All materials or services furnished to Oxnard Union High School District (“OUHSD”) must be as specified and will be subject to inspection and approval after delivery. The right is reserved to reject and return at the risk and expense of the vendor, such portion of any shipment which may be defective, damaged, or does not comply with the specifications requested. Express warranties aside, the vendor also warrants that all delivered articles are to be free of manufacturer defects. All goods or services must comply with relevant drawings, samples, or specifications and meet the highest professional standards.
Goods provided by the vendor under this Purchase Order shall be of good quality and within the specifications and descriptions of goods noted on the Purchase Order.
OUHSD does not accept auto-renewal clauses in contracts.
The vendor shall have insurance that meets the District’s $1 million per occurrence minimum standard, which shall include comprehensive general liability, automobile liability, employer’s liability and worker’s compensation. Vendors shall bear the cost of such insurance. The District reserves the right to require proof of insurance. Proof of insurance is REQUIRED for construction related work and a higher liability amount may be required and noted in bid documents or the OUHSD agreement.
The District is not tax exempt. Purchase Orders will include tax for any taxable items purchased.
The vendor shall defend and hold harmless the Oxnard Union High School District, its trustees, officers, agents and employees from and against any and all damages, claims, demands, suits, judgements, penalties and costs (including reasonable attorney’s fees and expenses) and all liability imposed by law, for or on account of damage to property or death of or injury to any person or persons (including property and employees of Oxnard Union High School District), arising from the work, goods or services provided by the vendor, its employees, agents or subcontractors pursuant to this order/contract.
Except as set forth herein, neither the vendor nor the OUHSD shall be held liable to the other party for indirect or consequential damages, even if such party has been advised of the possibility of such damages. Such limitation as to indirect of consequential damages shall not apply to claims for infringement by vendor of the United States patent, copyright, trademarks or trade secrets; to claims for personal injury or damage to property caused by the vendor; to claims covered by the other specific provisions of this Agreement calling for liquidated damages; to vendor’s indemnification obligations; or to court costs or attorney’s fees awarded by a court in addition to damages after litigation based on this order/contract.
This order/contract shall be governed by and construed and enforced in accordance with the State of California, excluding its choice law rules and, to the extent applicable, the copyright laws of the United States of America. In the event of a dispute hereunder, the parties agree to submit to the exclusive jurisdiction of the state courts of, and federal courts sitting in, the State of California.
OUHSD payment terms shall be Net 30 days from the date of delivery, or the date of receipt of invoice, whichever is later. The District is not responsible for lost mail or invoices that are sent to an incorrect location. Vendors are directed to send invoices to the District Office that is noted in the Bill To section of the Purchase Order. Do not send invoices directly to school site locations. OUHSD reserves the right to withhold payment until the order is complete. Invoices shall contain the Purchase Order number, date, description of goods/services, quantities, unit prices, extended totals and be sent to Accounts Payable.
The Oxnard Union High School District prohibits discrimination against any member of its community on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, parental status, marital status, age, disability, citizenship or veteran status. Harassment, whether verbal, physical or visual, that is based on any of these characteristics is a form of discrimination. Oxnard Union High School District also prohibits sexual harassment of any member of its community. The vendor shall inform all of its employees, subcontractors and agents (and the employees of their subcontractors and agents) that discrimination, harassment and sexual harassment are a violation of District policy and will not be tolerated on any District job site or anywhere else on District property. The vendor shall remove from any District job site and District property any of its employees or those of its subcontractors or agents who violate District policy.
By accepting this Purchase Order, vendor shall hold OUHSD, its officers, agents and employees harmless from alleged liability of any nature or kind, including costs and attorney fees and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract or purchase order.
All materials, supplies and services sold to OUSHD shall conform to the general safety orders of the State of California. All materials, except as otherwise specified, must be new and of the best quality of their respective kinds.
Any work performed on any OUHSD property, by the vendor or contractor, requires an OUHSD agreement prior to the start of any work. The District requires fingerprinting and front office check in before entering any campus or district office location. Contact the Purchasing Department Director of Purchasing for a copy of the OUHSD agreement.