Purchasing Terms and Conditions

This purchase order incorporates and includes all documents, drawings, and specifications now existing and relating to the purchase of the Goods and the Services referred to herein; and shall, when accepted by the Seller, constitute the entire contract (the “Contract”) between the Seller and the Buyer for supply of the goods (the “Goods”) or performance of the services (the “Services) as described in the Contract, or both, as may be required under the Contract, at and for the price stipulated therein.


1. The Seller’s acceptance of this purchase order, or the shipment of any Goods or supply of any Services hereunder, shall constitute the Seller’s acceptance of this purchase order and the Contract, and no additional terms or conditions proposed by the Seller shall be binding upon the Buyer or form a part of the Contract. Any deletions, modifications, alterations of, or additions to the terms and conditions of the Contract shall be in writing and authorized by the Buyer in the Contract and shall be attached to the purchase order.
2. The Seller shall not assign or subcontract the provision of the Goods or Services under this Contract without the prior written consent of the Buyer.

Invoicing & Payment

3. Unless otherwise specified, the price on this Contract represents the complete cost to the Buyer as at the point of delivery specified herein and includes every license fee, patent royalty, government and municipal tax, levy and charge of every description and charges for crating, boxing and cartage. If the Contract is not for a fixed price, then the Seller shall submit in writing all details of any proposed price to the Buyer at least thirty (30) days prior to the proposed effective date of the price. All proposed price changes are subject to negotiation, and, if not approved by the Buyer, then this purchase order may be cancelled, at the Buyer’s sole discretion, and without liability by the Seller for such cancellation.
4. Time shall be of the essence under this Contract and the Seller shall deliver the Goods and perform the Services by the date(s) specified in the Contract.
5. Unless otherwise stated, all funds are payable in Canadian dollars.
6. The Seller agrees to supply all the Goods and to perform all the Services in strict compliance with the Contract. No substitutions or exchanges will be made or accepted without authority or approval of the Buyer.
7. If the Buyer determines that the Goods or the Services fail to comply with the Contract, the Buyer may, without prejudice to any other remedy it may have:
a. terminate the Contract and return the Goods to the Seller, at the Seller’s expense; and
b. recover from the Seller all monies paid under the Contract for the Goods together with an amount equal to the difference between the price stated in the Contract for the Goods and the cost of acquiring the Goods from another supplier.
8. The Buyer will pay the Seller when all of the following conditions have been satisfied:
a. the Goods or Services have been supplied;
b. the Buyer accepts the Goods or Services supplied; and
c. the Buyer receives the Seller’s invoice setting out the purchase order number and an itemized description of the goods or services the Seller provided in accordance with the Contract. Invoices can be sent to Lakeland College, Finance Department, Accounts Payable, 5705 College Drive, Vermilion, Alberta, Canada T9X 1K5 or accountspayable@lakelandcollege.ca

