ABOUT US PURCHASING
PURCHASE ORDER TERMS AND CONDITIONS
About Us > Purchasing > Purchase Order Terms and Conditions
Las Vegas Metropolitan Police Department (LVMPD) Purchase Order Standard Terms and Conditions
- FEDERAL, STATE AND LOCAL LAWS: Supplier will fully observe and comply with all applicable federal, state and local laws and regulations relative to conducting business or performing work pursuant to a purchase order issued by the LVMPD. Lack of knowledge by the Supplier shall in no way be a cause for relief from responsibility.
- GOVERNING LAW/VENUE OF ACTION: This purchase order shall be construed and enforced in accordance with the laws of the State of Nevada. Any action at law or other judicial proceeding for the enforcement of any provision shall be instituted in a state court located in the County of Clark, State of Nevada.
- RULES OF PRECEDENCE: (Goods, Services) In the event of a conflict, the following rules or precedence shall govern this Purchase Order (hereinafter "PO"): (1) Terms and conditions on the face of the PO prevail over these Standard Terms and Conditions: (2) all terms and conditions of the PO prevail over UCC Article 2; (3) All terms and conditions of the PO prevail over any Supplier quotation; and (4) the terms and conditions of a LVMPD issued specific bid/quote award or contract referenced on the face of the PO prevail over any terms or conditions contained in the PO.
- NEW EQUIPMENT: The Supplier shall guarantee that the items provided under this PO shall be new, of the latest and most improved model of current production, and shall be of first quality as to workmanship and material used in said units. New equipment is defined as equipment that is made up completely of unused genuine original parts. Equipment shall not have been operated for any purpose other than routine operational testing. Demonstration equipment does not meet this definition and is not acceptable.
- WARRANTIES: Supplier warrants that the goods and services covered by this PO will conform to applicable specifications, instructions, drawings, data and samples, and will be merchantable of good material and workmanships, free from defects and will be fit and sufficient for the purpose intended, and free from defect in material and workmanship. These warranties shall be in addition to all other warranties, express, implied and statutory. Acceptance or receipt of payment for goods or services shall not constitute a waiver of any warranty.
- GOODS: The Supplier warrants that goods supplied under this PO are free from defects in material, workmanship and design, suitable for the purpose intended, and in compliance with all applicable specifications and free from liens or encumbrance of any nature. The Supplier shall guarantee all workmanship, materials and equipment it has furnished for a period of one (1) year after final acceptance of the equipment and/or materials, or for the period stated in Supplier's/Manufacturer's standard warranty, whichever is longer. If any defect or faulty materials are found, Supplier shall immediately, upon notification by LVMPD, proceed at Supplier's own expense to replace or repair the same, together with any damages to all finishes, fixtures, equipment and furnishings that may be damaged as a result of this defective equipment or workmanship. All return of goods will be at Supplier's expense. Resolution will be provided by Supplier within 5 days of written notification by LVMPD that there is a problem. Replaced and repaired goods shall be warranted for the remainder of the warranty period or six (6) months, whichever is longer.
- SERVICES: Supplier represents and warrants that all services shall be complete in a professional, workmanlike manner, with the degree of skill and care that is required by current, good and sound professional procedures. Further, Supplier represent and warrants that the services shall be completed in accordance with applicable specifications and shall be correct and appropriate for the purposes contemplated in this Agreement. Supplier represents and warrants that the performance of services under this PO will not conflict with, or be prohibited in any way by, any other agreement or statutory restriction to which Supplier is bound.
- CHANGES: No modification or changes to this PO shall be binding unless approved in writing by the Purchasing Analyst. The Purchasing Analyst may make changes to the PO by written notice to the Supplier. If such changes will cause an increase or decrease in the time of performance or the amount due to Supplier, the Supplier must notify the Purchasing Analyst immediately. If the Supplier does not object within 10 calendar days, Supplier is deemed to agree to the change as presented by the Purchasing Analyst. The Purchasing Analyst name and contact information is located on the PO.
- BANKRUPTCY: In the event Supplier files for bankruptcy protection, this contract is automatically null and void, and is terminated without further notice.
- TAXES: LVMPD is exempt from paying Sales and Use Tax and Federal Excise Tax. Price(s) must be net, exclusive of these taxes. Supplier shall pay all taxes, levies, duties and assessments of every nature which may be applicable to any goods and /or services delivered under this PO. LVMPD falls under the fiscal responsibility of Clark County, Nevada as a government entity. Tax Identification Number is 88-6000028.
- IDENTIFICATION: PO Number must appear on all invoices, packing slips, shipping notices, freight bills and correspondence concerning this PO. Packing lists indicating the contents of each package will accompany each shipment.
- INVOICES: All invoices must reference the PO number and shall be sent to: Las Vegas Metro Police Department, Accounting Section, 3141 E Sunrise, Las Vegas NV 89101. In addition to the PO number, invoices should include the following: Supplier name and address, data and number of invoice, and any other applicable information (e.g. quantity, description, period of performance), necessary to identify the goods or service for which payment is requested. LVMPD will not be responsible for equipment, materials, services, or supplies delivered or furnished to LVMPD without a valid PO or prior written authorization from the Purchasing Analyst.
