Purchase Order Terms and Conditions

  1. IDENTIFICATION: Please clearly reference the Purchase Order number on all correspondence, i.e. packages, invoices, letters, and other items. Only 1 (one) Purchase Order per package.
  2. SHIPPING ADDRESS: Ship all orders to the address indicated on the Purchase Order. Warehouse deliveries are accepted from 7:00 AM to 3:45 PM, Monday through Friday. Any shipments sent to an address other than the one indicated on the Purchase Order will be refused.
  3. DELAY IN SHIPMENT: If you cannot fill this order on or before the date specified, please notify the buyer listed on the purchase order of the expected date of delivery.
  4. DISCREPANCIES: Please contact the buyer if any item(s) on the purchase order has been canceled, discontinued, or if there is a price discrepancy.
  5. CHANGES: No change or modification in terms, quantities, delivery address or specifications may be made without express written authorization from the Contracts and Purchasing Department. No other department and/or school officer or employee may authorize changes.
  6. TERMINATION: The Superintendent may cancel this Purchase Order with or without cause upon written notification to the vendor.
  7. TRANSPORTATION: Invoices for prepaid transportation charges must be supported by the receipt of the original freight bill(s). No C.O.D. orders. All prices are freight on board (F.O.B.) Riverside, unless otherwise specified.
  8. VENDOR’S INVOICES: Invoices can either be mailed to PO Box 868, Riverside, CA 92502 or emailed to accountspayable@rcoe.us. Invoices shall contain the purchase order number, date, description of items, sizes, quantities, unit prices, extended total, place, and date of delivery. Every invoice shall be properly itemized. Only one (1) purchase order per invoice.
  9. DISCOUNTS: Please indicate discount(s) offered on the invoice. In connection with any discount(s) offered, time will be computed from date of delivery of the supplies or equipment as specified, or from the date the correct invoice(s) is received in the Accounts Payable Department if the latter date is after the date of delivery. Payment is deemed to be made, for purpose of earning discount(s), on the date of mailing the Superintendent’s warrant or check.
  10. PROMPT PAYMENT: To facilitate payment after the delivery of goods and/or rendering of services, please ensure that invoices clearly reference the purchase order number. Accounts Payable desires to pay all invoices and/or claims promptly. However, invoices and/or claims cannot be audited for payment unless all terms and conditions have been fulfilled and invoices failing to reference a Purchase Order number will result in a delay of payment.
  11. TAXES: Articles sold to the Superintendent are exempt from certain federal excise taxes. The Superintendent will reimburse the vendor for or pay directly, all California state and local sales and use taxes applicable to the purchase or use of items by the Superintendent.
  12. OSHA REQUIREMENTS: All equipment shall conform to the conditions set forth by the State of California, Department of Industrial Relations, Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA.
  13. MSDS: Material Safety Data Sheets (MSDS) are to be provided for all hazardous substances and emailed to purchasing@rcoe.us. Payment may be withheld pending receipt of MSDS.
  14. NON-DISCRIMINATION: The vendor shall comply with any and all applicable state, federal, and other laws that prohibit discrimination and retaliation including, without limitation, Title IV, Title VI and Title VII of the Civil Rights Act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination in Employment Act.
  15. HOLD HARMLESS: The vendor shall save, defend, hold harmless and indemnify the Riverside County Office of Education against any and all liability, claims, and costs of whatsoever kind and nature for injury to or death of any person(s) and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations or performance of work under the terms of this purchase order, resulting in whole or in part from the negligent acts or omissions of the vendor, subcontractor, or any employee, agent, or representative of the vendor or subcontractor.
  16. AVAILABILITY OF FUNDS: Funds are not presently available for performance under this Purchase Order beyond June 30 of the fiscal year noted on the Purchase Order. No legal liability on the part of RCOE for any payment may arise for performance under this Purchase Order beyond such date, unless and until funds are made available to RCOE for performance and vendor receives notice of availability, to be confirmed in writing by RCOE.
  17. RECORDS: Vendor will give RCOE, Comptroller General of the United States, and if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Purchase Order.
  18. DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS: Vendor certifies, to the best of his or her knowledge and belief, that the vendor and its principals:
    1. presently are not debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any federal department or agency;
    2. within the three-year period preceding the parties entering into this Agreement have not been convicted or had a civil judgement rendered against them for (i) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, (ii) violation of federal or state antitrust statutes, or (iii) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making a false statement, or receiving stolen property.
    3. presently are not indicted or otherwise criminally charged by a governmental entity (federal, state, or local) with commission of any of the offences described in paragraph B or this section; and
    4. within the three-year period preceding the parties entering into this Agreement have not had one or more public transactions (federal, state or local) terminated for cause or default.
  19. ANTI-LOBBYING: If the amount payable to the vendor pursuant to this Purchase Order will or may be in excess of $100,000, then the vendor, by acceptance and fulfillment of this Purchase Order shall be deemed and construed to have thereby certified that the vendor will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee or any agency, a member of congress, officer or employee of congress, or an employee of a member of congress in connection with obtaining any federal contract, grant, or any other award covered by the Byrd-Anti-Lobbying Amendment (31 U.S.C. 1352). Vendor shall disclose in writing to RCOE any lobbying with non-federal funds, by or on behalf of the vendor that takes place in connection with obtaining or attempting to obtain any federal award.
  20. RIGHTS TO INVENTIONS: For the performance of experimental, developmental, or research work, the federal government and the Superintendent shall retain rights to any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements”. The vendor shall hold the Superintendent, its officers, agents, and employees harmless from liability of any nature or kind, including costs and expenses for infringement or use of any copyrighted or non-copyrighted composition, secret process, patented or unpatented inventions, regarding any items, article or appliance furnished or used in connection with the purchase order. Vendors may be required to furnish a bond or other indemnification to the Superintendent against claims or liability for patent infringement.
  21. CLEAN AIR ACT: (For Purchase Orders of amounts in excess of $100,000) (42 U.S.C. 7401 et. seq.) THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251 et. seq.) The vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et. seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et.seq.) Violations shall be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
  22. GOVERNING LAW, JURISDICTION, VENUE, AND SEVERABILITY: This Purchase Order shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Purchase Order shall be filed only in the Superior Court of the State of California located in Riverside, California, and the parties waive any provision of law providing for a change of venue to another location. Prior to the filing of any legal action, the parties shall be obligated to attend a mediation session with a third party mediator in an attempt to resolve the dispute. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. Should action be brought to enforce or interpret the provisions of the Purchase Order, the prevailing party shall be entitled to attorney’s fees in addition to whatever other relief are granted.