Sample Terms and Conditions for Purchase Orders – Procurement

Description

This purchase order is a contract between the City of Everett and the vendor identified on the face hereof and is subject to the terms and conditions below. These terms and conditions are an integral part of the purchase order and supersede all terms or conditions proposed by vendor. 1. Acceptance. Vendor, by providing goods or services, agrees to all terms and conditions specified herein, on the face hereof, on any attachments hereto, and on any invitation for bids, request for proposals, or other solicitation document that may have preceded this award. 2. Inspection and Acceptance. All goods and services furnished must be as specified and will be subject to inspection and approval after delivery. In addition, all goods and services must comply with relevant drawings, samples, or specifications and meet the highest professional standards. City of Everett shall have a reasonable time after delivery to inspect the goods delivered or services rendered and to reject or revoke acceptance of any non-conforming goods or services. Non-conforming and rejected goods shall be returned to vendor at vendor’s expense. Any substitution, change, or acceptance of non-conforming goods must be approved by the City of Everett prior to shipment. Non-conforming services shall be performed again at the vendor sole cost and expense. 3. Delivery. Prices are considered "F.O.B. Delivered" with transportation charges prepaid on all orders unless otherwise indicated. Time being of the essence of this contract, the University reserves the right to cancel this contract or any portion of the same if delivery is not made when and as specified, and charge vendor for any loss sustained as a result of such cancellation including, but not limited to, shipping charges. 4. Warranties. Vendor warrants that all delivered articles to be free from material or manufacturing defects. Goods provided by vendor under this order/contract shall be merchantable. All goods provided shall be of good quality within the description given by the City of Everett, shall be fit for their ordinary purpose, shall be adequately contained and packaged within the description given by the City of Everett, shall conform to the agreed upon specifications, and shall conform to the affirmations of fact made by the vendor or on the container or label.