FI960-21 - Exh1 - Sample Purchase Order.pdf

MARION COUNTY

FINANCE DEPARTMENT

PO Box 14500 555 Court St NE #4247 Salem, OR 97309-5036

Purchase Order Purchase Order No Revision Page

Ship To:

Bill To:

Customer Acct No Supplier No Order Date / Buyer Revised Date / Buyer

Payment Terms Ship Via F.O.B

Freight Terms Request Or Deliver To Confirm To / Telephone

Total

INSTRUCTIONS TO VENDOR

1. Please direct any questions concerning this purchase order to invoiced department.

2. Purchase Order Number must appear on all invoices, packages and shipping documents relating to this order.

3. Separate invoices must be submitted for each Purchase Order.

4. Do not overship or substitute.

5. If you cannot supply the items requested, please notify issuing authority at once.

Note : Please notify department contact (above) for all inquiries regarding this Purchase Order

Authorized By:_______________________________________

MARION COUNTY PURCHASING

NOT VALID Unless Signed By Purchasing

Line # Description Delivery Date Quantity Unit Unit Price Total

SAMPLE

MARION COUNTY –TERMS AND CONDITIONS

1. INSPECTIONS: County may inspect and test the Goods and related Services (collectively, Goods). County may reject non-conforming Goods and require Contractor to correct them without charge or deliver them at a reduced price, as negotiated. If Contractor does not cure any defects within a reasonable time, County may reject the Goods and cancel the PO in whole or in part. This paragraph does not affect or limit County's rights, including its rights under the Uniform Commercial Code, ORS chapter 72 (UCC).

2. DELIVERY: Deliveries will be F.O.B destination. Contractor shall pay all transportation and handling charges. Contractor is responsible and liable for loss or damage until final inspection and acceptance of the Goods. Contractor remains liable for fraud.

3. PAYMENT: County shall pay Contractor within 30 days from the date the invoice is received.

4. COUNTY PAYMENT OF CONTRACTOR CLAIMS: If Contractor does not pay promptly any claim that is due for Goods or Services furnished to the Contractor by any subcontractor in connection with this PO, the County may pay such claim and charge that payment against any payment due to the Contractor under this PO. The County’s payment of a claim does not relieve the Contractor or its surety, if any, from their obligations for any unpaid claims.

5. WARRANTIES: Contractor represents and warrants that the Goods are new, current, and fully warranted by the manufacturer.

6. INDEMNIFICATION. The Contractor shall save harmless, indemnify, and defend the County for any and all claims, damages, losses and expenses including but not limited to reasonable attorney’s fees arising out of or resulting from Contractor’s performance of or failure to perform the obligations of this PO to the extent same are caused by the negligence or misconduct of Contractor or its employees or agents, as a reseller of Microsoft products and services.

7. GOVERNING LAW, VENUE: This PO shall be governed by the laws of the State of Oregon. Any action commenced in connection with this PO shall be in the Circuit Court of Marion County. All rights and remedies of the County shall be cumulative and may be exercised successively or concurrently. The foregoing is without limitation to or waiver of any other rights or remedies of the County according to law.

8. FORCE MAJEURE: Neither party is responsible for delay or default caused by an event beyond its reasonable control. County may terminate this PO without liability to Contractor upon written notice after determining the delay or default reasonably prevents performance of this PO.

9. SUBCONTRACTING/NONASSIGNMENT. No portion of the PO may be contracted or assigned to any other individual, firm or entity without the express and prior approval of the County.

10. MAINTENANCE, RETENTION, AND CONFIDENTIALITY OF

RECORD. The Contractor agrees to establish and maintain records directly related to this contract procurement shall be retained for a minimum of three (3) years after the end of the contract period. If there are unresolved audit questions at the end of the three-year period, the records must be maintained until the questions are resolved. To the extent applicable, client records shall be kept confidential in accordance with ORS 179.505, OAR 309-11-020, 45 CFR 205.50 and 42 CFR Part 2.

11. COMPLIANCE WITH APPLICABLE LAWS: The Contractor shall comply with all applicable Federal, State and local laws, rules and regulations. All provisions of ORS 279B (Public Contracts and Purchasing) are incorporated herein to the extent applicable to POs.

12. WORKERS' COMPENSATION: Contractor shall comply with ORS

656.017 and provide the required workers’ compensation coverage, unless exempt under ORS 656.126(2). Contractor shall ensure that its Subcontractors, if any, comply with these requirements.

13. SAFETY AND HEALTH REQUIREMENTS: Contractor represents and warrants that the Goods comply with all federal and Oregon safety and health requirements.

14. MATERIAL SAFETY DATA SHEET: Contractor shall provide County with a Material Safety Data Sheet for any Goods which may release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use (OAR 437- 002-0360 and 29 CFR 1910.1020).

Contractor shall label, tag or mark such Goods.

15. AMENDMENTS: All amendments to this PO must be in writing, signed by County.

16. SEVERABILITY: If a court of competent jurisdiction declares any provision of this PO to be invalid, the other provisions and the rights and obligations of the parties remain in effect.

17. WAIVER: Failure of either party to enforce any provision of this PO is not a waiver or relinquishment of that party’s rights to such performance in the future or to enforce any other provisions.

18. TAX CERTIFICATION: Contractor hereby certifies under penalty of perjury: (a) the number shown on this form is the correct Federal Employer Identification Number; (b) it is not subject to backup withholding because (i) it is exempt from backup withholding, (ii) it has not been notified by the IRS that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Contractor that it is no longer subject to backup withholding; and (c) it is not in violation of any Oregon tax laws.

19. LIMITATION OF LIABILITY: Contractor’s liability shall be limited to its obligations as a reseller of the Third Party Product. Contractor (and its suppliers) shall have no liability for any direct damages resulting from County’s use or attempted use of Third-Party Software, Free Software or Development Tools, all defined in the EULA, or Third Party Products.

SAMPLE