Minutes - 5-5-14 Reg. Meeting - Laserfiche WebLink

Home Browse Search

BK - 00026 PG Date and Time Warranty: The Subcontractor warrants that the product(s) and service(s) furnished pursuant to this contract ( "product" includes, without limitation, any piece of equipment, hardware, firmware, middleware, custom or commercial software, or internal components, subroutines, and interfaces therein) that perform any date and /or time data recognition function, calculation, or sequencing will support a four digit year format and will provide accurate date /time data and leap year calculations. This warranty shall survive the termination or expiration of this contract. Certification Regarding Collection of Taxes: G.S. 143- 59.1 bars the Secretary of Administration from entering into contracts with vendors that meet one of the conditions of G.S. 105- 164.8(b) and yet refuse to collect use taxes on sales of tangible personal property to purchasers in North Carolina. The conditions include: (a) maintenance of a retail establishment or office; (b) presence of representatives in the State that solicit sales or transact business on behalf of the vendor; and (c) systematic exploitation of the market by media- assisted, media - facilitated, or media - solicited means. The Contractor certifies that it and all of its affiliates (if any) collect all required taxes. Miscellaneous Amendment: This contract may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives of the Contractor. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this contract violates any applicable law, each such provision or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this contract shall remain in full force and effect. Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Time of the Essence: Time is of the essence in the performance of this contract. Key Personnel: The Contractor shall not replace any of the key personnel assigned to the performance of this contract without the prior written notification of the Contractor. The term "key personnel' includes any and all persons identified by as such in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the parties. Care of Property: The Subcontractor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse the Contractor for loss of, or damage to, such property. At the termination of this contract, the Subcontractor shall contact the Area Agency on Aging for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Subcontractor for travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not exceed the rates published in the applicable State rules. International travel shall not be reimbursed under this contract. Sales /Use Tax Refunds: If eligible, the Subcontractor and all subcontractors shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105 - 164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Contractor shall not use the award of this contract as a part of any news release or commercial advertising.