Definitions

DISTRICT: “DISTRICT” means West Valley-Mission Community College District and unless otherwise stated, includes the District’s authorized representatives, including the Construction Manager, if a Construction Manager is designated, the District’s Board of Trustees and the District’s officers, employees, agents and representatives.

PURCHASE ORDER: The term “Purchase Order” is also referenced in the Purchase Order Terms and Conditions as “Contract Documents” that the District issued to the Contractor.

CONTRACTOR: The term “Contractor” or “Vendor”, whenever appearing in this Purchase Order or any attachments, shall mean the Contractor named on the face of the Purchase Order and its individuals, officers, directors, employees, agents, contractors or subcontractors. While engaged in carrying out the terms and conditions of the purchase, the Contractor is an independent contractor, and not an officer, employee or agent of the District.

AGREEMENT: Contractor accepts this Purchase Order solely on the basis of the terms and conditions on the face and back hereof. Additional or conflicting terms on Contractor’s form or any confirmation notice are rejected and shall be deemed a material alteration hereof, unless such terms are incorporated by direct reference on the face of this Purchase Order, attached hereto as applicable and approved by the appropriate District personnel in writing. Contractor and District agree that if any terms on any Contractor provided form or notice conflict with the terms herein, the terms of the Purchase Order will prevail.