2021/04/14 Council Agenda Packet

CITY OF EVERETT STANDARD TERMS AND CONDITIONS INVITATION TO BID, REQUEST FOR QUOTATION & PURCHASE ORDER CONTRACT 1. CHANGES — No alteration in any of the terms, conditions, delivery price, quality, quantities, or specification of this order will be effective without written consent of the Procurement Manager or appropriate Buyer. 2. HANDLING — No charges will be allowed for handling, including but not limited to packing, wrapping bags, containers, or reels, unless otherwise stated herein. 3. DELIVERY — For any exception to the delivery date as specified on this order, supplier shall give prior notification and obtain written approval thereto from the Procurement Manager or appropriate Buyer with respect to delivery under this order. Time is of the essence and the order is subject to termination for failure to deliver as specified and/or appropriate damages. The acceptance by the Purchaser of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by Supplier. 4. PAYMENTS, CASH DISCOUNT, LATE PAYMENT CHARGES — Invoices will not be processed for payment not will the period of computation for cash discount commence until receipt of a properly completed invoice or invoiced items are received, whichever is later. If an adjustment in payment is necessary due to damage or dispute, the cash discount period shall commence on the date final approval for payment is authorized. 5. SHIPPING INSTRUCTIONS — Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. Destination. Where shipping addresses indicate room numbers it will be up to the Supplier to make delivery to that location at no additional charge where specific authorization is granted to ship goods FOB shipping point. Supplier agrees to prepay all shipping charges, route as instructed or if instructions are not provided, route by cheapest common carrier and to bill the Purchaser as a separate item on the invoice for said charges. Each invoice for shipping charges shall contain the original or a copy of the bill indicating that the payment for shipping has been made. It is also agreed that the Purchaser reserves the right to refuse COD shipments. 6. REJECTION — All goods or materials purchased herein are subject to approval by the Purchaser. Any rejection of goods or material resulting because of nonconformity to the terms and specifications of this order, whether held by the Purchaser or returned, will be at Supplier's risk and expense. 7. IDENTIFICATION — All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this order shall contain the applicable purchase order number. 8. INFRINGEMENTS — Supplier agrees to protect and save harmless the Purchaser against all claims, suits or proceedings for patent, trademark, copyright or franchise infringement arising from the purchase, installation, or use of goods and materials ordered, and to assume all expenses and damages arising from such claims, suits or proceedings. 9. WARRANTIES — Supplier warrants that articles supplied under this order conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except that if a particular purpose is stated, the material must then be fit for that particular purpose. 10. ASSIGNMENTS — The provisions or moneys due under this contract shall only be assignable with prior written consent of the Procurement Manager or appropriate Buyer. 11. TAXES — Unless otherwise indicated the Purchaser agrees to pay all State of Washington sales or use tax. No charge by Supplier shall be made for federal excise taxes, and the Purchaser agrees to furnish Supplier, upon acceptance of articles supplied under this order with an exemption certificate. 16