Reso 2023-3533 - Laserfiche WebLink

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Docuftn Envelope ID:4AQ25838-AEBA-49F9-9947-81Q63DEIB300 equals, said Items to be replaced by the CONTRACTOR with satisfactory items at the original submitted price. Sec. 33. Commercial Warranty. The CONTRACTOR agrees that the Products and Services fumished under this Contract shall be covered by the most favorable commercial warranties the CONTRACTOR gives to any customer for such supplies or services and that the rights and remedies provided herein are In addition to and do not limit any rights afforded to the CITY by any other clause of this contract. CONTRACTOR represents that the warranties set forth herein are not less favorable than those currently extended to any other similarly situated govemment, governmental entity, political subdivision, city, state, school district or other public entity customer, for the same goods, in equal or less quantities, as part of the similar market basket, and under similar terms. Sec. 34. Sellers Invoice. Invoices shall be prepared and submitted in duplicate to address shown on the purchase order. Separate Invoices are required for each purchase order. Invoices shall contain the following information: purchase order number, item number, description of supplies or services, sizes, unit of measure, quantity, unit price, and extended totals. Sec. 35. Inspection and Acceptance. Inspection and acceptance will be at destination unless specified otherwise, and will be made by the CITY department shown in the shipping address or other duly authorized representative of the CITY. Until delivery and acceptance, and after any rejection, risk of loss will be on the CONTRACTOR unless loss results from negligence of the CITY. CONTRACTOR will be notified of rejected shipments. Unless agreed otherwise, Items will be returned freight collect. Sec. 36. Loss and Damaged Shipments. Risk of loss or damage to Items prior to the time of their receipt and acceptance by the CITY Is upon the CONTRACTOR. The CITY has no obligation to accept damaged shipments and reserves the right to return at CONTRACTOR's expense damaged merchandise even though the damage was not apparent or discovered until after receipt of the items. Sec. 37. Late Shipments. CONTRACTOR is responsible to notify the CITY department receiving the Rams and the Senior Buyer of any late or delayed shipments. The CITY reserves the right to cancel all or any part of an order if the shipment is not made as promised. sc. 36. Tax Exemption - Federal and State. (a) The CITY is exempt from Federal Excise and Transportation taxes on purchases under Chapter 32, Internal Revenue Code. The federal tax registration number Issued by the St. 'Louis District Director on November 11, 1974 is No. 43740340K. (b) The CITY Is exempt from payment of Missouri Sales and Use Tax in Accordance with Section 39(10) Article 3, of the Missouri Constitution and Sections 144.040 and 144.616 RSMo 1969 and supplement thereto. A copy of the exemption from Missouri Sales and Use Tax is available upon request. Sec. 39. Annual Appropriation of Funds. (a) Multi-year term supply and service contracts and leases and the exercise of options to renew term contracts are subject to annual appropriation of funds by the City Council. Payments made under term contracts and leases are considered items of current expense. Purchase orders are MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 14 of 20 (REV, 12-05-16)