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a <br />KCN RFP #06-151 10 <br />GENERAL TERMS AND CONDITIONS OF THIS BID AND ANY <br />RESULTING CONTRACT <br />1. PAYMENT: Payment by City will be processed within thirty (30) days following receipt of <br />proper invoice evidencing work performed and subject to City accounting procedures. No <br />additional charge will be paid by the City unless expressly included and itemized herein. <br />2. DELIVERY: Time of delivery, as shown herein, must be adhered to. All goods shall be shipped <br />F.O.B. destination designated by the City. Vendor assumes full responsibility for packing, crating, <br />marking, transportation and liability for loss and/or damage. All transportation charges to be <br />prepaid by Vendor. <br />3. LATE DELIVERY ASSESS <br />delay in delivery (except those <br />shown in the purchase order o <br />due to the delay, including but <br />need while awaiting late delive <br />can be shown to have resulted <br />penalty will be deducted from t <br />contract. <br />INSPECTION:'1 <br />The Vendor sha <br />and for the con: <br />The expense of <br />V d <br />MENT: The Vendor agrees to pay late -delivery assessment for any <br />beyond its reasonable control) beyond the date agreed to and <br />r contract in an amount equal to the expenses incurred by the City <br />not limited to expenses such as rental of like equipment to fulfill the <br />ry, added cost of manpower or other resources, or other costs as <br />from delaying receipt of the ordered go'o'ds or services. The <br />he amount due to the Vendor underathe purchase order or <br />der no obligation to unpack or inspect the products and/or service <br />e for the consequences of negligent manufacture and packing, <br />gligent handling prior'to point where City assumes ownership. <br />its'due to failure of goods first offered will be charged against the <br />en or. <br />GENERAL GUARANTEE:",The Vendor; guarantees that,a) Vendor owns all rights, title and <br />interest in the products and services and has the legal authority to sell, license or otherwise <br />transfer the right to use to the City; 6) the products and services are free from defects in material <br />and workmanship for a minimum period of one (1) year from the date of acceptance by the City, <br />unless otherwise stated as part of the bid; and c) Vendor shall repair or replace all such defective <br />goods F.O.B. destination. <br />NONDISCRIMINATION: Vendor agrees that the "Certification of Nondiscrimination by <br />Contractors" attached and executed by Vendor or on file with the City, is specifically made a part <br />of the bid by this reference. <br />INDEMNIFICATION: The Vendor guarantees and agrees to indemnify, defend and hold harmless <br />the City against any or all loss, liability damages, demands, claims or costs alleged by third <br />parties arising out of Vendor's performance. This includes defective material and products, faulty <br />work performance, negligent or unlawful acts, and noncompliance with any applicable local, state <br />or federal codes, ordinances, orders or statutes including, but not limited to, the Occupational <br />Safety and Health Act (OSHA) and the California Industrial Safety Act. This guarantee is in <br />addition to and not intended as a limitation on any other warranty, expressed or implied. <br />TERMINATION: The City reserves the right to terminate the order or delay delivery or <br />acceptance of any products and/or services ordered resulting from this bid without penalty upon <br />thirty (30) days written notice to the Vendor. <br />ASSIGNMENT: Vendor may not assign, transfer, delegate, or subcontract any right, obligation, <br />performance herein without the prior written consent of the Purchasing Manager and any such <br />