If this purchase order refers to your bid or proposal, then this purchase order is an ACCEPTANCE of your OFFER TO SELL in accordance with the terms and conditions of the IFB/RFP, as stated in your bid. If no bid or proposal is referenced, the purchase order is an OFFER TO BUY, subject to your acceptance, which must be demonstrated by either your performance of the purchase order or by a formal acknowledgement in writing.
Any COUNTER OFFER TO SELL is automatically construed as a CANCELLATION of this purchase order unless a change order is issued accepting a counteroffer. In the event vendor form(s) or part(s) of forms are included in or as an attachment to, any bid, proposal, offer, acknowledgment, or otherwise, vendor agrees that, in the event of inconsistencies or contradictions, the terms and conditions of the solicitation document and this purchase order shall supersede and control over those contained in the vendor’s form(s) regardless of any statement to the contrary in a vendor form(s).
Unless Aims Community College (ACC) specifically agrees in writing through overt reference or other express written indication of assent, terms, and conditions on vendor forms regarding choice of law, venue, warranty disclaimer or exclusion, indemnification or limitation of liability shall be of no effect.