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For Vendors
Purchase Order Terms and Conditions for
Our Lady of Bellefonte Hospital
NOTE: The electronic purchase order is unable to adequately display all of the terms and conditions of the purchase order in an electronic transmission. The transmitted purchase order refers the Vendor to this site (www.olbh.com) for the complete purchase order terms and conditions. Any Vendor who chooses not to review these terms and conditions and ships against this purchase order is, by their actions, agreeing to all required terms and conditions.
1. This document will not be superceded by any documents from the Vendor. OLBH will not be bound by any additional or different terms, whether printed or otherwise, in Seller's quotation or in any other communication from Seller to OLBH unless specifically agreed in writing.
2. Any discrepancies noted on this Purchase Order must be reported in writing to the Materials Management Department, fax number 606/833-4225, within 24 hours. If the Purchase Order and confirmations are transmitted via EDI, discrepancies must be reported via EDI within 4 hours. Adjustments to Purchase Orders for discrepancies reported outside these time frames will be at the discretion of the Materials Management Department.
3. All sales to OLBH shall be construed to be sales on approval and with the right to return for full credit. Exceptions to this would be special order and/or specially fabricated items, any items that are specified by the FDA as non-returnable, or any items deemed non-returnable at the time of order as mutually agreed upon by the Buyer and Seller and are so stated in writing on the purchase order.
4. Shipment in any part or all of the order, or performance of any part or all of the services constitutes acceptance by the Seller of all of the purchase order Terms and Conditions for Our Lady of Bellefonte Hospital.
5. The purchase order must appear on all correspondence, invoices, Packing Slips, Bills of Lading, and on the outside of all packages, boxes, cases, and other shipping containers. Invoices will not be processed unless the purchase order number is referenced on the invoice.
6. Packing slip for drop-ship orders should indicate the name of the original vendor and the OLBH purchase order number to the original vendor.
7. All shipments are F.O.B. Hospital unless otherwise stated. Ship by the mode directed by OLBH, or in the absence of specific instruction ship by the lowest cost mode that assures delivery by the designated delivery date.
8. Delivery Hours are between 7:30 AM and 4:30 PM Monday through Friday. After hours deliveries are only accepted with prior arrangements with the Receiving Department of each facility.
9. Vendors are responsible for assessing the delivery location to determine delivery requirements (both dock and internal deliveries). OLBH employees are not allowed to assist with unloading of merchandise from trucks. Vendor must provide for deliveries to be unloaded and delivered into the delivery location. Deliveries not meeting requirements may be refused by OLBH and the Vendor will be required to reship the merchandise at the Vendor's expense.
10. Quantities: Shipments of goods must equal exact amounts ordered unless otherwise agreed by Buyer in writing. Changes must be cleared with the Buyer in advance of shipping. Any unauthorized quantity is subject to Buyer's rejection and return at Seller's expense.
11. Substitutes: The Buyer will not accept substituted items unless prior approval has been granted. All non-approved substitute items will be returned at the expense of the Seller.
12. Goods not in accordance with specifications will be rejected and held at Vendor's risk awaiting disposal. Vendor must pay transportation both ways on rejected Materials.
13. All invoices are to be sent to:
Central Accounts Payable
P.O. Box 6189
Ellicott City, MD 21042-6189
All invoices are to be sent to the above address. If the invoice is for a non-PO purchase, the invoice must indicate that the purchase is for Our Lady of Bellefonte Hospital and identify the department requesting the products or services.
Do not invoice prior to shipment of merchandise. Invoices shall not be sent to another department or to any individual within Our Lady of Bellefonte Hospital. This does not preclude sending management reports to the using department or to an individual responsible for monitoring the services and materiel sold to OLBH.
Email is the preferred mode of contact as it enables Central Accounts Payable to quickly log the contact and research the request or question. Central Accounts Payable will respond to the request by no later than the end of the next day. Use apservice@bshsi.com for routine requests and aprush@bshsi.com for more urgent requests such as a credit hold situation.
14. All invoices shall be provided in duplicate to the Accounts Payable department. Provide separate invoices for each order and each shipment or completion.
15. Prices: Prices stated on the purchase order will be in effect until a price confirmation is received indicating a different price and accepted by the Buyer. If the purchase order price is in excess of valid contracted pricing, then the lower contracted price will default to the price to be paid. If price is omitted on the purchase order, it is agreed that the goods and services shall be billed at the current contract price, at the price last quoted, or billed at the prevailing market price, whichever is lower.
16. Discounts: Payment discounts shall date from the date of inspection, acceptance, or date that the shipment was received whichever is later.
