Terms & Conditions
Terms & Conditions that apply to all Purchase Orders
TERMS AND CONDITIONS OF PURCHASE ORDER CONTRACT
1. CONTRACT. Unless bids were received, issuance of a Purchase Order (PO) shall be construed as an offer to purchase the goods listed hereon at the specified price. Acceptance of the offer by the Seller may be made by acknowledgment of the PO 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. 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 this contract shall not be modified without the written consent of the Buyer. If this 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 this 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 to conform to the specifications of this contract, to be fit and sufficient for the use intended, to be 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 District 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 District 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), 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: FNSB & School District, ATTN: Risk Management, 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. Any action or proceeding arising from this contract shall be brought in the Fourth Judicial District of the State of Alaska.
8. PAYMENT. Payment shall be made (30) days from receipt of goods and Seller’s proper invoice. The District 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:
Fairbanks North Star Borough School District
Accounts Payable
520 Fifth Avenue
Fairbanks, AK 99701
Email invoices to Accounts Payable, at accountspayable@k12northstar.org
9. MATERIAL SAFETY DATA SHEETS (MSDS or SDS). 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 this order to the final destination indicated as the ‘Ship to” address on the obverse of this order.
b. Unless otherwise specified, shipments will be via the cheapest common carrier. The Seller will prepay and list the shipping charges separately on invoices less federal transportation taxes because the District is exempt from federal excise and transportation taxes. The Seller must attach to the invoice substantiation for all freight and express charges. The District cannot accept COD shipments.
c. Unless otherwise specified, this PO is issued for “prompt or immediate shipment” of the good contained thereon. Unless otherwise specified, delivery will be made not later than 30 days after receipt of this PO. “Time is of the essence” for this contract and this PO is subject to cancellation for failure to deliver on time.
d. Sub-Arctic Climate. The Seller is advised that Fairbanks 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 invoice, packing lists, packages, shipping notices, and correspondence. Memorandum of contents shall be enclosed in each box or package.