Standard Terms and Conditions
For Material Purchases
1. Scope. Vendor acknowledges the materials it furnishes (the “Materials”) are intended for incorporation into a construction project (the “Project”). If Vendor has been provided the Project plans and specifications, Vendor warrants the Materials will comply with the same. Vendor is bound to any Project-related termination-for-convenience clause and confidentiality agreement to the same extent as COBRA.
2. Warranty. Vendor shall provide any specified warranties for the Materials; if no warranty is specified, Vendor’s warranty as shall extend for a minimum period of two (2) years from completion of the Project.
3. Damages. Vendor is liable for all damages caused by defective Materials and any damages assessed against COBRA as a result of Vendor’s failure to comply with the agreed upon delivery schedule.
4. Communication. All Vendor communications regarding the Materials must go through COBRA. Vendor shall not communicate directly with the Project owner or any other Project participant without copying COBRA.
5. Safety. All visits to the Project site must be scheduled through COBRA. While on site, Vendor shall abide by COBRA’s Safety Program and Site Specific Safety Plan.
6. Affirmative Action and Equal Employment Opportunity. COBRA is an equal opportunity employer and does not discriminate on the basis of race, gender, ethnicity, national origin, religion, sexual orientation, age, gender identity, marital or parental status, veteran status, disability, or other protected classifications. On federal projects or when required by the specifications, the following apply:
- Vendor shall comply with any applicable requirements of and Executive Order 11246 (as amended) and its implementing regulations at 41 CFR 60-1, 2, 3 and 4, which prohibit discrimination based on race, gender, ethnicity, national, origin, or religion and require affirmative action and Equal Employment Opportunity reporting to promote equal opportunity. The equal opportunity clauses required by 41 CFR 60-1.4 are hereby incorporated by reference.
- 41 CFR 60-300.5(a) – This contractor and [Vendor] shall abide by the requirements of 41 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.
- 41 CFR 60-741.5(a) – This contractor and [Vendor] 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.
7. Disputes. With respect to claims made by a third party against COBRA related to the Materials, Vendor is bound to the same dispute resolution procedure (including choice-of-law and forum) as COBRA. If Vendor does not participate, COBRA may, in good faith, settle all claims related to the Materials, and Vendor shall reimburse COBRA for the settlement amount and all costs, including reasonable attorneys’ fees.
8. Final Agreement. These Terms and Conditions supersede all prior agreements with respect to the Materials (including without limitation any terms on price quotes or the like) and cannot be verbally modified. Terms and conditions on Vendor’s invoice, bills of lading, order acknowledgements, or other forms are hereby objected to in advance and are ineffective to modify these Terms and Conditions.
END OF TERMS AND CONDITIONS