Salt Lake City

Purchasing - Salt Lake City Purchase Order Terms and Conditions

These terms and conditions are found on the back side of all Salt Lake City Purchase Orders

This purchase order constitutes an offer to purchase and not an acceptance of any offer to sell. This offer for goods and/or services may be accepted only in accordance with all terms and conditions of this order without modification, addition, deletion or alteration.

  1. Acceptance: In absence of written acceptance or the written confirmation by Vendor, the commencement of any work pursuant to this order or the delivery of any goods and/or performance of services described herein shall be deemed an acceptance hereof by Vendor.
     
  2. Identification: All shipping containers, shipped documents and invoices must be labeled with the purchase order number, job name and "Shipped to" information without exception. Every shipment must be accompanied by legible packing list or tally containing complete information.
     
  3. Taxes: Federal Excise and other taxes on which exemption is allowed government agencies, must not be included or added to the price of any item on this order unless otherwise authorized on the face of this purchase order. Necessary exemption certificates will be supplied upon request if more than what is contained on the face of the purchase order is needed. Any taxes later found to have been included and paid by City shall be refunded by Vendor in the amount of the tax so paid.
     
  4. Prices: If prices decline before receipt of shipment, the revised prices shall govern. Otherwise, invoices shall be approved for payment only at the prices of quotations agreed upon or prevailing at the time the order was placed, unless City is notified immediately upon receipt of the purchase order and prior to shipment or any increase in price, whereupon City shall have the right and privilege to cancel the order.
     
  5. Production and Manufacturing Processes: Any knowledge or information which Vendor may disclose to City in connection herewith, shall not, unless otherwise specifically agreed to in writing by City, be deemed confidential or proprietary information and shall be acquired free of any such restrictions (other than a claim for City's infringement of Vendor's patents) as part of the consideration for this order.
     
  6. Drawing Approval: Items requiring City's approval of drawings shall not be shipped or invoiced without such approval. Any expense incurred by City through Vendor's failure to comply herewith shall be charged to Vendor's account.
     
  7. Packing and Freight:

    A. No charge will be allowed for packing and freight unless agreed upon in writing, prior to acceptance of the order.

    B. Materials must be packed in conformity with tariff or classification requirements so as to secure the lowest possible freight rates.

    C. City shall receive the benefit of any decrease in freight rates between the time of quotation and the date of shipment in all cases where freight is part of the quoted price.

    D. Vendor shall not make partial shipments or deviate from the shipping and routing instructions hereon without prior authorization from the City, and Vendor agrees to reimburse City for any additional expenses incurred from Vendor's breach thereof.
     
  8. Delivery: Delivery shall not be made to any place other than the destination specified without City's prior written approval. If delivery cannot be made within the time specified, advise the Purchasing Division immediately, (801) 535-7661.
     
  9. Special Payment: No C.O.D. shipments will be accepted.
     
  10. Rejections/Reimbursements: If, within a reasonable time after delivery, City finds goods ordered hereunder to be defective in workmanship or material, or otherwise not in conformity herewith, City may, in addition to its other rights, reject and return such goods at Vendor's expense and such goods may not be replaced by Vendor without written authorization from City.
     
  11. Time of Essence: Time is the essence of this contract, and if Vendor shall fail to deliver the materials or services at the time specified herein, City upon written notice to the Vendor, mailed to the address on this order, will have the right to procure materials or services elsewhere and the Vendor hereby agrees to pay any additional charge, cost or penalty that City may incur thereby. Because time is the essence of this contract, City also reserves the right to cancel this order without penalty if shipments are not made as specified herein. City further reserves the right to cancel a portion or all of this order for any reason and upon such cancellation shall pay Vendor's reasonable costs incurred.
     
  12. Indemnity: Vendor shall save City, its agents and employees harmless, and defend any suit and pay any judgment and expenses or effect settlement of any suit or proceeding brought against City, its employees or agents arising from its purchase and/or use of the goods and services covered by this purchase order, and Vendor shall hold City, its agents and employees harmless from all liability and litigation expenses based upon alleged infringement of any patent except for the specific designs or specifications of City.
     
  13. Warranty: For a minimum of one (1) year after delivery to City, Vendor warrants that the goods furnished hereunder shall conform to the requirements and specifications of this order and shall be of good workmanship and quality, free of all defects and fit for the purpose for which they are intended. Disclaimers of express or implied warranties and limitations of liability from or in connection with Seller's products ordered hereby will be of no effect unless assented to in writing by City.
     
  14. Assignment: Vendor cannot assign or subcontract any part of this order without prior written consent of City.
     
  15. Non-Waiver: City's failure to insist upon strict performance of the terms and conditions hereof shall not be construed as a waiver of the right to rely thereon in the future.
     
  16. Entire Agreement: This purchase order and the request for bid or quotation, if any, expresses the entire agreement between the Vendor to rely thereon in the future.
     
  17. Terms of Agreement: The terms of this agreement shall be construed in accordance with the laws of the state of Utah and enforced only in the federal or state courts located in Salt Lake City, Utah.
     
  18. For ADA Accommodations: Please allow 48 hours notice, TDD phone (801) 535-6021, FAX Phone (801) 535-6190.
     
  19. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES:
    The bidder, offeror, or contractor represents that it has not: (1) provided an illegal gift or payoff to a city officer or employee or former city officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in the city's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a city officer or employee or former city officer or employee to breach any of the ethical standards set forth in the city's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code.