All WCDSB purchase orders are issued subject to the following terms and conditions. Additional terms, conditions and requirements may be specified in a RFP, RFQ and the like issued by WCDSB.
1. Purchase Order Required: The Board shall not be responsible for goods and services provided to Board employees without a Purchase Order issued by the Purchasing Department. Each purchase order must have a purchase order number (P.O. Number) or charge account number which shall be placed on all invoices, delivery tickets, bills of lading, packages, samples and/or correspondence with the WCDSB. Invoices received without a purchase order number may be returned unpaid.
2. Title: Title to all goods and the risk of damage, loss or destruction remain with the Supplier until the WCDSB accepts the Goods.
3. Price: All prices are F.O.B. destination and in Canadian funds, and include all packing, freight, storage, royalty, transportation, delivery, loading and insurance costs unless otherwise agreed to in writing by the WCDSB. The Supplier shall not execute an order at prices higher than those shown on the order without the prior written approval of the WCDSB purchasing department.
4. Cash Discounts: In the event that the WCDSB is entitled to a cash discount, the period of computation will commence on the receipt of a correctly completed invoice delivered to the WCDSB.
5. Payments: Payment shall be made within thirty days of the later of the date of receipt of an invoice or the date of acceptance and/or approval of the goods and services. The Board shall not purchase on a C.O.D. basis.
6. Warranties: The WCDSB is relying on the Supplier’s skill and judgment in selecting and providing both goods and services appropriate to the WCDSB’s purpose. All goods are to be free and clear of any and all liens and encumbrances, and will conform and comply in all respects with applicable safety orders, regulations and laws of any Municipal, Provincial and Federal governments. Services will be performed in a skilful and workmanlike manner to the satisfaction of the WCDSB. Goods and services which the WCDSB determines are defective or not conforming to the foregoing will be returned to or removed by the Supplier at the Supplier’s expense.
7. Shipping and Packaging: Goods will be shipped F.O.B. to the destination and on the date designated by the WCDSB, marked with the appropriate P.O. Number and shall be securely and safely packed in cartons, boxes, crates or other containers affording protection to the goods against risk of damage or loss.
8. Workplace Hazardous Materials Information System: The Supplier shall meet all WHMIS requirements as defined under the Ontario Heath and Safety Act. A current Material Safety Data Sheet conforming to WHMIS legislation must be provided by Supplier with all goods shipped which are regulated by WHMIS.
9. Force Majeure: The Supplier shall not be liable for reasonable delay in delivery due to causes beyond their reasonable control.
10. Insurance: The Supplier shall provide evidence upon request of liability insurance as follows:
a) WSIB in accordance with the laws of the Province of Ontario;
b) employer’s liability-$2,000,000 per accident, $2,000,000 Bodily Injury policy limit and $2,000,000 Bodily Injury per employee;
c) general liability $2,000,000 per occurrence; and
d) automobile liability $2,000,000 combined single limit for Bodily Injury and Property Damage.
11. Occupational Health and Safety Act: The Supplier agrees to observe strictly and faithfully the provisions of the Occupational Health and Safety Act and all regulations and rules and agrees to indemnify and save the Board harmless from any breach or breaches of the Act. The Supplier agrees to assume full responsibility for the enforcement of the Act to ensure compliance therewith and further acknowledges and agrees that any such breach or breaches by itself or any of its subcontractors may result in the immediate termination of this contract.
12. Asbestos: Materials or products containing asbestos are not acceptable to the Wellington Catholic DistrictSchool Board and are not to be used in our facilities. The Supplier shall not use WCDSB waste disposal containers and the Supplier is responsible for the removal from our sites of all waste that they generate to an approved waste facility.
13. Indemnification: The Supplier shall defend, indemnify and hold the WCDSB harmless from all claims, actions, demands, loss and causes of action arising from injury, including death, to any person, or damage to any property, arising out of or related to the activities of Supplier, its officers, subcontractors, agents or employees under this contract.
14. Access to School Yards: Vehicles shall not enter or be parked in WCDSB schoolyards without prior authorization of the school Principal or designate.
15. Services Performed on WCDSB Property: The Supplier agrees to abide and be bound by all applicable rules and regulations of the WCDSB for work done on WCDSB property. All contractors/providers are required to report to the school office upon arrival to commence work. This is an important component of the Board’s policy and non-compliance may result in the cancellation of the supplier’s contract with the Board.
16. Motorized Vehicles on School Property: While on WCDSB property, the driver of the vehicle and their assistant(s) must comply with the following:
a) Prior to entering onto WCDSB property, the vehicle, driver and any assistant(s) must have valid insurance coverage for any accidents occurring on WCDSB property;
b) Vehicles shall not be driven in the schoolyard when students are in the area unless directed by or with permission of the principal. Drivers must wait for the yard to clear before entering or leaving;
c) Vehicles must not be driven at a speed exceeding 8 kilometres per hour;
d) No vehicle shall be backed up unless there is a person on foot to guide the driver;
e) No vehicle shall be left running while parked on WCDSB property;
f) When returning to an unattended vehicle, the driver must circle the vehicle to ensure that no child is hiding behind or under the vehicle before it is driven;
g) Drivers of motor vehicles shall not operate their vehicles beyond the parking areas; and
h) All accidents, which occur on school property, must be immediately reported to the school Principal.
17. Criminal Background Checks: Suppliers covenant, acknowledge and agree:
a) to provide the WCDSB with valid “Police Record Checks” upon request, for any of their employees, agents or sub-contractors who may regularly come into direct contact with pupils while on WCDSB property;
b) to update these record checks annually;
c) that the results of these reports may be disclosed to the Ontario Education Services Corporation, or as required by the legislation, or to any other entity as the WCDSB may designate.
d) that the “Police Record Check” searches will be done with Municipal and Provincial Police Services as well as with the RCMP.
18. Identification Card, If Applicable: Prior to coming into direct contact with pupils on WCDSB property, every individual, Supplier, Supplier’s employee, agent or subcontractor performing services under a P.O. for the WCDSB must receive an Identification Card issued by the Ontario Education Services Corporation if requested.
19. Proprietary Information: Supplier shall keep confidential all information, drawings, specifications, data, intellectual property, or knowledge furnished by the WCDSB or prepared by the Supplier specifically in connection with this purchase order.
20. Changes: The WCDSB reserves the right at any time to make changes in the specifications, amount, type, and descriptions to which the product and/or service is to conform, in the methods of shipment and packaging, or in the time or place of delivery. No change by Supplier is allowed without prior written approval of the WCDSB.
21. Limitation on Assignment: The Supplier shall not assign, sell, transfer or subcontract rights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval of the WCDSB.
No such written approval shall relieve Supplier of any obligations under this contract, and the Supplier shall remain liable as if no such assignment, transfer or subcontract had occurred.