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Item 24 - Wireless Communications Technology Upgrade
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11/21/2023 Regular
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Item 24 - Wireless Communications Technology Upgrade
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11/29/2023 3:39:05 PM
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11/29/2023 2:19:49 PM
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City Clerk
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Agenda Packet
Agency
Information Technology
Item #
24
Date
11/21/2023
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authorized agent or official of the Lead State or other Participating or Purchasing Entity <br />at reasonable times, in order to monitor and evaluate performance, compliance, and/or <br />quality assurance requirements under this Master Agreement. Products that do not <br />meet specifications may be rejected. Failure to reject upon receipt, however, does not <br />relieve the contractor of liability for material (nonconformity that substantial impairs <br />value) latent or hidden defects subsequently revealed when goods are put to use, with <br />repair or replacement subject to manufacturer's warranty. Return of Product is subject <br />to the HPE State and Local Government and Education Customer Return Policy. <br />d. If any services do not conform to contract requirements, the Purchasing Entity may <br />require the Contractor to perform the services again in conformity with contract <br />requirements, at no increase in Order amount. When defects cannot be corrected by <br />re -performance, the Purchasing Entity may require the Contractor to take necessary <br />action to ensure that future performance conforms to contract requirements; and reduce <br />the contract price to reflect the reduced value of services performed. <br />e. The warranty period shall begin upon Acceptance. <br />17. Payment <br />Payment after Acceptance is normally made within 30 days following the date the order <br />is delivered or the date a correct invoice is received, whichever is later. After 45 days <br />the Contractor may assess overdue account charges up to a maximum rate of one <br />percent per month on the outstanding balance, unless a different late payment amount <br />is specified in a Participating Addendum, Order, or otherwise prescribed by applicable <br />law. Payments will be remitted by mail or electronically. Payments may be made via a <br />State or political subdivision "Purchasing Card" with no additional charge. <br />Prices are exclusive of taxes, duties, and fees, unless otherwise quoted. If a <br />withholding tax is required by law, the tax will be added and identified on the applicable <br />invoice. <br />18. Warranty <br />Warranty provisions govern where specified elsewhere in the documents that constitute <br />the Master Agreement; otherwise this section governs. The Contractor warrants for a <br />period of one year from the date of Acceptance that: (a) the Product performs according <br />to all specific claims that the Contractor made in its response to the solicitation, (b) the <br />Product is suitable for the ordinary purposes for which such Product is used, (c) the <br />Product is suitable for any special purposes identified in the solicitation or for which the <br />Purchasing Entity has relied on the Contractor's skill or judgment, (d) the Product is <br />designed and manufactured in a commercially reasonable manner, and (e) the Product <br />is free of significant defects in material and workmanship. Upon breach of the warranty, <br />the Contractor will repair or replace (at no charge to the Purchasing Entity) the Product <br />whose nonconformance is discovered and made known to the Contractor. If the <br />repaired and/or replaced Product proves to be inadequate, or fails of its essential <br />Attachment A: Page 13 of 31 <br />
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