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make such representations and warranties, Contractor shall not process any orders and shall, within
<br />three (3) business days notify Enterprise Services, in writing, of such breach.
<br />4.1. QUALIFIED TO Do BUSINESS. Contractor represents and warrants that it is in good standing and
<br />qualified to do business in the State of Washington, that it is registered with the Washington
<br />State Department of Revenue and the Washington Secretary of State, that it possesses and
<br />shall keep current all required licenses and/or approvals, and that it is current, in full
<br />compliance, and has paid all applicable taxes owed to the State of Washington.
<br />4.2. SUSPENSION & DEBARMENT. Contractor represents and warrants that neither it nor its principals
<br />or affiliates presently are debarred, suspended, proposed for debarment, declared ineligible,
<br />or voluntarily excluded from participation in any governmental contract by any governmental
<br />department or agency within the United States.
<br />4.3. QUALITY OF GOODS OR SERVICES. Contractor represents and warrants that any goods sold
<br />pursuant to this Master Contract shall be merchantable, shall conform to this Master Contract
<br />and Purchaser's Purchase Order, shall be fit and safe for the intended purposes, shall be free
<br />from defects in materials and workmanship, and shall be produced and delivered in full
<br />compliance with applicable law. Contractor further represents and warrants it has clear title
<br />to the goods and that the same shall be delivered free of liens and encumbrances and that
<br />the same do not infringe any third party patent. Upon breach of warranty, Contractor will
<br />repair or replace (at no charge to Purchaser) any goods whose nonconformance is discovered
<br />and made known to the Contractor. If, in Purchaser's judgment, repair or replacement is
<br />inadequate, or fails of its essential purpose, Contractor will refund the full amount of any
<br />payments that have been made. The rights and remedies of the parties under this warranty
<br />are in addition to any other rights and remedies of the parties provided by law or equity,
<br />including, without limitation, actual damages, and, as applicable and awarded under the law,
<br />to a prevailing party, reasonable attorneys' fees and costs.
<br />4.4. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that it
<br />complies fully with all applicable procurement ethics restrictions including, but not limited to,
<br />restrictions against Contractor providing gifts or anything of economic value, directly or
<br />indirectly, to Purchasers' employees.
<br />4.5. AUTHORIZED DEALER. Contractor represents and warrants that it is an authorized product
<br />reseller for the products and that it shall maintain its authorized product reseller status for
<br />the Term of this Master Contract. Upon request by Enterprise Services, Contractor shall
<br />provide evidence of its status as an authorized product reseller.
<br />4.6. WAGE VIOLATIONS. Contractor represents and warrants that, during the term of this Master
<br />Contract and the three (3) year period immediately preceding the award of the Master
<br />Contract, it is not determined, by a final and binding citation and notice of assessment issued
<br />by the Washington Department of Labor and Industries or through a civil judgment entered
<br />by a court of limited or general jurisdiction, to be in willful violation of any provision of
<br />Washington state wage laws set forth in RCW chapters 49.46, 49.48, or 49.52.
<br />4.7. PAY EQUALITY. Contractor represents and warrants that, as required by Washington state law
<br />(Laws of 2017, Chap. 1, § 147), during the term of this Master Contract, it agrees to equality
<br />among its workers by ensuring similarly employed individuals are compensated as equals. For
<br />purposes of this provision, employees are similarly employed if the individuals work for the
<br />same employer, the performance of the job requires comparable skill, effort, and
<br />responsibility, and the jobs are performed under similar working conditions. Job titles alone
<br />MASTER CONTRACT No. 01417 4
<br />(Rev. 6-26-2019)
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