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REV: 01-23-26 LR <br />acceptance by City. Vendor must issue separate invoices for each shipment made <br />pursuant to this Purchase Agreement. Invoices must contain a description of Goods and <br />Services, unit price, quantities billed, extended totals, and applicable taxes as set forth in <br />Section 9 of this Purchase Agreement. <br />8. Packing and Shipping. Deliveries must be made as specified, without <br />charge for boxing, crating or storage unless otherwise specified. Goods must be suitably <br />packed to secure lowest transportation costs and, in accordance with the requirements <br />of common carriers, in a manner to assure against damage from weather or <br />transportation. Packing lists specifying the quantity and description of the Goods must <br />accompany each box or packing shipment. City’s count or weight will be final and <br />conclusive on shipments not accompanied by packing lists. Shipments for two or more <br />destinations when so directed by City will be shipped in separate boxes or containers for <br />each destination, at no charge. <br />9. Taxes. Vendor must separately state on all invoices any taxes imposed by <br />the local, state or federal state 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 this Purchase <br />Agreement, the purchase price will be considered to include state and City sales or use <br />tax. <br />10. Warranty. 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, free from defect, and having good, marketable title. Unless <br />manufactured pursuant to detailed design furnished by City, Vendor assumes design <br />responsibility and warrants the Goods to be free from design defect and suitable for the <br />purposes intended by City, and that such Goods if installed by Vendor will conform to <br />applicable specifications. Vendor’s warranties, together with its service guarantees, must <br />run to City and its customers or users of the Goods and Services and must not be deemed <br />exclusive. City’s inspection, approval, acceptance, use of, and payment for all or any part <br />of the Goods and Services must in no way affect its warranty rights whether or not a <br />breach of warranty had become evident in time. For a period of one year after acceptance <br />of the Goods and Services by City, Vendor will replace or repair any defective Goods and <br />perform any related Services at City’s location, at no expense to City. If Vendor elects to <br />repair defective goods, but cannot repair them at City’s location, Vendor will transport/ship <br />the defective goods to a repair facility. Vendor must repair and return the repaired goods <br />to City within seventy-two (72) hours of a call for service. If Vendor fails to comply within <br />seventy-two (72) hours, Vendor will provide substitute goods of equal type and quality <br />until City’s Goods are returned in satisfactory operating condition to City’s satisfaction. <br />11. Intellectual Property Warranty. Vendor represents and warrants that the <br />Goods and any other materials or deliverables provided under this Agreement are either <br />original, or not encumbered, and do not infringe upon the copyright, trademark, patent, or <br />other intellectual property rights of any third party, or are in the public domain. <br />ATTY/AGR.2026.014/Interllimar Inc., dba Concentric Security(Broadway Bollards) (Page 3 of 13)