Content.
Dispute Resolution—Mediation and Arbitration
Synopsis.
AIA Document A152–2019 is a purchase order agreement that is intended for situations where a Purchaser will buy goods from a Vendor. A152 is an agreement for the sale of goods and is governed by the law of the place where the Project is located, including the jurisdiction’s Uniform Commercial Code as adopted.
A152 can be used to buy nearly any kind of goods. In A152, the Vendor is responsible for selling goods to the Purchaser and, unless otherwise agreed, delivering the goods to the Project site. A152 allows the parties to enter a description of the goods, identify the price and payment terms, and add delivery requirements.
In situations where the Vendor will perform onsite work, such as assembly or installation, the parties should use a different agreement, such as an owner/contractor agreement or A151™–2019, Standard Form of Agreement Between Owner and Vendor for Furniture, Furnishings, and Equipment (FF&E), as appropriate. A152 is drafted to be used in conjunction with A152–2019, Exhibit A, Terms and Conditions. For use and execution of a document, see its instructions »
Purpose.
AIA Document A152–2019 is a purchase order agreement that is intended for situations where a Purchaser will buy goods from a Vendor. A152 is an agreement for the sale of goods and is governed by the law of the place where the Project is located, including the jurisdiction’s Uniform Commercial Code as adopted.
A152 can be used to buy nearly any kind of goods. In A152, the Vendor is responsible for selling goods to the Purchaser and, unless otherwise agreed, delivering the goods to the Project site. A152 allows the parties to enter a description of the goods, identify the price and payment terms, and add delivery requirements. In situations where the Vendor will perform onsite work, such as assembly or installation, the parties should use a different agreement, such as an owner/contractor agreement or A151–2019, Standard Form of Agreement Between Owner and Vendor for Furniture, Furnishings, and Equipment (FF&E), as appropriate. A152 is drafted to be used in conjunction with A152–2019, Exhibit A, Terms and Conditions.
Related documents.
A152-2019 can be used with many of the documents in the AIA’s library of contract documents; however, it has been coordinated for use with the following documents in the AIA’s Interiors Family:
B152™–2019, Standard Form of Agreement Between Owner and Architect for Interior Design and Furniture, Furnishings, and Equipment (FF&E) Design Services
B252™-2019, Standard Form of Architect’s Services: Interior Design and Furniture, Furnishings, and Equipment (FF&E) Design Services
B253™-2019, Standard Form of Architect’s Services: Furniture, Furnishings, and Equipment (FF&E) Design Services
B254™-2019, Standard Form of Architect’s Services: Purchasing Agent Services for Furniture, Furnishings, and Equipment (FF&E)
A751™–2019, Invitation and Instructions to Vendors for Quotations for Furniture, Furnishings, and Equipment (FF&E)
Dispute Resolution—Mediation and Arbitration.
This document contains provisions for mediation and arbitration of claims and disputes. Mediation is a non-binding process but is mandatory under the terms of this agreement. Arbitration may be mandatory under the terms of this agreement. Arbitration is binding in most states and under the Federal Arbitration Act. In a minority of states, arbitration provisions relating to future disputes are not enforceable but the parties may agree to arbitrate after the dispute arises. Even in those states, under certain circumstances (for example, in a transaction involving interstate commerce), arbitration provisions may be enforceable under the Federal Arbitration Act.
The AIA does not administer dispute resolution processes. To submit disputes to mediation or arbitration or to obtain copies of the applicable mediation or arbitration rules, contact the American Arbitration Association at (800) 778-7879 or visit the website at adr.org.