Delivery and Warranty

9. The Goods shall be delivered to the Buyer Free on Board (FOB), the point of delivery designated in the Contract.
10. All Goods are subject to inspection by the Buyer and payment in whole or in part shall not constitute acceptance or approval.
11. Title to the Goods shall vest in the Buyer upon payment of the purchase price.
12. Risk of loss with respect to the Goods shall pass to the Buyer upon receipt of the Goods at the point of delivery, unless otherwise agreed to by the Buyer in writing. The Buyer has no obligation to obtain insurance while Goods are in transit from Seller to the point of delivery.
13. In providing the Goods or the Services, or either of them, the Seller shall comply with the Workers Compensation legislation of the Province(s) in which the Services are performed. Evidence of compliance with the legislation shall be furnished to the Buyer upon request.
14. For the supply of either of Goods or Services, the Buyer may holdback payment in accordance with the Builder's Lien Act of Alberta; no such holdback shall be subject to any late payment, financing or interest charges.
15. The Buyer may, at its sole discretion, terminate this Contract in whole or in part, without penalty or compensation upon a thirty (30) day written notice served to the Seller. The Buyer will pay the Seller for goods and services satisfactorily provided and accepted by the Buyer to the effective date of termination. The termination of this Contract shall discharge any further obligations of either party.
16. The Buyer reserves the right to cancel this Contract at no expense to the Buyer if the goods supplied are below the quality specified or if the delivery is beyond the date specified.
17. The Seller and any subcontractor used by the Seller in connection with this Contract must carry a comprehensive general liability insurance policy providing coverage of at least two million dollars ($2,000,000.00) inclusive for bodily injury and/or property damage. At the Buyer’s request, the Seller must provide the Buyer certificates showing that such coverage is in effect and agreeing to give the Buyer thirty (30) days’ prior notice of cancellation of the coverage.
18. By accepting this Contract, the Seller represents that it has and will continue during the performance of this Contract to comply with the provisions of all federal, provincial and municipal laws and regulations from which the liability may accrue to the Buyer from any violation thereof.
19. The Seller warrants that the Goods when delivered shall:
a. conform to the specifications in the Contract;
b. be in good, usable and merchantable quality, and fit for the intended purpose;
c. be free of defects in material, workmanship, design and manufacture; and
d. be free of all mortgages, liens, claims and security interests whatsoever.
20. The warranties of the Seller in section 18 hereof are in addition to, and not in substitution for, the implied conditions respecting the Goods contained in the Sale of Goods Act (Alberta).
21. The Seller warrants that the Services performed under the Contract shall:
a. comply with the Contract; and
b. be free from faulty workmanship and errors, omissions and defects.
22. If either of the Goods or the Services fail to comply with the applicable warranties above, the Seller shall take all measures necessary to rectify any non-conformity at the request of the Buyer and at the Seller’s expense. The Seller shall provide supervision as required, and pay the cost of dismantling and reinstallation of Goods which do not conform to the warranty, and all associated freight charges. Services, which do not conform to the warranty in section 18 hereof, shall be re-performed by the Seller at the Seller’s expense and in compliance with the Contract. The Buyer may satisfy any or all of the obligations of the Seller if the Seller fails to satisfy such obligations promptly. Seller shall pay to Buyer, upon demand, all costs and expenses incurred by Buyer in satisfying Seller’s remedial obligations.
23. The Seller shall:
a. pay all royalties and patent license fees and related charges payable in respect to the Goods and shall indemnify the Buyer against all such royalties, fees and related charges; and
b. defend, at its own expense, all suits and proceedings instituted against the Buyer in connection with any infringement or alleged infringement or unlicensed use of letters patent, registered design, trademark or copyright pertaining to the Goods or the use thereof; and
c. indemnify the Buyer against all losses, costs, damages and expenses (including legal expenses of a solicitor and his own client basis) which the Buyer may suffer, sustain or incur in connection with or as a result of any claim, action or proceeding for such infringement, alleged infringement or unlicensed use; and
d. if any of the Goods infringe letters patent, registered design, trademark or copyright and the use of any of the Goods is enjoined, then, at its own expense, either procure for the Buyer the right to continue using the Goods or replace the Goods with non-infringing Goods or modify the Goods so as to become non- infringing, provided the quality of the Goods is not diminished in any way.
24. All packing cases, bales cartons and other shipping materials in which the Goods may be shipped shall upon delivery, become the property of the Buyer unless otherwise stipulated in the Contract.
>h3>Taxes and Duties 25. Any applicable Goods and Services Tax and customs duties payable by the Buyer under the Excise Tax Act (Canada) shall be shown as a separate amount on each invoice.
26. The Seller agrees that for all Goods and Services for which taxes or customs duties have been paid, any entitlements relating to those Goods or Services that arise from all and any tax or duty rate decreases, exemptions, refunds, or any of them, or that result from amendments, re-classifications, remissions or clarifications regarding Goods or Services that were or will be subject to tax or duties, whether recognized at the time the purchase order is accepted, or not, shall be credited to the Buyer when they become known.
27. If the Seller manufactures or purchases any goods involved in this contract outside of Canada, the Seller must ensure that the Seller, the Seller’s agent, or representative is the "importer of record" for customs purposes.
28. For all Goods or any Services purchased directly from foreign countries for shipment into Canada, the Seller shall include two completed and signed copies of the Canada Customs invoice with the documentation accompanying the shipment. A copy of the Canada Customs invoice shall also be delivered concurrently to the Buyer at its finance department under separate cover.

Conflict of Interest

29. The Seller shall fully disclose to the Buyer, before accepting this Contract, and as a condition of supplying either Goods or Services, any of the following business relationships of the Seller with any member of the Buyer’s board of directors, the Buyer’s agents, or employees of the Buyer:
a. if the Seller is a private company, all details of ownership of shares of the Seller by any of the above persons;
b. if the Seller is a public company, details of any ownership of shares of the Seller, in excess of 1% of total share issued, by any of the above persons;
c. if the Seller is a partnership or a joint venture, the details of any partnership or joint venture arrangements with any of the above persons;
d. details of any directorship or office in the Seller held by of any of the above persons;
e. details of any direct or indirect pecuniary interest of any of the above persons in the supply of Goods or Services.
30. Written disclosure of any such business relationships shall be made in writing prior to supplying Goods or Services under a purchase order. No disclosure shall constitute the Seller’s warranty that it is not aware of the existence of any of the above stated business relationships.


31. The Seller shall indemnify and save harmless the Buyer and its affiliates, subsidiaries and associated corporations and each of their respective officers, directors and employees against all losses, claims, actions, demands, liabilities, damages, fines, penalties, judgments and expenses (including without limitation legal expenses on a solicitor and his own client basis), suffered, or incurred by or resulting from an action(s) or proceeding brought against any or all of them due to any error, omission or negligent act of the Seller or its employees, agents or sub-contractors in connection with the Goods and Services, or either of them, or performance of the Contract.


32. The Seller acknowledges that the Buyer is a public body and therefore subject to the Freedom of Information and Protection of Privacy Act (FOIP). The records in the possession of, and submitted by, the Seller in this purchase order shall be subject to the disclosure provisions outlined in the Act unless the disclosure would be harmful to the Seller’s business interests as per s. 16 of the Act. If the Buyer’s response to a request under the Act is appealed to the Information and Privacy Commissioner for Alberta, the Seller shall have the burden of proof. The Seller shall be responsible for all costs related to its confidentiality requirements.

Law & Regulation

33. This Contract shall be governed by the laws of the Province of Alberta.
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