NAC333.116. Acceptance of goods by using agency; location of delivery; refusal of delivery.

     1. A using agency shall inspect and count any goods it acquires pursuant to the provisions of this chapter and chapter 333 of NRS within 8 business days after the using agency receives the goods.

     2. If, after performing the inspection required pursuant to subsection 1, a using agency determines that the quantity, condition or specifications of goods received does not comply with the purchase order for the goods, the using agency shall notify the Division and the vendor of the goods within 8 business days after the using agency receives the goods. If the using agency fails to notify the Division and the vendor of the goods of such an error within 8 business days after the using agency receives the goods, the order shall be deemed accepted by the using agency and the using agency shall comply with the provisions of NRS 333.460 for the payment of the vendor. If the using agency fails to comply with the provisions of NRS 333.460, the Division is not liable for any late fees assessed by the vendor, and the using agency is responsible for pursuing any legal remedies or defenses relating to the payment of the vendor.

     3. If a using agency wishes to change the location at which goods are to be delivered, the using agency must notify the Division in writing before the date on which the vendor ships the goods. If the Division cannot change the location before the delivery of the goods, the using agency must receive the goods at the original location. If the using agency can change the location, the using agency must pay any additional fees charged by the vendor for changing the location of the delivery.

     4. If a using agency refuses delivery of goods that were shipped in accordance with the using agency’s written instructions, the using agency must pay the costs of shipping the goods to and from the location of the using agency and any fees assessed by the vendor for restocking.

     5. If a using agency requests that goods be delivered to an additional location, the using agency must pay any costs in addition to the original delivery.

     6. If a using agency has several organizational units at one location, the using agency is responsible for ensuring that the proper organizational unit receives the goods delivered to that location.

     (Added to NAC by Chief of Purchasing Div. by R078-01, eff. 12-17-2001)