|
6.D. - Page 7 of 22
<br />by packing lists, Shipments for two or more destinations when so directed by the City will be
<br />shipped in separate boxes or containers for each destination, at no charge.
<br />& PUBLIC WORKS. If applicable, Public Works shall be performed in accordance with the
<br />provisions of the 2006 Standard Specifications for Public Works Construction, or as it may be
<br />amended by subsequent editions.
<br />9. TAXES. The Vendor must separately state on all invoices any taxes imposed by the local,
<br />state or 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 manufactured by Vendor will conform
<br />to applicable 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. For goods manufactured
<br />by a Third Party, Vendor will pass through all warranties intended for the end user.
<br />11. CHANGES. The City has the right, by written notice, to change the quantity or
<br />specifications ofthe 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. The Vendor's
<br />failure to submit the statements within the time limits stated will constitute its consent to perform
<br />the change without increase in price, without claim for material rendered obsolete and without
<br />change in delivery schedules.
<br />12 BUSINESS LICENSE. If applicable, the Vendor must obtain a City business license,
<br />unless the Vendor qualifies for an exemption.
<br />13. NONDISCRIMINATION CLAUSE: Except as provided in Section 12940 et seq. of the
<br />Government Code, Vendor shall not discriminate against any person because of his/her race,
<br />religious creed, color, national origin, ancestry, physical disability, mental disability, marital
<br />status, mental condition, or gender, nor refuse to hire or employ a person or to refuse to select the
<br />person for a training program leading to employment or to bar or discharge the person from
<br />employment, or from a training program leading to employment, or to discriminate against the
<br />person in compensation or in terms, conditions or privileges of employment. Vendor shall insert
<br />REV; 10-22-2020 PR
<br />290
<br />
|