Purchasing

GENERAL

1.) DEFINITION. "Buyer" means Beaumont-Unified School District, and "Seller" means the person, firm, or corporation from whom 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 the district.

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 with Purchasing modified Purchase Order.

7.) Any labor over $1,000 provided to the district must be in accordance with PCC 1770 and registered with the Department of Industrial Relations.

INVOICES, PACKING SLIPS, MSDS

8.) Purchase Order number must appear on all invoices, packing slips, packages and correspondence.

9.) Invoices must be itemized, showing quantity, unit price, labor material, State taxes, and shipping charges, if approved.

10.) Invoices must be sent in DUPLICATE to Beaumont Unified School District, Accounts Payable, 350 W. Brookside Ave., Beaumont, Ca 92223 or emailed to [email protected].

11.) A Material Safety Data Sheet (MSDS) shall accompany all products supplied herein which are deemed to be toxic or otherwise hazardous.

SHIPPING & DELIVERY

12.) Time is of the essence. If Seller cannot ship without delay, immediately notify Buyer's Purchasing Department, (951) 8456-1631 or [email protected] and provide probable date of delivery.

13.) All items MUST be delivered to the location specified on the Purchase Order, unless authorized by the Buyer’s Purchasing Department.

14.) The district will not be responsible for any item delivered without a Purchase Order.

15.) 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.

PRICE

16.) Price deviations and substitutions in kind permitted ONLY as authorized by Purchasing Department Buyer.

17.) All items must be prepaid to the point of destination indicated. Exceptions are subject to approval by the Purchasing Department Buyer.

18.) No boxing, packaging or cartage charges will be allowed unless specifically authorized in writing by Buyer.

19.) The cash discount period to Buyer will be figured from the date the invoice or item is received by Buyer, whichever is later.

INSPECTIONS

20.) All items are subject sites’ inspection within a reasonable time after arrival at the ultimate destination. If upon inspection, any 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, within 30 days. Payment for an 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 deliver or return of such item.

WARRANTIES

21.) The 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.

22.) 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.

23.) Seller shall comply with all other State, Federal, and local laws, regulations governed by and construed according to the laws of the State of California, 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, trademark, or patent relating to any items furnished hereunder and shall defend such claim or suit and pay all cost 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 approximately 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.

28.) A vendor must provide the proper General Liability, auto, and workers comp to the Purchasing Department prior to delivering on District property.

OTHER

29.) Seller agrees not to release any advertising copy mentioning Buyer or quoting the opinion of any of Buyer's employees unless such copy is approved by Buyer before release.

30.) Negotiation of either quantity or trade discounts with suppliers for all purchases shall be by the Assistant Superintendent of Business designee only. District prohibits the use of gifts, incentives, inducements, favors, monetary returns, either promised or given, and/or rebates of any kind (hereinafter referred to as "Incentives") that do not accrue directly to the district. Any supplier attempting to or providing such incentives shall result in the immediate termination of any existing and future order to that supplier and District will take any and all appropriate actions deemed necessary by the district, including but not limited to referral to local law enforcement authorities.