ACCEPTANCE OF PURCHASE ORDER
A Purchase Order is provided for immediate acceptance by the Vendor. Unless promptly notified to the contrary, Lisle Community Unit School District 202 (the “District”) will assume the Vendor’s acceptance and that the Vendor will make delivery as specified. Invoices must be mailed or emailed to the District, as specified on the Purchase Order. All prices on invoices must be F.O.B. Destination.
MODIFICATION
Any substitutions or alterations of any kind or changes in the price of merchandise must receive prior District approval.
QUANTITY
Quantities furnished in excess of those specified in the Purchase Order will not be accepted.
SUBSTITUTION
Vendor shall make no substitutions or changes in the Purchase Order without prior written authorization from authorized District personnel.
ASSIGNMENT
The Vendors obligations under this Purchase Order may not be assigned or transferred to others without prior written authorization from authorized District personnel.
INSPECTION
Materials or equipment purchased are subject to inspection and approval at the District's destination. The District reserves the right to reject and refuse acceptance of items which are not in accordance with the instructions, specifications, drawings or other representation of the Vendor. Rejected materials or equipment shall be removed by, or at the expense of, the Vendor promptly after rejection.
RISK OF LOSS
All risk of loss or damage shall remain with the Vendor until the goods have been received and accepted by the District; and, if applicable, until installed by the Vendor.
WARRANTY
The Vendor warrants that all goods and services furnished hereunder will conform in all respects to the terms of this order, including any drawings, specifications or standards incorporated herein, and that they will be free from latent and patent defects in materials, workmanship and title, and defects in design. In addition, Vendor warrants that said goods and services are suitable for, and will perform in accordance with, the purposes for which they are purchased, fabricated, manufactured and designed or for such other purposes as are expressly specified in this order. The District may return any nonconforming or defective items to the Vendor or require collection or replacement of the item at the time the defect is discovered, all at the Vendor's risk and expense. Acceptance shall not relieve the Vendor of its warranty responsibility. The Vendor agrees to protect, defend, indemnify and hold harmless the District from any claim involving patent or copyright infringement of the goods or services provided.
PAYMENT
Payments shall be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1, or the Vendor's invoice, whichever are more favorable to the District and the payment date shall be calculated from the receipt of invoice or receipt or final acceptance of the goods, whichever is later. Payment is subject to District Policy and Board approval of invoices and disbursements.
TAXES
The District is exempt from all federal and state taxes under exemption number E9997-2972-07. The amounts to be paid to Vendor are inclusive of all other taxes that may be levied, including without limitation sales, use, nonresident, value-added, excise, and similar taxes levied or imposed upon the goods or services. Vendor shall be responsible for any taxes levied or imposed upon the income or business privileges of Vendor.
LIABILITY
The Vendor shall be liable for all damages incurred while in performance of its services for the District. The Vendor assumes full responsibility for the work to be performed hereunder, and hereby defends, holds harmless, indemnifies, releases, relinquishes and discharges the District, its officers, agents and employees, from all claims, demands and causes of action of every kind and character including the cost of defense thereof, for any injury to including death of any person whether that person be a third person, contractor or an employee of the Vendor or the District, and any loss of or damage to property of the Vendor, the District, or a third party, caused by or alleged to be caused by, arising out of or in connection with the Vendor’s services to the District, whether or not said claims, demands and causes of action in whole or in part are covered by insurance.
PREVAILING WAGE (APPLIES TO ALL PUBLIC WORKS PROJECTS)
To the extent required by Illinois law, the Vendor shall not pay less than the prevailing rates of wages to all laborers, workmen, and mechanics performing work under this purchase order, and shall comply with the requirements of the Illinois Prevailing Wage Act (820 ILCS 130/1, et seq.) The Vendor acknowledges that at the time of contracting it is familiar with the Illinois Prevailing Wage Act, and that it accepts sole responsibility for determining whether the Act is applicable to its contract with the District. The Vendor also agrees to fully defend and indemnify, including reimbursement of attorney's fees and costs, the District against any claims brought by any employee or the Illinois Department of Labor arising out of the scope of its contract with the District for violations of this Act.
GOVERNING LAW
The validity, construction and legal effect of this Purchase Order and any claims arising therefrom shall be governed by Illinois law, without regard to any choice of law provisions, and exclusive venue for any litigation arising therefrom shall vest in the State and federal courts covering DuPage County, Illinois.
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