17. Taxes: OLBH is exempt from state sales tax; therefore, please omit tax from your invoice.
18. Vendor shall notify Materials Management of any portion of this order can not be delivered within thirty (30) days, unless other delivery arrangements have been made.
19. Delivery: In the event the Vendor fails to make shipment as herein specified, OLBH may cancel this order, procure the Materials elsewhere and/or hold the Vendor responsible for any damages sustained or additional expenses incurred by OLBH.
20. OLBH is committed to providing equal opportunities for all persons. Vendor, in performing the work required by this order, agrees not to discriminate against any employee or applicant for employment regardless of race, color, national or ethnic origin, religion, sex, sexual orientation, age, disability or Veteran's status.
21. In the event any installation or any other labor is involved, and before performing any work related to, this order, Vendor is required to contact the Materials Management Director (in writing via certified or express mail with delivery date/signature required) to determine if a Contract is required in addition to or in place of this Purchase Order. Failure on the Vendor's part to contact Materials Management as specified shall result in the Vendor automatically, by default, agreeing to all terms and conditions in the OLBH Contract Templates located in the OLBH Health System, Inc. Policy Manual.
22. Vendor shall be exclusively liable for and shall save OLBH harmless for the payment of Worker's Compensation in accordance with the Worker's Compensation laws and for the payment or collection of and federal or state taxes or contribution to wages of other compensation paid on Vendor employees.
23. Vendor shall comply with all applicable laws and regulations.
24. It is understood the electrical equipment in this order must meet Medical/Electrical Device Standards: All equipment intended for use in patient care areas will be designed and constructed in accordance with standards for medical devices as set forth by the F.D.A., O.S.H.A., N.F.P.A., I.E.C. A.A.M.I., A.C.R.\N.E.M.A. standards and the Department of Health and Human Services Center for Devices and Radiological Health (formerly BRH). Vendor will comply with all aspects of the Safe Medical Devices Act (S.M.D.A.) including implant tracking as required. Electrical equipment must meet at least one of the following approvals: Underwriter's Laboratory (U.L.); Dash, Strauss and Goodhue (DS&G); Canadian Standards Association (CSA); MET Electrical Testing Co., Inc. (MET); Electrical Testing Laboratory (ETL); or the Vendor will bear all costs associated with obtaining an acceptable equivalency rating from other approved testing agencies. Vendors will be required to provide documentation of compliance as an addition to the OLBH contract draft. Failure to provide acceptable (acceptance determined by OLBH Plant and/or Clinical Engineering Departments) documentation will result in the RFP being removed from consideration.
25. FDA Approvals & 510K Clearance: Vendor represents that all implants/devices/products submitted hereunder for delivery to OLBH will be FDA. approved and/or 510K cleared evidencing that Vendor's products are approved or cleared for commercial distribution and that such products are safe and effective. Vendor will provide written documentation of all approvals as part of their RFP response. Failure to provide documentation will result in the RFP being removed from consideration.
26. Two (2) copies of operators and service manuals at no additional cost will accompany all equipment. All manuals must be received prior to the processing of the invoice.
27. MSDS: The Seller must provide a current Material Safety Data Sheet (MSDS) on each delivered product containing any substance defined or described by United States Federal Hazard Communication Standard 1910.1200. MSDS's should be sent to:
Security Department
Our Lady of Bellefonte Hospital
Saint Christopher Drive
Ashland, KY 41101
28. HCFA APC Code Status: Vendors are to submit to the Buyer upon receipt of this purchase order, APC codes, or proof that an application has been submitted to HCFA to obtain APC codes and any patient charge for products included in the purchase order. New technology may not be considered if APC codes have not been applied for or obtained.
29. Year 2000 Compliance:
Century Compliance (Year 2000): If applicable, Vendor warrants that computer or computer related products (including embedded or third party software) or systems provided under a RFP, purchase order or any subsequent contract to OLBH are Century Compliant. This means that Vendor's products, services or systems are able to process data accurately, including date data century recognition, calculations that accommodate same century and multi-century formulas and date values (including leap year factors), and date data interface values which reflect the century, when used either in a stand-alone configuration or in combination with other century compliant products or systems used by OLBH. Vendor further warrants that such products or systems will not abnormally terminate their functions or provide or cause invalid or incorrect results due to incompatibility with the calendar year.
30. Code Conformance: Vendor will supply/utilize only those products/equipment manufactured in conformance with applicable and current codes and provisions of Federal, state and local regulating agencies and only those products complying with patent rights relative to the equipment/products specified.
Revised: 12/04/06
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