NASPO ValuePoint Master Agreement Terms and Conditions Sample Clauses

NASPO ValuePoint Master Agreement Terms and Conditions. The NASPO ValuePoint Master Agreement uses the default order of precedence specified in section 1 to resolve conflicts between terms and conditions. Depending on the solicitation design, the order of precedence may have to be revised by the Lead State. Order of precedence clauses cover conflicts in language, not additional language. Courts will harmonize terms wherever possible, and additional language typically will be given effect unless it overtly conflicts other language. So, for example, a contractor’s warranty provisions would apply to an RFP silent on warranty requirements. However, some clarification might be required if the RFP specifies a warranty term and the contractor’s warranty term is more favorable that the warranty in the RFP. Attachment A
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NASPO ValuePoint Master Agreement Terms and Conditions. Section 33. Usage of Trade; Course of Dealings; Implied Warranties Contractor shall also be bound by any other implied warranty that, at the time of execution of the Contract, prevails in the trade of government in the marketing area in and about the State of Nevada. Contractor shall also be bound by any other implied warranty arising through course of dealings between Contractor and the State from and after the execution of the Contract. Contractor shall also be bound by all warranties set forth in Nevada's Uniform Commercial Code (NRS Title 8) in effect on the date of execution of the Contract.
Sample 1
NASPO ValuePoint Master Agreement Terms and Conditions. The NASPO ValuePoint administrative fee shall be submitted quarterly and is based on the actual sales of all products and services. The NASPO ValuePoint administrative fee must be included when determining the pricing offered. The NASPO ValuePoint administrative fee is not negotiable and shall not be added as a separate line item on an invoice. Additionally, some NASPO ValuePoint participating entities may require that an administrative fee be paid directly to the NASPO ValuePoint participating entity on purchases made by purchasing entities within that State. For all such requests, the fee percentage, payment method and payment schedule for the participating entity's administrative fee will be incorporated in the Participating Addendum. The Contractor may adjust the Master Agreement pricing accordingly for purchases made by purchasing entities within the jurisdiction of the State. All such agreements may not affect the NASPO ValuePoint fee or the prices paid by the purchasing entities outside the jurisdiction of the participating entities requesting the additional fee.
Sample 1
NASPO ValuePoint Master Agreement Terms and Conditions. NASPO ValuePoint Master Agreement Terms and Conditions shall supplement the terms and conditions of this Contract. To the extent there is any inconsistent or conflicting term between the two, the conflict or inconsistency shall be resolved in a manner most favorable to a Purchaser or Purchasing Entity.
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