Compliance Between Individual Contract and Master Agreement An individual contract between the Board and an individual employee, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement during its duration shall be controlling.
Indemnity for Underlying Sales and Supplemental Agreements Vendor shall be solely responsible for any customer claims or any disputes arising out of TIPS Sales or any Supplemental Agreement as if sold in the open-market. The Parties agree that TIPS shall not be liable for any claims arising out of Vendor’s TIPS Sales or Supplemental Agreements, including but not limited to: allegations of product defect or insufficiency, allegations of service defect or insufficiency, allegations regarding delivery defect or insufficiency, allegations of fraud or misrepresentation, allegations regarding pricing or amounts owed for TIPS sales, and/or allegations regarding payment, over-payment, under-payment, or non-payment for TIPS Sales. Payment/Drafting, overpayment/over-drafting, under- payment/under-drafting, or non-payment for TIPS Sales between customer and Vendor and inspections, rejections, or acceptance of such purchases shall be the exclusive respective obligations of Vendor/Customer, and disputes shall be handled in accordance with the terms of the underlying Supplemental Agreement(s) entered into between Vendor and Customer. Vendor acknowledges that TIPS is not a dealer, subcontractor, agent, or reseller of Vendor’s goods and services and shall not be responsible for any claims arising out of alleged insufficiencies or defects in Vendor’s goods and services, should any arise.
Vendor Agreement 230105 Vendor Agreement pdf The Vendor Agreement must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, Vendor Name placed in the line provided at the top, and uploaded to this location. If Vendor has proposed deviations to the Vendor Agreement, Vendor may assert so in the Attribute Questions and those shall be addressed during evaluation.
ADDITIONAL CONTRACTOR TERMS AND CONDITIONS WITHIN AN AUTHORIZED USER AGREEMENT Additional Contractor Terms and Conditions may become part of an Authorized User Agreement in accordance with Section 28 of Appendix B. EMPLOYEE INFORMATION REQUIRED TO BE REPORTED BY CERTAIN CONSULTANT CONTRACTORS AND SERVICE CONTRACTORS Civil Service Law § 97 and State Finance Law § 163 establish reporting requirements for maintaining certain information concerning Contract Employees working under State Agency service and consulting Contracts. State Agency consultant Contracts are defined as “Contracts entered into by a state Agency for analysis, evaluation, research, training, data processing, computer programming, engineering, environmental health and mental health services, accounting, auditing, paralegal, legal, or similar services” (“covered consultant Contract” or “covered consultant services”). The information must be provided to the state Agency awarding such Contracts, OSC, DOB and CS. To meet these requirements, the Contractor agrees to complete:
Vendor Agreement (Part 1)
Vendor’s Specific Warranties, Terms, and License Agreements Because TIPS serves public entities and non-profits throughout the nation all of which are subject to specific laws and policies of their jurisdiction, as a matter of standard practice, TIPS does not typically accept a Vendor’s specific “Sale Terms” (warranties, license agreements, master agreements, terms and conditions, etc.) on behalf of all TIPS Members. TIPS may permit Vendor to attach those to this Agreement to display to interested customers what terms may apply to their Supplemental Agreement with Vendor (if submitted by Vendor for that purpose). However, unless this term of the Agreement is negotiated and modified to state otherwise, those specific Sale Terms are not accepted by TIPS on behalf of all TIPS Members and each Member may choose whether to accept, negotiate, or reject those specific Sale Terms, which must be reflected in a separate agreement between Vendor and the Member in order to be effective.
END USER AGREEMENTS (“EUA H-GAC acknowledges that the END USER may choose to enter into an End User Agreement (“EUA) with the Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor’s Agreement with H-GAC. Contractor affirms that termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC
RELEASE OF BID EVALUATION MATERIALS Requests concerning the evaluation of Bids may be submitted under the Freedom of Information Law. Information, other than statistical or factual tabulations or data such as the Bid Tabulation, shall only be released as required by law after Contract award. Bid Tabulations are not maintained for all procurements. Names of Bidders may be disclosed after Bid opening upon request. Written requests should be directed to the Commissioner.
DISTRIBUTION OF CONTRACTOR PRICE LIST AND CONTRACT APPENDICES Contractor shall provide Authorized Users with electronic copies of the Contract, including price lists and Appendices, upon request. OGS CENTRALIZED CONTRACT MODIFICATIONS Contract Updates will be handled as provided in Appendix C – Contract Modification Procedures.
