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Item 13 - Purchase Order Support Services and Storage
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Item 13 - Purchase Order Support Services and Storage
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4/9/2025 3:01:27 PM
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4/9/2025 2:53:00 PM
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City Clerk
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Agenda Packet
Agency
Information Technology
Item #
13
Date
4/15/2025
Destruction Year
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Page 15 of 48 <br /> Shipping and Delivery. <br /> The prices are the delivered price to any Purchasing Entity for standard shipping. An estimated ship and delivery <br />date shall be provided to Purchasing Entity at the time of the Order. If an order is requested with expedited <br />shipping, the Contractor must provide a firm “not to exceed” price for the expedited shipping on the quote. All <br />deliveries shall be FOB Destination, freight pre-paid, with all transportation and handling charges paid by the <br />Contractor. Responsibility and liability for loss or damage incurred during shipping or delivery shall remain the <br />Contractor’s until final inspection when responsibility shall pass to the Purchasing Entity except as to latent defects, <br />fraud, and Contractor’s warranty obligations. Any order for less than the specified amount is to be shipped with the <br />freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shipped without <br />transportation charges that is back ordered shall be shipped without charge. <br /> Specific delivery instructions, including FOB Inside Delivery, will be noted on the order form or Purchase Order. <br />Any damage to the building interior, scratched walls, damage to the freight elevator, etc., directly caused by the <br />Contractor or its subcontractors will be the responsibility of the Contractor. If such damage does occur, it is the <br />responsibility of the Contractor to promptly notify the Purchasing Entity placing the Order. <br /> All products must be delivered in the manufacturer’s standard package. Costs shall include all packing and <br />crating charges. Cases shall be of durable construction, good condition, properly labeled and suitable in every <br />respect for storage and handling of contents. Each shipment shall be marked with the Purchasing Entity’s Purchase <br />Order number and other information sufficient for the Purchasing Entity to properly identify the shipment as <br />outlined in the Participating Addendum of the Purchasing Entity. <br /> Inspection and Acceptance. <br /> Where the Master Agreement, a Participating Addendum, or an Order does not otherwise specify a process for <br />inspection and Acceptance, this section governs. This section is not intended to limit rights and remedies under the <br />applicable commercial code. <br /> Contractor shall provide right of access to the Lead State, or to any other authorized agent or official of the Lead <br />State or other Participating or Purchasing Entity, at reasonable times, in order to monitor and evaluate performance, <br />compliance, and quality assurance requirements under this Master Agreement. <br /> Upon delivery, the Purchasing Entity shall have 30 days to inspect the Product(s). Acceptance of Products occurs <br />after inspection and applies to all Products(s) (hardware and software) purchased under this Master Agreement, <br />including any additional replacement or substitute Product(s) and any Product(s) which are modified by or with the <br />written approval of Contractor after Acceptance by the Participating Entity. The Purchasing Entity will make every <br />effort to notify the Contractor, within thirty (30) calendar days following delivery, of non-acceptance of a Product or <br />completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery <br />of Product or completion of Service, the Product and Services will be deemed accepted on the 31st day after delivery <br />of Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding <br />terms have been mutually agreed to by both parties in writing. <br /> Products that do not meet manufacturer’s specifications may be rejected. Failure to reject upon receipt, <br />however, does not relieve the contractor of liability for material (nonconformity that substantially impairs value) <br />latent or hidden defects subsequently revealed when goods are put to use. Acceptance of such goods may be <br />revoked in accordance with the provisions of the applicable commercial code, and the Contractor is liable for any <br />resulting expense incurred by the Purchasing Entity related to the preparation and shipping of Product rejected and <br />returned, or for which Acceptance is revoked. Return of Products is subject to the Contractor’s applicable return <br />policy, which shall be made available to Purchasing Entity prior to placement of an order. Any restocking fee may <br />not exceed 15% of the purchase price. <br />DocuSign Envelope ID: 87F53414-136E-413E-907B-A408CF7AA97C
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