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Agreement number, description of Goods and Services, unit price, quantities billed, extended <br /> totals, and applicable taxes as set forth Section 9 of this Purchase Agreement. <br /> 7. PACKING AND SHIPPING. Deliveries must be made as specified, without charge, for <br /> boxing, crating or starage unless otherwise specified. Goods must be suitably packed to secure <br /> lowest transportation costs and, in accordance with the requirements of common carriers, in a <br /> manner to assure against damage from weather or transportation. The City's order numbers and <br /> symbols must be plainly marked on all invoices, packages and shipping orders. Packing lists <br /> specifying the quantity, description, and Purchase Agreement Number must accompany each box <br /> or packing shipment. The City's count or weight will be final and conclusive on shipments not <br /> accompanied by packing lists. Shipments for two or more destinations when so directed by the <br /> City will be shipped in separate boxes ar containers for each destination, at no charge. <br /> 8. PUBLIC WORKS. Public Works shall be performed in accordance with the provisions <br /> of the 2006 Standard Specifications for Public Works Construction, or as it may be amended by <br /> subsequent editions. <br /> 9. TAXES. The Vendor must separately state on all invoices any taxes imposed by the local, <br /> state ar federal state government applicable to furnishing of Goods and Services; provided, <br /> however, where a tax exemption is available, the tax must be subtracted from the total price and <br /> identified. Unless otherwise set forth in the Purchase Agreement, the purchase price will be <br /> considered to include state and city sales or use tax. <br /> 10. WARRANTY. The Vendor warrants that all Goods will conform to applicable <br /> specifications, drawings, description, and samples, and will be merchantable, of good <br /> workmanship in material, and free from defect. Unless manufactured pursuant to detailed design <br /> furnished by the City,the Vendor assumes design responsibility and warrants the Goods to be free <br /> from design defect and suitable for the purposes intended by the City, and that such Goods if <br /> installed by the Vendor shall conform to applicable specifications. The Vendor's warranties, <br /> together with its service guarantees, must run to the City and its customers or users of the Goods <br /> and Services and must not be deemed exclusive. The City's inspection, approval, acceptance, use <br /> of, and payment for all or any part of the Goods and Services must in no way affect its warranty <br /> rights whether or not a breach of warranty had become evident in time. <br /> 11. CHANGES. The City has the right, by written notice, to change the quantity or <br /> specifications of the Goods and Services ordered and the terms of shipment or packaging of Goods. <br /> Upon receipt of any notice, the Vendor will proceed promptly to make the changes in accordance <br /> with the terms of the notice. If any change causes an increase or decrease in the cost or <br /> performance or in the time required for performance, an equitable adjustment must be negotiated <br /> promptly and the contract modified in writing accordingly. The Vendor must deliver to the City <br /> as promptly as possible,and in any event within 30 days after receipt of change notice,a statement <br /> showing the effect of any change in the delivery dates and prices; the statement must be <br /> supplemented within 30 days by detailed specification of the amount of the price adjustment and <br /> supporting cost figures. The Vendor's failure to submit the statements within the time limits stated <br /> will constitute its consent to perform the change without increase in price, without claim for <br /> material rendered obsolete and without change in delivery schedules. <br /> ATTY/AGR/2016.039/FD RWC PURCHASE ORDER AGR(GOODS&SERVICES) <br /> REV:03-04-16 RL <br /> Page 3 of 6 <br />