Terms & Conditions
Terms and Conditions that apply to all FNSBSD Purchase Orders
TERMS & CONDITIONS OF PO CONTRACT
1. CONTRACT. Issuance of an authorized Purchase Order (PO) by the Buyer (FNSBSD or "District"), to a Vendor (the Seller), shall be construed as an offer to purchase the goods listed thereon, at the specified price. Acceptance of the offer by the Seller may be made by acknowledgment of the PO, delivery of the goods or services, or initiation of performance. Acceptance is limited to the terms stated herein. Any additional or different terms and conditions proposed by the Seller are rejected unless expressly agreed to in writing by an authorized representative of the Buyer’s Purchasing Department. If this PO is issued in response to a Seller’s bid or proposal, this PO shall be construed as an acceptance of an offer; unless otherwise stated in the solicitation, the terms and conditions of the solicitation, the Seller’s offer, and this PO shall constitute the contract documents.
2. MODIFICATION. The terms or conditions of a contract shall not be modified without the written consent of the Buyer. If a PO is used or modified without the written consent of the Buyer, or in violation of District policy or other applicable law, then all parties so using or modifying the purchase order may be subject to personal liability for costs and damages.
3. WARRANTIES. The Seller warrants all articles, material, equipment, or scope of work supplied under this contract conform to the specifications of this contract, are fit and sufficient for the use intended, and are of merchantable quality. Seller assumes risk of loss or damage for any equipment, articles, and/or materials received which do not conform to the above warranties. The Seller also warrants the equipment, articles, and/or materials furnished under this contract are unencumbered and not subject to any lien or claim.
4. WAIVER. The waiver of any breach of the terms of this contract by the Buyer shall not constitute a waiver of any subsequent breach, nor shall any payment for goods delivered constitute such a waiver.
5. INDEMNIFICATION. The Seller agrees to hold the Buyer harmless from, and to defend it against, any and all claims arising from the purchase, installation, and/or use of the equipment, articles, and/or material which are the subject of this contract. As a duly incorporated political subdivision of the State of Alaska, the Fairbanks North Star Borough (FNSB), including the FNSBSD, cannot provide indemnification under Alaska Statutes 29.35.010(9), and 29.35.100(b), which prohibit the FNSB from incurring obligations except in accordance with appropriations through its Assembly.
6. INSURANCE. Applicable to goods; unless delivery is to be made via common carrier, Seller shall maintain comprehensive automobile liability insurance coverage, limit of $1,000,000 combined single limit, covering any one of the following combinations of vehicles: (a) any auto, (b) all owned, non-owned, and hired autos, or (c) scheduled and non-owned and hired autos. Applicable to services; Commercial General Liability, limit of $1,000,000 unless otherwise agreed upon in writing. The FNSBSD must be listed as Additional Insured on certificates for General Liability. Workers’ Compensation policy (where applicable) must contain a waiver of subrogation in favor of the FNSBSD. Certificates shall be issued to:
Fairbanks North Star Borough and School District
P.O. Box 71267
Fairbanks, AK 99707
7. JURISDICTION. The laws of the State of Alaska shall govern the rights and duties of the parties under this contract; unless otherwise stated in the contract terms, any action or proceeding arising from this contract shall be brought in the Fourth Judicial District of the State of Alaska.
8. PAYMENT. Unless otherwise agreed to in writing between the Buyer and the Seller, the Seller shall extend NET 30 Terms; payment to be made (30) days from receipt of goods and receipt of the Seller’s proper invoice. As a tax-exempt entity, the Buyer will not pay state/local taxes, interest, or late charges.
The Buyer’s PO number must appear on all invoices. Invoices shall be submitted to FNSBSD Accounts Payable electronically whenever possible; EMAIL invoices to: accountspayable@k12northstar.org
or MAIL invoices to: FNSBSD Accounts Payable, 1300 Minnie Street, Fairbanks, AK 99701-2809
9. SAFETY DATA SHEETS (SDS or MSDS). In accordance with SARA (Superfund Amendments and Reauthorization Act) Title III, Sellers are required to provide material safety data sheets (SDS) for all hazardous and potentially hazardous materials shipped pursuant to this purchase order.
10. SHIPPING INSTRUCTIONS.
a. Unless otherwise specified, Seller shall deliver or have delivered all items specified in the order FOB-Destination to the final destination indicated as the "Ship to” address on the Purchase Order.
b. Unless otherwise specified, shipments will be via the cheapest common carrier. The Seller will prepay and list applicable shipping charges separately on invoices less federal transportation taxes because the Buyer is exempt from federal excise and transportation taxes. The Seller must attach to the invoice substantiation for all freight and express charges. The Buyer will not accept COD shipments.
c. Unless otherwise specified, this PO is issued for “prompt or immediate shipment” of the goods contained thereon; delivery will be made not later than 30 days after receipt of the PO. “Time is of the essence” for this contract and the PO is subject to cancellation for failure to deliver on time.
d. Sub-Arctic Climate. The Seller is advised that Fairbanks, Alaska is located in a sub-arctic climate zone and should plan shipments of any product subject to freezing and subsequent damage by a heated means of conveyance. Shipments are subject to below freezing temperatures from September through April.
e. The Buyer’s PO number must appear on all invoices, packing lists, packages, shipping notices, and correspondence. Memorandum of contents shall be enclosed in each box or package.