Conditions

FOR SUPPLIERS / BROKERS / MANUFACTURERS / DISTRIBUTORS / SERVICE PROVIDERS

1. Time shall be of the essence and all goods and services shall be delivered in strict accordance with the delivery dates specified, the quantities specified and the requirements of the contract and /or invoice and attached specifications (if any). Failure to deliver or install in the quantities and with the specifications described on the delivery dates specified, shall entitle UWO, at its sole option, to cancel any portion or all of the shipment without liability or cost, in addition to any other rights of UWO.
2. If the Supplier(s)' fails to carry out the agreement satisfactorily in accordance with the terms, Western will, by giving written notice, specify the default(s) requiring remedy. In the event that the specified default(s) is/are not remedied within two weeks from giving such notice, Western reserves the right to terminate the agreement immediately.
3. All goods under the invoice are subject to inspection and approval, following delivery for a period of not less than sixty (60) days notwithstanding prior payment. In the event any goods are rejected by UWO, in its sole discretion, such goods shall be returned at the Supplier's expense and the Supplier shall credit UWO accordingly within fifteen (15) days of return of the rejected goods.
4. Western reserves the right to return any contract item for credit without being subjected to restocking fees and /or penalties.
5. All goods and services provided under this contract shall be in strict compliance with all laws, regulations, codes and standards of Canada, at the sole cost of the Supplier.
6. The Supplier shall indemnify and save harmless UWO, its directors, employees, students and agents from and against all actions, suits, claims, damages, causes of action, demands, penalties, fines, cost and expenses including legal fees or other proceedings of any kind or nature, directly or indirectly arising out of performance of the Work or supply of the Goods, including but not limited to, personal injuries to anyone, breach or alleged breach of intellectual property laws, environmental non-compliance, product liability and property damage.
7. The contract shall be construed and governed by the laws and courts of the Province of Ontario, Canada.
8. Supplier shall treat as confidential and safeguard all knowledge or information acquired by it or its officers, employees, agents or sub-consultants during the course of this exercise.
9. The successful Proponent(s) shall not assign or sub-contract any portion of its contract without the written consent of Western.