|
. r
<br /> Terms and Conditions
<br /> By acceptance of this purchase order,the vendor or contractor,(referred to as the Seller),declares that the supplies,materials,equipment,
<br /> apparatus,or services will be furnished according to the following terms and conditions:
<br /> 1. QUESTIONS CONCERNING THE PURCHASE ORDER: Seller. When goods have been rejected, the County shall
<br /> Contact the Ship To Department shown. have the right to cancel any unshipped portion of this order.
<br /> 2. PURCHASE ORDER NUMBER: The purchase order Pa ell for supplies shall not constitute acceptance and is
<br /> 3. PRI
<br /> number must appear invoices, packing slips, without prejudice to claims that the County may have against
<br /> and bill of
<br /> prices do not agree with your quotation, 14. WARRANTY: The Seller expressly warrants that goods
<br /> you must notify the ordering Department immediatelyAll covered by this order will conform to the specifications,
<br /> prices are quoted F.O.B. DESTINATION unless specifically drawings,or samples furnished by the County,be suitable for
<br /> indicated otherwise. the purpose intended, and shall be free from defects in
<br /> 4. INVOICES: MI invoices are to be mailed to the Ship To material and/or workmanship and shah be merchantable. This
<br /> Department. Each purchase order must be invoiced warranty shall survive any inspection, delivery acceptance or
<br /> separately. Invoices for partial shipments
<br /> will
<br /> of be
<br /> The payment by the County. The Seller also warrants that the
<br /> and final invoices should indicate completiongoods do not infringe any patent, registered trademark or
<br /> Purchase Order Number must be referenced on all invoices. copyright, and agrees to hold Lee County harmless in the
<br /> 5. CASH DISCOUNTS: All cash discounts will be effective from event of any infringement or claim thereof. Additionally,Seiler
<br /> the date of actual receipt of a correct and approved invoice warrants that the goods are free and clear d ant lies and
<br /> by the department encumbrances, and that Seller has a good and marketable
<br /> 6. PAYMENT The minty agrees to pay all approved title to the same.
<br /> Invoices Net Thirty.(30) fnan the date received and 15. HAZARDOUS CHEMICALS: The Seller shall ensure that
<br /> pproved The County does not agree to the payment of late each container of a hazardous chemical is labeled, or
<br /> charges or finance charges assessed by the Seller for any marked with information required by O SHA s
<br /> reason. Invoices are payable in U.S.funds. Communication Standard, •: •
<br /> 7. TAXES: Lee County is not Tax-Exempt. Prices shown on requirements, and any . = EPA requirements.
<br /> the County's purchase order may not include tax; however, 16. MATERIAL SAFETY DATA EETS (MSDS): The Seller
<br /> all applicable taxes shall be paid by the County. Seller shall shall ensure that Lee County is provided an appropriate
<br /> Merrfte taxes on the Seller's invoice. It should be noted that current MSDS with or prior to the initial shipment of a
<br /> the County is exempt from Federal Excise Tax except as hazardous chemical, and with or prior to the initial shipment
<br /> required to be paid by law. after the MSDS is updated.
<br /> 8. QUANTITY: The specific quantity ordered must be delivered 17. NON-DISCRIMINATION POUCY: Lee County does not
<br /> in full and will not be changed/Increased without the discriminate on the basis of race, color, sex, rational origin,
<br /> Purchasing Director's written consent Any unauthorized reion,age or disability.
<br /> subjecttore lion and return at Seller's expense. 18. VERBALAGREEMENNTT:.
<br /> This purchase order, including all
<br /> 9. ANDPA GING: Price quotations shall indude references and/or insertions, with the stated terms and
<br /> transportation,shipping,handling and similar charges. conditions thereon shell constitute the complete agreement
<br /> freig�hipmentssh will be refused. The Seller shall between the County and Seller. The terms and conditions of
<br /> absorb any increase in rates becoming effective after the this order shall not be modified by any verbal understanding
<br /> date hereof. The seller agrees to assume and pay all extra and shall only be binding if agreed to in writing by the County.
<br /> =occurrim on account of improper packaging. 19. INDEPENDENT CONTRACTOR. It is mutually understood
<br /> CES PERFORMED: All services rendered under this and agreed that the Seller is an independent contractor and
<br /> 10. agreement will be performed at the Seller's own risk and the not an agent ofLee nty,and as such,Seller and his or her
<br /> Seller expressly agrees to indemnify and hold harmless Lee agents and employeesshall not be entitled to
<br /> County,its officers,agents, and employees from any and all employment benefits,including but not limited to vacation,sick
<br /> Milky, loss or damage that they may suffer as a result of leave insurance, worker's compensation, pension or
<br /> claims,demands,actions,damages or injuries of any kind or retirement benefits.
<br /> nature whatsoever by or to any and all persons or property. 20. GOVERNING LAW: This agreement shall be tioverned and
<br /> APPLICABLE LAWS: By the acceptance of this order, interpreted pursuant to Laws of the State of North Carolina.
<br /> 11. Seller represents that the goods covered by this order are in Any legal actions arising from default of this contract shall be
<br /> full compliance with all applicable local, state or federal laws brought only in the County of Lee, State of North Carolina.
<br /> and regulations and agrees to Indemnify and defend Lee 21. E-VERIFY: For purchase orders that include construction or
<br /> Cog loss, amiability or damage by reason services,employers and their subcontractors with 25 or more
<br /> Seller's violation employees in North Carolina as defined in Article 2 of Chapter
<br /> CANCELLATION: Lee County reserves the right to cancel 64 of the NC General Statutes must comply with E-Verify
<br /> 12. this order, or any part thereof, at any time without penalty. requirements to contract with the County. E-Verify is a
<br /> Such cancellation may be based upon failure of the Seller to Federal program operated by the US Department of Homeland
<br /> comply with the terms and conditions of this transaction, Security and other federal agencies, or any successor or
<br /> failure to failure to makepthe work with promptness and dvgence, equivalent program used to the work authorization of
<br /> shipment within the time specified, or for any newly hire employees pursuant to l law.
<br /> other reason which causes the Seller not to perform as 22. IRAN DIVESTMENTACT CERTIFICATION: By acceptance
<br /> agreed. of this purchase order Seller certifies that:(I)Seller Is not listed
<br /> ACCEPTANCE AND INSPECTION: All goods shall be on the Final Divestment Ust created by the State Treasurer
<br /> 13. subject to the County's right of inspection and rejection. Risk pursuant to N.C.G.S.§147.86.58the'Final Dhrestment Usr')
<br /> of loss and title to all goods shall remain with the Seiler until and(i)Seiler will not utilize
<br /> ze any sur perfonNng work
<br /> acceptance has been made by the County. If goods are under this Purchase Order which is listed on t e Final
<br /> rejected, they will be returned at Seller's risk for credit or Divestment List. The Final Divestment Ust can be found on
<br /> replacement at the County's option and all handling and the State Treasurers website at the address
<br /> transportation expenses both ways shall be assumed by the www.nctreasurer.comn/lran and should be updated every 180
<br /> days.
<br /> The attached Amendment No. 1 is hereby made a part of this agreement.
<br /> NORTH CAROLINA.,LEE COU
<br /> Presented f reyis"Udo.Oft this 4 ay
<br /> of,A-e-c• .20, 1 �;OS '- ' '
<br /> recorded in Book, 3 ( page a t 3
<br />
|