PURCHASE ORDER STANDARD TERMS AND CONDITIONS
THE FOLLOWING PROVISIONS WILL BE MADE PART OF THE PURCHASE ORDER CONTRACT, AND VENDOR BY ACCEPTANCE OF AN ORDER AGREES THERETO:
- The District will not be liable for goods furnished without a valid purchase order signed by the Purchasing Manager.
- Detailed invoices must be mailed directly to the Purchasing Department at the Educational Service Center, 2727 North Ferry Street, Anoka, Minnesota, 55303.
- All correspondence, including but not limited to: shipping labels, invoices, and packing lists must clearly indicate the purchase order number.
- No alternation of any of the terms, conditions, delivery, price, quantities, or specifications of this order will be effective without prior written consent of the Purchasing department – or a revised purchase order.
- Attached lists of materials, specifications, or drawings shall form part of this purchase order where references is made thereto.
- Discount period begins upon receipt of invoice, date product is received, or date any applicable discrepancy is resolved, whichever is later. Non-discountable invoices will be paid thirty five (35) days after receipt of invoice, date product is received, or date any applicable discrepancy is resolved whichever is later.
- Vendor must supply right to know information appropriate to this order for OSHA compliance and that any shipment of hazardous materials shall comply with all federal and state regulations and be accompanied by a current material safety data sheet (MSDS).
- The District is exempt from Minnesota State sales tax. Exemption certificate will be furnished upon request.
- By accepting this purchase order you comply that you are neither suspended nor debarred from doing business with the Federal Government.
- If the vendor is unable to fulfill the purchase order under the terms and conditions of this purchase order, the District reserves the right to cancel the order in part or whole and purchase the merchandise on the open market.
- All items and services provided by the vendor must comply in quality, type of materials and methods of manufacture with all applicable local, state and federal laws pertaining thereof.
- All products delivered will be in class "A" quality, with a 100% satisfaction guarantee. The District will not be responsible for any costs related to the delivery of unacceptable or defective items. Should the merchandise be delivered in an unacceptable condition, the District requires the Vendor to provide a return authorization and replacement for the merchandise, in a timely manner.
- The Vendor warrants that the merchandise will conform to the District's description and any applicable specifications shall be of good merchantable quality, free from any defects and fit for the known purpose for which it is sold. This warranty is in addition to any standard warranty or service guarantee given by the Vendor to the District or any warranty provided by law.
- All merchandise shall be delivered to the District warehouse (unless otherwise indicated on the Purchase Order), during business hours, 7:00 a.m. to 2:00 p.m. Local Time, Monday through Friday, excluding District holidays. Merchandise delivered in packages, cartons or crates are accepted only with the guarantee that upon the removal from such packaging, they are found in first class condition without any defect or they must be removed and replaced without additional charge to the District.
- The vendor agrees to indemnify the District and hold it harmless from and against all liability, loss and expense (including legal fees) for all damages and/or bodily injuries (including death) resulting from the actions, errors, omissions or negligence of the Seller, its directors, officers, employees, agents, contractors or subcontractors, including, but not limited to, any defect in material, any defect in services, workmanship, design of any goods furnished, patent and/or copyright infringements or violations, and/or failure to follow or abide by any and all governing laws, ordinances, codes and regulations.
- Non-appropriation, the District reasonably believes that budgeted funds will be obtained sufficient to make all payments. Continuation of any agreements beyond June 30th of any year is contingent upon appropriation of budgeted funds for payment of that contract. In the event that adequate funds are not so appropriated, the District shall notify the vendor as soon as possible prior to the necessary cancellation and no penalty in any form shall be levied against the District because cancellation of any part or all of the equipment required by failure of appropriation.