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by the City will be shipped in separate boxes or containers for each destination, at no <br />charge. <br />13. Safety. All goods and services must comply with current health and safety <br />regulations of the California Department of Industrial Relations and CAL/OSHA. <br />14. Safetv Data Sheet (SDS). All hazardous materials must be accompanied <br />by a SDS at the time of delivery. The City will not accept hazardous materials without <br />the required SDS. <br />15. Taxes. The Vendor must separately state on all invoices any taxes <br />imposed by the local, state or federal government applicable to furnishing of Goods and <br />Services; provided, however, where a tax exemption is available, the tax must be <br />subtracted from the total price and identified. Unless otherwise set forth in the Purchase <br />Agreement, the purchase price will be considered to include state and city sales or use <br />tax. <br />16. 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 <br />detailed design fumished by the City, the Vendor assumes design responsibility and <br />warrants the Goods to be free from design defect and suitable for the purposes <br />intended by the City, and that such Goods if installed by the Vendor shall conform to <br />applicable specifications. The Vendor's warranties, together with its service guarantees, <br />must run to the City and its customers or users of the Goods and Services and must not <br />be deemed exclusive. The City's inspection, approval, acceptance, use of, and payment <br />for all or any part of the Goods and Services must in no way affects its warranty rights <br />whether or not a breach of warranty had become evident in time. Vendor agrees to <br />provide the City, at a minimum, the manufacturer's warranty on all materials and parts. <br />The cost of replacing any defective product shall be at the Vendor's expense. <br />17. Changes. The City has the right, by written notice, to change the quantity <br />or specifications of the Goods and Services ordered and the terms of shipment or <br />packing of Goods. Upon receipt of any notice, the Vendor will proceed promptly to make <br />the changes in accordance with the terms of the notice. If any change causes an <br />increase or decrease in the cost or performance or in the time required for performance, <br />an equitable adjustment must be negotiated promptly and the contract modified in <br />writing accordingly. The Vendor must deliver to the City as promptly as possible, and in <br />any event within 30 days after receipt of change notice, a statement showing the effect <br />of any change in the delivery dates and prices; the statement must be supplemented <br />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 <br />limits stated will constitute its consent to perform the change without increase in price, <br />without claim for material rendered obsolete and without change in delivery schedules. <br />REV: 01-25-17 RL <br />Page 4 of 21 <br />ATTY/AGR.2017.015/R&B Company - Utility System Supplies Purchasing <br />