Terms and Conditions of Purchase Order
1. Order not valid without P.O. number and authorized signature.
2. Merchandise acceptability subject to our inspection.
3. Overages and shortages subject to our rejection.
4. All drug, food and medical products, equipment and supplies (sterile and/or non-sterile) shall be guaranteed to be in conformity with the minimum current standards as set forth by various applicable state and federal agencies, rules and regulations or statues governing such products. Among these agencies and regulations (not to exclude others that currently exist or may be enacted) are:
A. The Federal Food Drug and Cosmetic Act.
B. Regulations of the Food and Drug Administrations.
C. The Controlled Substances Act. (DEA).
D. The Poison Prevention Packaging Act.
E. Standards established by:
a. United States Pharmacopoeia (USP)
b. National Formulary (NF)
c. U.S. Dispensatory (USD)
d. Department of Health, Education and Welfare (HEW)
e. Uniform Commercial Code (UCC)
F. The Good Manufacturing Practices Act.
5. Packaging list and invoices must be limited and conform in every respect to this order. Shipments to different locations of Buyer will be shipped separately as directed by Buyer.
6. Acceptance of this Purchase Order is expressly limited to acceptance of the terms and conditions herein contained, and said terms and conditions shall constitute the sole and exclusive contract between Buyer and Seller shall not be altered, amended, modified or rescinded, orally or by any other document, except by a written statement by authorized representatives of Buyer and Seller.
7. The goods shall conform to all warranties herein contained and to all warranties provided by law, and if Seller breaches any of the warranties or terms and conditions hereof, Buyer shall have all remedies provided by law.
8. Seller certifies and represents that in the performance of this order it will comply with the provisions of all applicable federal, state and local laws, regulations, rules and orders. Any provision which is required to be a part of this order by virtue of any such law, regulation, rule or order is incorporated herein by reference including, but not limited to, the following:
A. Executive Order 11246: EEO clause published at 41 CFR 60-1.4(a)
B. Executive Order 13465 (Employment Eligibility Verification); 73 FR 67704
C. Executive Order 13496 (Employee Rights Under National Labor Relations Act): 29 CFR 471, Appendix A to Subpart A
D. This contractor and subcontractor shall abide by the requirements of 401 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.
E. This contractor and subcontractor shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.