Terms & Conditions

  1. GENERAL: Any Special Terms and Conditions included with the Purchase Order (PO) override these Terms and Conditions.
  2. PRICES: In case of error in the extension of prices in the bid, the unit price will govern. Vendor must receive approval from Procurement Services prior to delivery when actual prices are higher than those stated on the purchase order.
  3. DISCOUNTS: All cash discounts shall be applied to accompanying invoice.
  4. TAXES: The university is subject to Arkansas sales tax.
  5. DISCRIMINATION: In order to comply with the provisions of Act 954 of 1977, relating to unfair employment practices, the vendor agrees as follows: (a) the vendor will not discriminate against any employee or applicant for employment because of race, sex, color, age, religion, handicap, or national origin; (b) in all solicitations or advertisements for employees, the vendor will state that all qualified applicants will receive consideration without regard to race, color, sex, age, religion, handicap, or national origin; (c) the vendor will send to each labor union or worker’s representative notices stating the vendor’s responsibilities under the statute; (d) the vendor will furnish such relevant information and reports as requested by the Human Resources Commission for the purpose of determining compliance with the statute; (e) failure of the vendor to comply with the statute, the rules and regulations promulgated thereunder, and this non-discrimination clause shall be deemed a breach of contract and it may be canceled, terminated, or suspended in whole or in part; and (f) the vendor will include the provisions of items (a) through (e) in every subcontract so that such provisions will be binding upon such subcontractor or vendor.
  6. ANTITRUST ASSIGNMENT: The vendor named on the front of the PO, acting herein by the authorized individual, its duly authorized agent, hereby assigns, sells, and transfers to the State of Arkansas all rights, title, and interest in and to all causes of action it may have under the antitrust laws of the United States or this state for price fixing, which causes of action have accrued prior to the date of this assignment and which relate solely to the particular goods or services purchased or produced by this state pursuant to this contract.
  7. GUARANTY: All items shall be newly manufactured, in first class condition, latest model and design, including where applicable, containers suitable for shipment and storage, unless otherwise indicated. Vendor hereby guarantees that everything furnished hereunder will be free from defects in design, workmanship, and material; that if sold by drawing, sample, or specification, it will conform thereto and will serve the function for which furnished hereunder. Vendor further guarantees that if the items furnished hereunder are to be installed by the vendor that such items will function properly when installed. Vendor also guarantees that all applicable laws have been complied with relating to construction, packaging, labeling, and registration. Vendor’s obligations under this paragraph shall survive for a period of one (1) year from date of delivery, unless otherwise specified herein.
  8. BACKORDERS OR DELAY IN DELIVERY: Backorders or failure to deliver within the time required may be default of the contract. Contractor must give written notice to Procurement Services of the reason and the expected delivery date. If the reason is not acceptable, the contractor is in default. Procurement Services has the right to extend delivery if the reason appears valid. If the date is not acceptable, the university may buy elsewhere.
  9. DELIVERY REQUIREMENTS: No substitutions or cancellations are permitted without approval of Procurement Services. Delivery shall be made during university work hours only, 8 a.m. to 4 p.m., unless prior approval for other shipment has been obtained. Packing memorandum shall be enclosed with each shipment.
  10. DEFAULT: Final inspection and acceptance or rejection may be made at delivery destination, but all materials and workmanship shall be subject to inspection and test at all times and places, and when practicable. During manufacture, the right is reserved to reject articles which contain defective material and workmanship. Rejected material shall be removed by and at the expense of the contractor promptly after notification or rejection. Final inspection and acceptance or rejection of the materials or supplies shall be made as promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on the university thereof for such materials or supplies as are not in accordance with the specification. In the event necessity requires the use of materials or supplies not conforming to the specification, payment may be made with a proper reduction in price.
  11. VARIATION IN QUANTITY: The university assumes no liability for commodities produced, processed, or shipped in excess of the amount specified on the UALR Purchase Order.
  12. INVOICING: The contractor shall be paid upon submission of an original properly itemized invoice showing Purchase Order number. Invoices must be sent to the UALR Accounts Payable Office.
