Loyola University Chicago

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Loyola University Chicago

Purchasing

Pre-Qualified Supplier Agreement (PSA)

General Terms and Conditions

A.  At any time during the performance period of this Agreement, any Loyola University of Chicago (hereinafter “University”) authorized buyer or ProCard Cardholder (hereinafter “release agent”) may purchase any of the services or materials covered by this Agreement, under the same terms and conditions, by referencing this Agreement.

B.  Individual releases shall be implemented by Pre-Qualified Supplier upon receipt of a telephone call, electronic on-line order, or written purchase order or release (departmental purchase against the PSA) issued by University's authorized release agent. The releases may be identified by number and Pre-Qualified Supplier shall reference that number and this Agreement on its individual packing sheets and invoices. The Agreement may specify an alternate means for releasing and coordinating service requirements.

C.  This Agreement does not constitute a requirements or exclusive dealing type contract. The University, at its sole discretion, may or may not award multiple agreements and may or may not compete any requirement.

D.  The parties hereto recognize and agree that University's needs from time to time fluctuate widely. Pre-Qualified Supplier agrees that University has made no representation, warranty, guarantee, or commitment that University will purchase any minimum quantity of products or services under this Agreement. Pre-Qualified Supplier further agrees that any inventories, residual or otherwise, which Pre-Qualified Supplier may establish or which may otherwise arise from Pre-Qualified Supplier's performance under this Agreement shall be at the sole risk and responsibility of Pre-Qualified Supplier and that University has made no representation, warranty, guarantee, or commitment that University will be obligated to purchase all or any part of any such inventories. Performance beyond any limitations established in this Agreement or any release hereunder (either financial limitations or the term of the Agreement) shall be at the sole risk of the Pre-Qualified Supplier, and University shall have no obligation to pay for items or services which exceed funding or contract terms specified in this Agreement or any release.

E.  In the event that Pre-Qualified Supplier increases/reduces prices or increases/reduces discounts during the period of this Agreement, Pre-Qualified Supplier shall notify University of such adjustments and University shall have the right to modify this Agreement or any release hereunder to make such adjustments as of the date adjustments were made effective by the Pre-Qualified Supplier.

F.  Pre-Qualified Supplier represents and warrants that the prices set forth in this Agreement or any prices which it may charge under this Agreement do not and will not violate any federal, state, county, or municipal law or regulation relative to price discrimination, price fixing, or price stabilization. Pre-Qualified Supplier agrees to indemnify, exonerate, and hold University harmless from any such violations.

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J.  The terms and conditions contained in this PSA General Terms & Conditions shall be supplemented by the terms and conditions in the “General Terms & Conditions and Instructions for Purchases”, Attachment B.

 

Loyola

1032 W. Sheridan Rd., Chicago, IL 60660 ยท 773-274-3000

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