PURCHASE ORDER TERMS, CONDITIONS AND INSTRUCTIONS
This order is subject to the following terms and conditions, and by accepting the order, or any part thereof, Seller accepts all said terms.
1. DEFINITION. “Buyer” means Mt. San Antonio College, and “Seller” means the person, firm, or corporation from whom the item or service has been ordered.
2. Seller’s terms in accepting or acknowledging this order shall not be binding upon Buyer unless accepted in writing by Buyer.
3. Seller’s acceptance of this order’s terms may be in writing, the shipment of any item, or commencement of Seller’s performance.
4. Seller may not assign this order without Buyer’s prior written consent.
5. Orders for merchandise without a written Purchase Order or verbal Purchase Order number shall not be honored by Buyer.
6. This order may not be varied or modified by any oral statement of the parties hereto or by any written statement of the Seller.
INVOICES, PACKING SLIPS, MSDS
7. Purchase Order number must appear on all invoices, packing slips, packages and correspondence.
8. Invoices must be itemized, showing quantity, unit price, labor material, State taxes, and shipping charges, if approved.
9. Invoices must be sent ONLY to: Mt. San Antonio College, Accounts Payable, 1100 North Grand Avenue, Walnut, California 91789.
10. A Material Safety Data Sheet (MSDS) shall accompany all products supplied herein which are deemed to be toxic or otherwise hazardous.
SHIPPING AND DELIVERY
11. Time is of the essence. If Seller cannot ship without delay, immediately notify Buyer’s Purchasing Department and provide probable date of delivery.
12. All items MUST be delivered to Buyer Central Receiving, located on Bonita at Temple, unless authorized by Buyer’s Purchasing Department.
13. Buyer will not be responsible for any item delivered without a Purchase Order.
14. In the event of Seller’s failure to deliver as and when specified, Buyer reserves the right to cancel this order or any part thereof without prejudice to its other rights, and Seller agrees that Buyer may return part or all of any shipment so made and may charge Seller with any loss or expense sustained as a result of such failure to deliver.
15. Price deviations and substitutions in kind permitted ONLY as authorized by Buyer Purchasing Department.
16. All items must be prepaid to point of destination indicated. Exceptions are subject to approve by Buyer Purchasing Department.
17. No boxing, packaging or cartage charges will be allowed unless specifically authorized in writing by Buyer.
18. The cash discount period to Buyer will be figured from the date the invoice or item is received by Buyer, whichever is later.
19. All items are subject to Buyer’s inspection within a reasonable time after arrival at the ultimate destination. If upon inspection any
item is found to be unsatisfactory, defective, or of inferior quality or workmanship, or fails to meet the specifications or any other requirements of this order, Buyer may return such item to Seller at Seller’s expense. Payment for item prior to inspection shall not be construed to be an acceptance of unsatisfactory or defective item. Seller shall reimburse Buyer for the purchase price of such returned item paid by Buyer and any costs incurred by Buyer in connection with the delivery or return of such item.
20. Seller warrants that the item will conform to its description and any applicable specifications, shall be of good merchantable quality and fit for the known purpose for which it is sold. This warranty is in addition to any expressed warranty or service guarantee given by Seller to Buyer.
21. Seller warrants that the item is free and clear of all liens and encumbrances and that Seller has clear title at the time title passes to Buyer.
22. Seller warrants that the item complies with the accessibility requirements of section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C § 794d), and its implementing regulations set forth in Title 36, Code of Federal Regulations, part 1194. Seller agrees to indemnify and hold harmless the Buyer, the Chancellor’s Office of California Community Colleges, and any California Community College using Seller’s products or services from any claim arising out of its failure to comply with said requirements.
Failure to comply with these requirements shall constitute a breach and be grounds for termination of this order.
23. Seller shall comply with all other State, Federal, and local laws, regulations, or orders applicable to the purchase, manufacturing, processing, construction, installation, servicing and delivery of the item. Seller shall reimburse Buyer for any loss incurred by Seller’s failure to comply.
24. Seller shall indemnify and hold harmless Buyer from and against any and all loss, liability or expense by reason of any claim or suit for alleged infringement of any copyright, trade mark, or patent relating to any item furnished hereunder and shall defend such claim or suit and pay all costs and expenses incidental thereto.
LIABILITY OF SELLER
25. If any item sold and delivered hereunder is defective in any respect whatsoever, Seller shall indemnify and hold harmless Buyer from all loss or the payment of all sums of money by reason of all accidents, injuries, or damages to persons or property that may occur in connection with the use of such item and are contributed to by said defective condition.
26. Seller will hold Buyer harmless from any or all damages or liability arising out of death or injuries to persons or damage to property proximately caused by the negligence of Seller or his agents, servants or employees.
27. Seller is responsible for any and all loss or damage to the item until delivered to Buyer at the F.O.B. point specified on this order.