Our Agreement This Marina Operators Liability insurance Policy is a contract between You and Us: Insuring Agreement In consideration of You paying Us the Premium and in reliance upon the information You provided to Us in your application for insurance and its attachments, We shall cover You for the liabilities, costs and expenses that are covered by this Policy. About Your Policy This Policy is made up of this document, the Certificate and any Endorsements and they should all be read as one document. If You think that any details contained in these documents are not correct or if You need to change anything, You should tell Us or ask Your insurance intermediary to tell Us. Unless expressly stated to the contrary, words that are emphasised by the use of capitalisation and bold print have the meaning given to them in Section 7 – ‘Definitions’ of this Policy. This Policy is a legal contract between You and Us. Based on the information provided by You when You applied for this insurance and subject to You having paid the required Premium, We agree to insure You during the Period of Insurance. Your Duty of Disclosure Before You enter into an insurance contract, You have a duty to tell Us anything that You know, or could reasonably be expected to know, may affect Our decision to insure You and on what terms. You have this duty until We agree to insure You. You have the same duty before You renew, extend, vary or reinstate an insurance contract. You do not need to tell Us anything that: • reduces the risk We insure You for; or • is common knowledge; or • We know or should know as an insurer; or • We waive Your duty to tell Us about. If You Do Not Tell Us Something If You do not tell Us anything you are required to, We may cancel Your contract or reduce the amount We will pay You if You make a claim under this Policy, or both. If Your failure to tell Us is fraudulent, We may refuse to pay Your claim under this Policy and treat the contract as if it never existed. Cooling Off Period Once cover has commenced You have 21 (twenty one) calendar days to decide whether this Policy meets Your needs. This is called the “cooling off period”. If during this time, You decide You are not completely satisfied with this Policy, and provided You have not made a claim under this Policy, You can cancel this Policy by notifying Us in writing. We will refund in full any Premium You have paid. Privacy Statement NM Insurance Agency Pty Ltd, ABN 34 100 633 038, trading as Nautilus Marine are committed to protecting Your privacy in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs). This Privacy Statement outlines how We collect, disclose and handle Your personal information (including sensitive information) as defined in the Act. Why We Collect Your Personal Information We collect Your personal information (including sensitive information) so We can: • identify You and conduct necessary checks; • determine what service or products We can provide to You e.g. offer our insurance products; • issue, manage and administer services and products provided to You or others, including claims investigation, handling and settlement; • improve Our services and products e.g. training and development of Our representatives, product and service research and data analysis and business strategy development, and • make special offers of other services and products provided by Us or those We have an association with, that might be of interest to You. What Happens If You Don’t Give Us Your Personal Information? If You choose not to provide us with the information We have requested, We may not be able to provide You with Our services or products or properly manage and administer services and products provided to You or others. How We Collect Your Personal Information Collection can take place by telephone email, or in writing and through websites (from data You input directly or through cookies and other web analytic tools). We collect it directly from You unless You have consented to collection from someone other than You, it is unreasonable or impracticable for Us to do so or the law permits us to. If You provide us with personal information about another person You must only do so with their consent and agree to make them aware of this privacy notice. Who We Disclose Your Personal Information To We share Your personal information with third parties for the collection purposes noted above. The third parties include: Our related companies and Our representatives who provide services for Us, the Insurer, other insurers and reinsurers, Your agents, Our legal, accounting and other professional advisers, data warehouses and consultants, social media and other similar sites and networks, membership, loyalty and rewards programs or partners, providers of medical and non-medical assistance and services, investigators, loss assessors and adjusters, other parties We may be able to claim or recover against, and anyone either of us appoint to review and handle complaints or disputes and any other parties where permitted or required by law. We may need to disclose information to persons located overseas. Who they are may change from time to time. You can contact us for details or refer to our Privacy Policy available at our website www.nautilusinsurance. com.au. In some cases We may not be able to take reasonable steps to ensure they do not breach the Privacy Act and they may not be subject to the same level of protection or obligations that are offered by the Act. By proceeding to acquire Our services and products You agree that You cannot seek redress under the Act or against Us (to the extent permitted by law) and may not be able to seek redress overseas. More Information, Access, Correction or Complaints For more information about our privacy practices including how We collect, use or disclose information, how to access or seek correction to Your information or how to complain in relation to a breach of the Australian Privacy Principles and how such a complaint will be handled, please refer to our Privacy Policy available at Our website xxx.xxxxxxxxxxxxxxxxx.xxx.xx or by contacting Us (Our contact details are below). Contact Us & Opting Out By proceeding with Your application or submitting Your claim under this Policy, You and any other person included on this Policy, consent to this use and these disclosures unless You tell us otherwise. If You wish to withdraw Your consent, including for things such as receiving information on products and offers by Us or persons We have an association with, please contact Us By phone: 0000 000 000 By email: xxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx In writing: 00-00 Xxxxxx Xxxxxx, Sandringham VIC 3191 Complaints Process Both We and the Insurer are committed to handling any complaints about Our products or services efficiently and fairly. Any enquiry or complaint relating to this insurance should be referred to Us in the first instance. Please contact Us By phone: 0000 000 000 By email: xxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx In writing: 00-00 Xxxxxx Xxxxxx, Sandringham VIC 3191 If this does not resolve the matter or You are not satisfied with the way a complaint has been dealt with, You can contact the Insurer on their dedicated complaints line – 1800 339 669 and/or in writing to Head of Compliance AIG Level 12, 000 Xxxxxx Xxxxxx Docklands VIC 3008 General Insurance Code of Practice The Insurer is a signatory to the General Insurance Code of Practice. This aims to raise the standards of practice and service in the insurance industry, improve the way that claims and complaints are handled and help people better understand how general insurance works. Information brochures on the General Insurance Code of Practice are available upon request. The Insurer This insurance is issued/insured by: AIG Australia Limited (AIG) ABN 93 004 727 753 AFSL 381686 Level 12, 000 Xxxxxx Xxxxxx Docklands, VIC 3008 AIG issues/insures this product pursuant to an Australian Financial Services Licence granted to them by the Australian Securities and Investments Commission. AIG is the marketing name for the worldwide property- casualty, life and retirement, and general insurance operations of American International Group, Inc. American International Group, Inc. (AIG) is a leading international insurance organisation serving customers in more than 100 countries and jurisdictions. AIG companies serve commercial, institutional, and individual customers through one of the most extensive worldwide property-casualty networks of any insurer. In addition, AIG companies are leading providers of life insurance and retirement services in the United States. AIG common stock is listed on the New York Stock Exchange and the Tokyo Stock Exchange.
