and will be subject to all instructions, terms and conditions
of the original order.

Purchase order number must be noted on all invoices and packing



Buyer reserves the right to cancel this order and return goods all
or part for failure to comply with any one or more of these

Goods put in transit after shipping dates specified without Buyer's
prior consent, at Buyers discretion may be refused or returned at
Vendor's expense including all transportation costs incurred.



Do not invoice until material is shipped.
Invoice in duplicate

Mail all invoices and statements to:

University of the Pacific
Attention Accounts Payable
3601 Pacific Avenue
Stockton, CA 95211

Itemize all charges separately and show unit cost for each item.
Catalogue or style numbers must be supplemented by proper
description of items to permit prompt identification.



Payment under this order does not constitute final acceptance of
goods or other charges and will be subject to deduction of any
valid claim arising from this or any other transaction.



The goods delivered or services performed are subject to
ACCEPTANCE inspection and approval by the Buyer prior to acceptance.
All goods not fully up to standard and not in compliance with
applicable specifications or warranties may at Pacific's option be
rejected and returned at Vendor's expense.

For services performed that are not to specification payment may
be withheld until the Buyer and the Vendor can reach an agreement.



Vendor warrants that goods furnished under this order will be
produced and forwarded in accordance with Federal, State and
other laws and regulations.

Vendor agrees to comply with "The Rules and Regulations,"
Federal Office of Contract Compliance, Department of Labor
As amended May 28, 1968 Publication 401 page 205, Chapter
60-1 Section 1.4 paragraph (b) "Equal opportunities clause."
During the performance of this contract vendor certifies he
does not now discriminate in any manner whatsoever, and will
not do so in the future.

Vendor agrees to protect, indemnify, save harmless, and defend
Buyer from all liability and expense for loss, damage, or injury
to persons or property arising in any manner out of or incident
to the performance of this contract.



Vendor expressly warrants that all items shipped under this order
AND NOT AS are free from defects, including latent defects.
SPECIFICED Defective items or items not specified shall be returned for credit
Replacement, repair, or refund as designated by the Buyer at
Vendor's expense including all transportation costs incurred.



Unauthorized substitutions will be made entirely at the Vendor's
risk, and will be returned without authorization at Vendor's
expense including all transportation and other costs incurred.



Goods must be shipped under proper description to take the
lowest possible transportation rate, and shall be packed
PACKING to conform with carrier requirements. Excessive transportation
charges resulting from improper description of goods,
and/or loss or damage from sub-standard packing will be
assumed by Vendor.

Shipment by freight of goods which may be damaged by
excessive heat or cold shall be so declared to provide
proper protection in transit, otherwise loss will be assumed by

Declarations of value made on freight shipments shall cover actual
value of content, otherwise Vendor will assume loss in excess
of declared valuation.



By acceptance of this purchase order through the commencement
of work authorized herein, the contractor agrees that the contractor
and subcontractors engaged by him for this work shall comply
will all the requirements of the Occupational Health and Safety
Act, and the regulations prescribed thereunder, and shall comply
with the safety requirements of all other relevant authorities
having jurisdiction in connection therewith.



If because of force majeure, either party is unable to carry
out any of its obligations under this contract, other than the
obligation to pay money due and if such party promptly
gives written notice of such force majeure then the
obligation shall be suspended to the extent made
necessary. The party giving such notice shall use their best
efforts to remedy such force majeure as soon as possible.

The term "force majeure" as used herein shall mean any causes
beyond control of the party affected, such as an act of God, riots,
strikes etc.

Upon the cessation of the force majeure event, that party that had
given original notice shall again promptly give notice to the other
party of the continuance of their obligations.


(Rev. 7/05)