Solicitation by Salesmen

Policy 509.3

Introduction

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Definitions

Definition phrase or word

Definition summary

Policy and Procedure Statements

All interaction between Appalachian State University employees and salespeople is regulated by North Carolina General Statutes, sections 14-234 and 133-32. Basically, it is unlawful for salespeople to provide gifts or favors to university employees and it is unlawful for university employees to accept gifts or favors from a vendor if they have any responsibility for making or administering a contract with that vendor. Violation of State law or university policies governing the purchasing function may be cause for disciplinary action up to and including termination of employment and criminal prosecution.

Sales Agreement - State policy requires that supplies and materials be obtained from State contracts or by competitive bidding (except for certain small order requests). Only the University Purchasing Office has the authority to enter into a sales agreement on behalf of the university.

Salespeople are encouraged to visit departments to keep them informed of new items being introduced and to assist departments by providing information on various technical aspects of the products.

No Consignment Agreements - It is not permissible for a department to receive materials on consignment pending issuance of a confirming purchase order. Receipt of equipment for demonstration purposes is permissible provided no obligation is made to the vendor to purchase the equipment.

Insurance - All insurance for the safety of equipment on demonstration must be borne by the vendor. Shipping charges, both to and from the University, are the vendor's responsibility.