PURCHASE ORDER – TERMS AND CONDITIONS

1.    Acceptance

The Seller, by accepting this purchase order, agrees that all Terms and Conditions hereinafter stated and listed on the face side hereof, are parts of this order. The terms and conditions of this Purchase Order shall govern over any inconsistent term or condition of any invoice.

2.    Invoicing / Pricing

a.    Material on this order is to be furnished at a price or prices no higher than previously charged without written consent from the Purchasing Department, unless price or prices applying have been quoted and accepted.

b.    Invoices subject to cash discount should be mailed on day they are dated. If they are not, discount period will begin on the day bills are received by Ordering Department. All invoices must indicate Purchase Order number. Do not combine invoice items on more than one Purchase Order.

c.    All prices must be F.O.B. delivery point where specific purchase is negotiated F.O.B. shipping point, the vendor is to prepay shipping charge and add to the invoice.

3.    Delivery

Unless otherwise specified, this order is for immediate delivery. We reserve the right to cancel any portion of this order if shipment is not received on the date or dates specified.

4.    Quantities

County assumes no obligation for material shipped in excess of specifications or shipping releases. No charges may be made in this order without prior written authorization of the Purchasing Department.

5.    Compliance with Specifications

The Seller warrants that all material and / or work will conform to applicable drawing, specifications, samples and / or other descriptions given to the Seller, and will be free of defects, and that all material and workmanship will be of Seller’s highest quality unless otherwise specified in writing by the Buyer.

Without limitation of any rights which Buyer may have at law by reason of breach of warranty, goods which are not warranted may at any time within twelve months after delivery be returned, at Seller’s expense, for either credit or replacement as Buyer may direct.

6.    Samples or Proofs

If seller is required to furnish samples or proofs hereunder, seller shall not produce/deliver any material specified herein until Buyer has approved in writing such samples or proofs.

7.    Warranty

a.    With regard to the labor, work and construction required of Vendor under this Purchase Order, and in addition to other warranties arising by operation of law or offered by Vendor, Vendor warrants to the County that;

(i)    title to all work, covered by application of Vendor for payment, will pass to the County either by incorporation in the construction or upon receipt of payment by the Vendor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances.

(ii)   the work shall be performed in a first class and workmanlike manner; the work shall be of good quality, free from faults and defects, and in conformity with this Purchase Order;

(iii)   if, within thirty days after the day of final acceptance of the work, any of the work if found to be defective or not in accord with the Purchase Order, the Vendor shall correct it promptly after receipt of a written notice from the County to do so unless the County has previously given the Vendor a written acceptance of the defective or nonconforming condition; the County shall give such notice promptly after discovery of such condition.