Standard Terms and Conditions
All Purchase Orders, Blanket Purchase Orders, Maintenance Contracts, and any other contracts issued by the Ïã¸ÛÁùºÏ²Ê¹ÙÍø Purchasing Department are subject to these standard terms and conditions unless specifically stated otherwise by Purchasing.
- Applicable Law. The contract resulting from this order shall be governed by the laws of the State of California.
- Delay in Shipment. If you cannot fill this order by the date shown, please notify the District Purchasing Department immediately with a probable date of delivery. Do not substitute without prior authorization from the Purchasing Department.
- Invoices. Invoices shall be prepared and submitted in duplicate to the Accounts Payable Department. Invoices shall contain purchase order number and date, description of items, sizes, quantities, unit prices, extended totals, place and date of delivery. Invoices not printed on bill heads shall be signed by the vendor or person furnishing the supplies or service. Every invoice shall be properly itemized. Invoices must be received within one year of receipt of goods/services.
- Payment of Invoices. The Ïã¸ÛÁùºÏ²Ê¹ÙÍø desires to pay all bills promptly. However, claims cannot be audited for payment unless or until these instructions have been completely complied with. Upon satisfactory delivery of purchased goods (including setup and installation when required) and/or completion of service to the District and receipt of a correct invoice in duplicate by the District’s Accounts Payable Department, the District will pay provider the amount due. Invoices are processed at least once a month; therefore, it is the policy of the District to take any and all discounts without regard to date of invoice. In accordance with Government Code 926.10, vendor is entitled to interest of 6% per annum, commencing 61 days after invoice, for undisputed late payments.
- Completion of Orders. The district reserves the right to withhold payment until order is completed.
- Assignment of Contract. The provider agrees not to assign, transfer, convey, sublet, or otherwise dispose of the items appearing on this purchase order, or any rights occurring thereunder, title, or interest therein, funds to be received hereunder, or any power to execute the same without consent in writing to the Director of Purchasing. Notice is hereby given that the District will not honor any assignments made by the seller unless the consent in writing, as indicated above, has been given.
- FOB Point and Shipping Charges. It is understood that the seller agrees to deliver all items on this order PREPAID unless otherwise specified. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by the District unless otherwise expressly included or Unless otherwise shown on this purchase order on “FOB Shipping Point” transactions, vendor shall arrange for the lowest cost transportation, prepay and add freight to in voice, and furnish supporting freight bills over $50.00.
- Liabilities. The vendor shall hold the Ïã¸ÛÁùºÏ²Ê¹ÙÍø, its officers, agents and employees harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret purpose, patented or unpatented invention, article or appliance furnished or used in connection with the contract or purchase order. Vendors may be required to furnish a bond or other indemnification to the District against claims or liability for patent infringement.
- Taxes. The District will reimburse the vendor for, or pay directly, all California State and local sales and use taxes applicable to the purchase of items by the Ïã¸ÛÁùºÏ²Ê¹ÙÍø.
- Accessibility of Information Technology. By accepting this purchase order, the vendor hereby warrants that the products or services to be provided under a purchase order comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29 S.C. § 794d), and its implementing regulations set forth at Title 36, Code of Regulations, part 1194. Vendor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services which is brought to its attention. Vendor further agrees to indemnify and hold harmless the District from and against any claim arising out of its failure to comply with these requirements.
- MSDS. Provide MSDS if appropriate, referencing the purchase order number. Failure to comply may result in delay of payment. Mail to: Ïã¸ÛÁùºÏ²Ê¹ÙÍø Purchasing Department, 1171 Fulton Street, Fresno, CA 93721.
- Inspections. All material furnished must be in conformity with the specifications and will be subject to inspection and approval of the District. The right is reserved to reject and return at risk and expense of the seller such portion of any shipment which may be defective or fail to comply with specification, without invalidating (at the option of the Director of Purchasing) the remainder of the order.
- Brands. Unless otherwise stated, the use of the manufacturer’s name, brand or number in describing items listed indicates the quality and utility of the items desired, and must be adhered to.
- Changes. No change or modification in terms, quantities, or specifications may be made without express authorization in writing from the Director of Purchasing. Only terms and conditions as stated above, or on the face of the purchase order, or by reference on the face of the purchase order shall be considered part of this contract without express mutual consent of the parties.