- PAYMENT: Standard terms for payment shall be NET 30 DAYS unless otherwise noted on the face of the PO. Payment discount period will be calculated from the date of receipt of a complete, correct invoice, or receipt and acceptance of goods or services, whichever is later.
- ASSIGNMENT: Supplier will not assign, transfer, convey or otherwise dispose of this PO or its right, title or interest in the same or any part thereof, without prior written consent of LVMPD.
- INSURANCE: Supplier shall procure and maintain Workers' Compensation and General Liability Insurance at its own expense, for all work related to the performance of the PO.
- INDEPENDENT CONTRACTOR: Supplier acknowledges that it is an independent contractor under this PO and is not entitled to any rights, privileges, or protections of an employee of the LVMPD.
- INDEMNIFICATION: Supplier warrants that the purchase, installation and /or use of the goods covered hereby will not result in any claim of infringement or actual infringement of any patent, trademark, copyright, franchise, or other intellectual property right. Supplier shall defend, indemnify and hold harmless LVMPD, its officers, employees, and agents from and against any and all damages, claims, demands, suits, judgments, penalties, and costs, including reasonable attorneys fees and expenses and all liability imposed by law, for or on account of damage to property of death of or injury to any person or persons (including property and employees of LVMPD) arising from the work, goods or service provided by the Supplier, its employees, agents or subcontractors pursuant to the PO.
Supplier shall save and hold harmless LVMPD, its employees and agents from liability for infringement of any United States patent, trademark or copyright for or on account of the use of any product sold to LVMPD or used in the performance of this PO.
- DELIVERY REQUIREMENTS: Unless otherwise stated on the PO, all prices shall be F.O.B destination, and title shall pass to LVMPD upon acceptance at the final delivery point. Prices shall include delivery as well as necessary unloading. If delivery of product(s) or services(s) cannot be made as specified and at the price shown on the PO, Supplier must notify LVMPD purchasing immediately. Supplier shall not make delivery without the Purchasing Analyst's written approval. Any correspondence other than invoice relating to this PO must be sent to the Purchasing Analyst at the address specified on the PO. Overshipments will not be accepted unless authorized or approved by the Purchasing Analyst in advance and in writing and will be returned to the Supplier at Supplier's expense in the manner provided for a nonconforming shipment.
- RIGHT OF INSPECTION AND REJECTION: All goods and/or services purchased will be subject to inspections, tests and approval/acceptance by LVMPD. Supplier acknowledges that many of the goods contained in closed packages may not be inspected until such time as they are used and that the inspections and rejection rights will continue until those packages are opened and inspected, notwithstanding prior payment. If specifications or warranties are not met, material and equipment be returned at Supplier's expense. Nonconforming Goods will be returned to Supplier freight collect and risk of loss will pass to seller upon LVMPD's delivery to the common carrier. No material or equipment returned to Supplier as defective shall be replaced except upon Purchasing Analyst's formal authorization.
- LVMPD's PROPERTY: All property owned by LVMPD and furnished to Supplier for the purpose of performance of this PO will be identified and marked as LVMPD's property and adequately insured for LVMPD's protection. In the event that LVMPD's property becomes lost or damaged to any extent while in Supplier's possession from any cause, including faulty workmanship and/or negligent acts by Supplier, its agents or its employees, Supplier agrees to replace such property or reimburse LVMPD for the value or expense of replacement, whichever is greater.
- ADVERTISEMENTS: Except as may be required to perform this PO, Supplier shall not in any manner advertise or publish the fact that it has furnished or contracted to furnish LVMPD with the goods or services herein mentioned without prior written consent of Purchasing Analyst.
- FORCE MAJEURE: Supplier shall be excused from performance hereunder during the time and to the extent that it is prevented from obtaining, delivering, or performance in the customary manner, by acts of God, civil disturbances, fire, war, loss or shortage of transportation facilities, lockout or commandeering of raw materials, products, plants or facilities by the Govern
ment. Supplier shall provide LVMPD satisfactory evidence that non-performance is due to other than fault or negligence on its part.
- MATERIAL SAFETY DATA SHEETS: Supplier shall provide current Material Safety Data Sheets (MSDS) for all hazardous materials and products delivered under this PO.
- ANTI-DISCRIMINATION: Suppliers doing business with LVMPD are prohibited from discriminating against any employee, applicant or client because of race, creed, color, national origin sex or age with regard to, but not limited to the following; employee practices, rates of pay or other compensation method and training selections.
- TERMINATION: Purchasing Analyst by written notice may terminate or cancel this PO, in whole or in part with 30 days written notice. In the event this PO is terminated as a result of Supplier's default, the Supplier shall be liable for all damages allowed in law or equity, including the excess cost of procuring similar items. If this PO is terminated for the convenience of LVMPD, Supplier will be compensated to the extent that items have been accepted by LVMPD prior to the effective date of termination. Other than to this extent, LVMPD shall not be liable to Supplier for any damages on account of its failure to accept all of the items ordered.
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