Purchase of IT Software

Description

PO TERMS AND CONDITIONS FOR PURCHASE OF IT SOFTWARE 1. 2. 3. 4. 5. 6. 7. 8. INTRODUCTION: The following terms and conditions apply to all purchases of software and products by or on behalf of the City unless specifically provided on the Purchase Order and/or incorporated by reference herein. TERM OF AGREEMENT: Vendor will become effective upon Effective Date of the Purchase Order and will expire upon the Expiration Date printed on the front of this document and/or when all software and products have been received and accepted by the City in accordance with this agreement and the final payment is made. INCLUDED PARTIES: Contractor will accept orders from and furnish the Products under this Agreement to any governmental agency or other public entity authorized to use the products pursuant to any interlocal or other such agreement, at prices not to exceed those prices specified in the published Agreement. PRICE AND PAYMENT 4.1 Invoices. Payment shall represent the full compensation for all Software and products provided by the Contractor. Undisputed invoices shall be due and payable on receipt within 30 days. 4.2 Disputes and Interest. City shall notify Contractor of any disputed amount within twenty (20) business days of receipt of the applicable invoice by City’s Representative. Contractor shall perform the duties in an efficient, competent and timely manner and exercise reasonable care, skill and diligence in the performance thereof. RISK OF LOSS: The risk of loss for the Deliverables hereunder shall pass to City upon the completion of both (a) Delivery of that Deliverable to (i) the Designated Location; or (ii) another location owned or controlled by City and specified by City for such delivery, and (b) the signature of a person authorized to receive the delivery. CITY PROPERTY: Unless otherwise specified, title to any Deliverable provided under this Agreement shall pass to City upon its acceptance of the Deliverable. REPRESENTATIONS AND WARRANTIES 7.1. Authority. Contractor represents and warrants that (i) Contractor has the power and authority to enter into and perform this Agreement, and all associated documents including, but not limited to, attachments and addendums collectively. 7.2. Contractor Responsibility.