  13. UALR PROPERTY: Any specifications, drawings, technical information, dies, cuts, negatives, positives, data, or any other commodity furnished to the contractor hereunder or in contemplation hereof or developed by the contractor for use hereunder shall remain property of the university, be kept confidential, be used only as expressly authorized, and returned at the contractor’s expense to the UALR Procurement Services, properly identifying what is being returned.
  14. PATENTS OR COPYRIGHTS: The contractor agrees to indemnify and hold UALR harmless from all claims, damages, and costs, including attorney’s fees, arising from infringement of patents or copyrights.
  15. ASSIGNMENTS: Any contract entered into pursuant to the Purchase Order is not assignable nor the the duties thereunder delegable by either party without the written consent of the university.
  16. OTHER REMEDIES: In addition to the remedies outlined herein, the contractor and the university have the right to pursue any other remedy permitted by law or in equity.
  17. LACK OF FUNDS: The university may cancel this contract to the extent funds are no longer legally available for expenditures under this contract. Any delivered but unpaid-for goods will be returned in normal condition to the contractor by the university. If the university is unable to return the commodities in normal condition and there are no funds legally available to pay for the goods, the contractor may file a claim with Arkansas Claims Commission. If the contractor has provided services and there are no longer funds legally available to pay for the services, the contractor may file a claim.
  18. ETHICAL STANDARDS: It shall be a breach of ethical standards for a person to be retained, or to retain a person, in order to secure an order upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the contractor for the purpose of securing business.
  19. SOVEREIGN IMMUNITY: Nothing in this agreement shall be construed to waive the sovereign immunity of the State of Arkansas or any entity thereof, including the University of Arkansas at Little Rock.
  20. TECHNOLOGY ACCESS: When procuring a technology product or when soliciting the development of such a product, the State of Arkansas is required to comply with the provisions of Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, which expresses the policy of the state to provide individuals who are blind or visually impaired with access to information technology purchased in whole or in part with state funds. The vendor expressly acknowledges and agrees that state funds may not be expended in connection with the purchase of information technology unless that system meets the statutory requirements found in 36 C.F.R. § 1194.21, as it existed on January 1, 2013 (software applications and operating systems) and 36 C.F.R. § 1194.22, as it existed on January 1, 2013 (web-based intranet and internet information and applications), in accordance with the State of Arkansas technology policy standards relating to accessibility by persons with visual impairments. ACCORDINGLY, THE VENDOR EXPRESSLY REPRESENTS AND WARRANTS to the State of Arkansas through the procurement process by submission of a Voluntary Product Accessibility Template (VPAT) or similar documentation to demonstrate compliance with 36 C.F.R. § 1194.21, as it existed on January 1, 2013 (software applications and operating systems) and 36 C.F.R. § 1194.22, as it existed on January 1, 2013 (web-based intranet and internet information and applications) that the technology provided to the state for purchase is capable, either by virtue of features included within the technology, or because it is readily adaptable by use with other technology, of:
  • Providing, to the extent required by Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, equivalent access for effective use by both visual and non-visual means;
  • Presenting information, including prompts used for interactive communications, in formats intended for non-visual use;
  • After being made accessible, integrating into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired;
  • Providing effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means;
  • Being compatible with information technology used by other individuals with whom the blind or visually impaired individuals interact;
  • Integrating into networks used to share communications among employees, program participants, and the public; and
  • Providing the capability of equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

If the information technology product or system being offered by the vendor does not completely meet these standards, the vendor must provide an explanation within the Voluntary Product Accessibility Template (VPAT) detailing the deviation from these standards. State agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meet some but not all of the standards, the agency must procure the product that best meets the standards or provide written documentation supporting selection of a different product. For purposes of this section, the phrase “equivalent access” means a substantially similar ability to communicate with, or make use of, the technology, either directly, by features incorporated within the technology, or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state and federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands or other means of navigating graphical displays, and customizable display appearance. As provided in Act 308 of 2013, if equivalent access is not reasonably available, then individuals who are blind or visually impaired shall be provided a reasonable accommodation as defined in 42 U.S.C. § 12111(9), as it existed on January 1, 2013. As provided in Act 308 of 2013, if the information manipulated or presented by the product is inherently visual in nature, so that is meaning cannot be conveyed non-visually, these specifications do not prohibit the purchase or use of an information technology product that does not meet these standards.