EST 2024 – Pacific Electrical Services LLC
PURCHASE ORDER TERMS AND CONDITIONS
1. INTEGRATION
Purchases by Pacific Electrical Services LLC ("Contractor") are governed by these Purchase Order Terms and Conditions
unless the parties have entered into a mutually executed written master agreement. Seller agrees to sell, and Contractor
agrees to buy, the goods, materials, equipment, or services ("Goods") described in a Contractor Purchase Order ("PO").
The PO and all referenced documents constitute the entire agreement and supersede all prior proposals or negotiations.
Commencement of performance constitutes acceptance of these terms.
2. CONTROLLING TERMS
Contractor objects to any additional or different terms proposed by Seller. Any such terms are rejected and shall not modify
this PO. Performance or delivery constitutes agreement to these terms only.
3. QUALITY
All Goods shall strictly conform to the PO and Contract Documents and meet industry standards. Contractor may inspect
and test Goods at any time.
4. PRICE AND PAYMENT
Prices are firm unless expressly stated otherwise. Contractor may require lien waivers prior to payment. Invoices submitted
more than six (6) months after delivery shall not be honored.
5. CHANGES
Contractor may order changes by written change order. Price and time adjustments shall be made only by written
agreement.
6. DELAY
Time is of the essence. Seller shall immediately notify Contractor of any delay and mitigate impacts.
7. FORCE MAJEURE
Neither party shall be liable for delay caused by events beyond reasonable control. Contractor may cancel or extend
performance as necessary.
8. INDEMNITY
Seller shall indemnify, defend, and hold harmless Contractor and its affiliates from all claims arising out of Seller’s
performance.
9. SITE WORK AND INSURANCE
Seller performing on-site work shall maintain required insurance including Workers’ Compensation, CGL, Auto, and
Professional Liability if applicable. Contractor shall be named as additional insured on a primary and noncontributory basis.
10. SHIPPING
Delivery shall be F.O.B. Contractor’s designated location. All shipments must reference the PO number.
11. AMERICAN STANDARDS
Goods shall comply with applicable ANSI, ASTM, ASME, NEMA, and Buy American requirements.12. LAWS
Seller shall comply with all applicable federal, state, and local laws including labor, safety, and equal opportunity
requirements.
13. FINAL ACCEPTANCE
Final acceptance is conditional upon satisfactory testing and performance.
14. TERMINATION
Contractor may terminate for cause or convenience. Payment shall not exceed the PO price less damages.
15. CONFIDENTIALITY
All information received or created is confidential and proprietary to Contractor.
16. ASSIGNMENT
Seller may not assign this PO without Contractor’s written consent.
17. GOVERNING LAW
This PO shall be governed by the laws of the state in which it is issued and applicable UCC provisions.
18. MASTER CONTRACT
If issued under an existing master agreement, that agreement shall govern.
19. HAZARD COMMUNICATION
Seller shall provide Safety Data Sheets and comply with OSHA hazard communication requirements.
20. PROPOSITION 65
Seller warrants compliance with California Proposition 65, if applicable.
21. MODIFICATIONS
No modification is valid unless in writing and signed by both parties.
22. SETOFF
All obligations are subject to mutual setoff.
23. SUBMITTALS
Review of submittals does not relieve Seller of responsibility for compliance with Contract Documents.
EST 2024 – Pacific Contracting & Development LLC
PURCHASE ORDER TERMS AND CONDITIONS
1. INTEGRATION
Purchases by Pacific Contracting & Development LLC ("Contractor") are governed by these Purchase Order Terms and
Conditions unless the parties have entered into a mutually executed written master agreement. Seller agrees to sell, and
Contractor agrees to buy, the goods, materials, equipment, or services ("Goods") described in a Contractor Purchase Order
("PO"). The PO and all referenced documents constitute the entire agreement and supersede all prior proposals or
negotiations. Commencement of performance constitutes acceptance of these terms.
2. CONTROLLING TERMS
Contractor objects to any additional or different terms proposed by Seller. Any such terms are rejected and shall not modify
this PO. Performance or delivery constitutes agreement to these terms only.
3. QUALITY
All Goods shall strictly conform to the PO and Contract Documents and meet industry standards. Contractor may inspect
and test Goods at any time.
4. PRICE AND PAYMENT
Prices are firm unless expressly stated otherwise. Contractor may require lien waivers prior to payment. Invoices submitted
more than six (6) months after delivery shall not be honored.
5. CHANGES
Contractor may order changes by written change order. Price and time adjustments shall be made only by written
agreement.
6. DELAY
Time is of the essence. Seller shall immediately notify Contractor of any delay and mitigate impacts.
7. FORCE MAJEURE
Neither party shall be liable for delay caused by events beyond reasonable control. Contractor may cancel or extend
performance as necessary.
8. INDEMNITY
Seller shall indemnify, defend, and hold harmless Contractor and its affiliates from all claims arising out of Seller’s
performance.
9. SITE WORK AND INSURANCE
Seller performing on-site work shall maintain required insurance including Workers’ Compensation, CGL, Auto, and
Professional Liability if applicable. Contractor shall be named as additional insured on a primary and noncontributory basis.
10. SHIPPING
Delivery shall be F.O.B. Contractor’s designated location. All shipments must reference the PO number.
11. AMERICAN STANDARDS
Goods shall comply with applicable ANSI, ASTM, ASME, NEMA, and Buy American requirements.12. LAWS
Seller shall comply with all applicable federal, state, and local laws including labor, safety, and equal opportunity
requirements.
13. FINAL ACCEPTANCE
Final acceptance is conditional upon satisfactory testing and performance.
14. TERMINATION
Contractor may terminate for cause or convenience. Payment shall not exceed the PO price less damages.
15. CONFIDENTIALITY
All information received or created is confidential and proprietary to Contractor.
16. ASSIGNMENT
Seller may not assign this PO without Contractor’s written consent.
17. GOVERNING LAW
This PO shall be governed by the laws of the state in which it is issued and applicable UCC provisions.
18. MASTER CONTRACT
If issued under an existing master agreement, that agreement shall govern.
19. HAZARD COMMUNICATION
Seller shall provide Safety Data Sheets and comply with OSHA hazard communication requirements.
20. PROPOSITION 65
Seller warrants compliance with California Proposition 65, if applicable.
21. MODIFICATIONS
No modification is valid unless in writing and signed by both parties.
22. SETOFF
All obligations are subject to mutual setoff.
23. SUBMITTALS
Review of submittals does not relieve Seller of responsibility for compliance with Contract Documents.