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<br /> Postal Service either by electronic funds transfer (EFT), check, or government credit card at the option of the
<br /> Postal Service. When the EFT payment method is selected, the Postal Service will provide the supplier with
<br /> Form 3881, Supplier's Electronic Funds Transfer Enrollment Form, at contract award. The supplier must
<br /> complete the form and submit it to the designated Postal Accounting Service Center to ensure the proper routing
<br /> of payments.
<br /> 2) In conjunction with any discount offered for early payment, time will be computed from the date of
<br /> the invoice. For purposes of computing the discount earned, payment will be considered to have been made on
<br /> the date which appears on the payment check or the date on which an electronic funds transfer was made.
<br /> j. Risk of Loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies
<br /> provided under this contract will remain with the supplier until, and will pass to the Postal Service upon:
<br /> 1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin, or;
<br /> 2) Delivery of the supplies to the Postal Service at the destination specified in the contract, if
<br /> transportation is f.o.b. destination.
<br /> k. Taxes. The contract price includes all applicable federal, state, and local taxes and duties.
<br /> 1. Termination for the Postal Service's Convenience. The Postal Service reserves the right to terminate this
<br /> contract, or any part hereof, for its sole convenience. In the event of such termination, the supplier must
<br /> immediately stop all work and must immediately cause any and all of its suppliers and subcontractors to cease
<br /> work. Subject to the terms of this contract, the supplier will be paid a percentage of the work performed prior to
<br /> the notice of termination, plus reasonable charges the supplier can demonstrate to the satisfaction of the Postal
<br /> Service using its standard record keeping system, have resulted from the termination. The supplier will not be
<br /> paid for any work performed or costs incurred which reasonable could have been avoided.
<br /> m. Termination for Default. The Postal Service may terminate this contract, or any part hereof, for default by
<br /> the supplier, or if the supplier fails to provide the Postal Service, upon request, with adequate assurances of
<br /> future performance. In the event of termination for default, the Postal Service will not be liable to the supplier
<br /> for any amount for supplies or services not accepted, and the supplier will be liable to the Postal Service for any
<br /> and all rights and remedies provided by law. The debarment, suspension, or ineligibility of the supplier, its
<br /> partners, officers, or principal owners under the Postal Service's procedures (see 39 CFR Part 601) may
<br /> constitute an act of default under this contract, and such act will not be subject to notice and cure pursuant to
<br /> any termination of default provision of this contract. If it is determined that the Postal Service improperly
<br /> terminated this contract for default, such termination will be deemed a termination for convenience.
<br /> n. Title. Unless specified elsewhere in this contract, title to items furnished under this contract will pass to the
<br /> Postal Service upon acceptance, regardless of when or were the Postal Service takes physical possession.
<br /> o. Warranty. The supplier warrants and implies that the items delivered under this contract are merchantable and
<br /> fit for the use for the particular purpose described in this contract.
<br /> p. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the supplier will not
<br /> be liable to the Postal Service for consequential damages resulting from any defect or deficiencies in accepted
<br /> items.
<br /> q. Other Compliance Requirements. The supplier will comply with all applicable Federal, State, and local laws,
<br /> executive orders, rules and regulations applicable to its performance under this contract.
<br /> r. Order of Precedence. Any inconsistencies in this solicitation or contract will be resolved by giving precedence
<br /> in the following order; (1) the schedule of supplies and services; (2) the Assignment, Disputes, Payments,
<br /> Invoice, Other Compliances and Compliance with Laws Unique to the Postal Service Contracts paragraphs of
<br /> this clause; (3) the clause at 4-2 Contract Terms and Conditions Required to Implement Policies, Statutes or
<br /> Executive Orders; (4) addenda to this solicitation or contract, including any license agreements for computer
<br /> software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) Form 8203;
<br /> (8) other documents, exhibits, and attachments, and (9) the specifications.
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