1. Acceptance of Order:

    Based on the provided written quote, the vendor shall provide goods and/or services by or before the given date of delivery, as negotiated during the bid.  Any extended lead times, applicable inbound freight charges, or back orders shall be explained at the time of quote.  Material not provided within the predetermined time frame, or incorrectly shipped material, will be subject to rejection by Mark III Construction, Inc. (Mark III); any rejected material will not be paid for by Mark III.  Upon signing, Mark III verifies that the material delivered is in “new” condition and the quantity is accurate between the delivery ticket and physical material.  Any additional, different, or incorrect items shall be returned or corrected by the vendor at no additional cost to Mark III.

    Ordering of Material:

    All orders must have a Purchase Order Number.  Purchase Order Numbers will be issued by the Mark III Purchasing Manager, or Project Manager. All other employees of Mark III, including Field Personnel, are not authorized to place orders or issue PO numbers, or add to existing orders, without specific written direction by the Mark III Purchasing Manager.

    In the event an invoice is received by Mark III without a valid PO number, job number and packing slip, the invoice will be returned to the vendor for correction.  It will not be processed for payment until all correct information is received.  No late charges will be paid as a result.

    After the requisition is received and the order is placed, an Order of Acknowledgement is to be emailed to PO issuer.  In the subject line please include the Mark III provided PO number.

    Delivery of Materials:

    Delivery shall be direct to the requested jobsite or to a location designated by the Mark III Project Manager.  Delivery shall include offloading to the designated work area within the jobsite, as determined by the materials and logistics plan. Deliveries will be accepted only during normal working hours. Deliveries shall be F.O.B. destination. Transportation costs including cost of freight, shipping, fuel, customs, duties, demurrage, tariffs, taxes and handling will be prepaid by the vendor on all shipments.  Any provision for delivery of products or materials by installment shall not be construed as making the obligations of the supplier severable.  Mark III must be given a 48-hour notice prior to delivery for any items that cannot be unloaded by hand.  If a 48-hour notice is not given for any additional handling, labor and demurrage charges will be assessed against the supplier.  For all notifications, call the Mark III Project Manager.  The 48-hour notice MUST be received or delivery may be rejected on the site, and Mark Three will not be responsible for any additional charges.

    Detailed inspections of materials may occur after receipt of materials.  Mark Three reserves the right to return damaged or incorrect shipments at the supplier’s expense.  Vendor agrees to promptly provide a credit for damaged or otherwise erroneous shipments and to expedite the delivery of replacement product at their expense, in accordance with the terms of the Contract.

    If discrepancies with materials or quantities are found during off loading or inventory operation, a makeup shipment shall be delivered within a reasonable amount of time.

    Mark III acknowledges being subject to restocking fees on material that is not a regularly stocked item by the vendor.  Any freight charges to return material will be subject to negotiation between Mark III and the vendor who provided the material.

    Cancellation or Change of Purchase Order:

    Mark III reserves the right to cancel or change the Purchase Order at any time prior to the shipment of goods, and shall not be subject to charges or fees that may incur from said cancellation.  Mark III will not pay restocking fees for stock items that are returned to the vendor within 30 days of the purchase order.  Material that is custom made, factory direct, or purchased by way of a third party supplier shall be dealt with on an individual basis, depending on the status of the order at time of cancellation.  Invoices shall reflect the written quote provided at the time of the bid; additional charges and fees are subject to dispute by Mark III, and may be short paid to avoid delinquency.

     Inspection or Rejection of Order:

    All shipments shall be subject to final inspection by Mark III after receipt by Mark III at the jobsite.  Mark III reserves the right to reject and refuse acceptance of the products and materials which are not in accordance with the specifications, drawings or other information previously provided by Mark III.  Supplier will be responsible to correct or replace material with patent defects within 48 hours of material exchange.  Supplier will additionally be held responsible for latent damages after the exchange of goods.

    Warranty:

    Supplier is to adhere to any manufacturer warranty, and shall fix or replace any material that is damaged upon delivery to Mark III.  Latent or patent defects will be corrected at the supplier’s expense and will be picked up by the supplier upon realization of the defect.  Material should be corrected within originally quoted lead time of order.  Additionally, supplier shall provide warranty of materials that are commonly stocked, and will provide accurate replacements for defective parts.

    Assignment:

    No assignment of any right, obligation or interest in proceeds or any delegation of duty under a Release shall be made without the prior written consent of Mark III and any attempted assignment or delegation without Mark III’s prior written consent shall constitute a material breach of this Agreement.

    Billing and Payment:

    Mark III does not authorize material purchases without a valid PO number provided by a Mark III Purchasing Agent.  Any invoice sent to Mark III without a valid PO number will be returned to the vendor for correction.  Any additional costs, not previously stated in a written quote, including but not limited to add-ons, will be subject to non-payment by Mark III.  Inbound freight charges, applicable taxes and any other changes apply.

    All invoices must include: (a) Date of delivery, (b) Mark Three Purchase Order number, (c) the item number, (d) the item description, (e) the total, (f) project name, as provided by Mark III (g) unit price, (h) extended price and (i) applicable sales tax.  There must be a separate invoice for each delivery. No allowance will be made for boxes, reels, wemcos, wood reels, drums or other returnable containers unless so stated in the Purchase Order and invoiced separately.

    Vendor shall create job accounts for each job exceeding $2,000 worth of projected material purchases.  Mark III will provide adequate job information, including job site address for deliveries.  All orders must be classified by a job account and should be tracked accordingly.  Mark III will not place orders under a general shop or house account.  A preliminary notice will not be filed for any amount less than $3,000.

    Payment terms shall be Net 60 days, or 2%, Net 30 days.  Invoices and packing slips will be electronically transmitted to Mark III. The discount period available to Mark Three will commence on the later of the date the purchased materials are received, or the date an invoice is received by Mark III.