Laserfiche WebLink
unfit for the purposes for which they are required, may be given at any time within one year <br />after discovery of the defects. <br />B, All items rejected must be removed immediately by the 6ontractor at the expense of the <br />oJe <br />Contractor. If the Contractor falls or refuses to remove ifie r ' cted items, they may be sold <br />by the City of South Bond. <br />C. In some cases, at the discretion of the City, inspection of the commodities or equipimnt will <br />be made at . tile factory, plant, or other establishment where they are produced before <br />shipm ent. <br />D. The above provision shall not be construed in limitations of any rights the City may have <br />under any laws including the Uniform Commercial Code, <br />21. ASSIGNMENTS <br />A. No.personJo whom a Contract has been awarded may assign his Interest In the Contract <br />Without the conse nt, in writing,. of the City. <br />22, CANCELLATION <br />A. The City of South Bend reserves the right to cancel any Contract (or failure or refusal of <br />Perforthandej fraud, deceit, misrepresentation, collusion, conspirady,or any othbr.misconduct <br />on the part of the Contrac ' tor. <br />23. DE-DUC MbNOF: DAMAGES <br />If the City cancels the contract for any cause, It shall deduct from wh6tover is owed the <br />Contractor on the Contract or any other Contract, any amount surfi Icent. to compensate the <br />City for any damages suffered by it because of the Contractor's wrongdoing. <br />24. METHOD.OF INVOICING FOR.P.A.YMENT <br />A. Contractor shall bill the City of South Bend <br />1. On regular Invoice form giving a complete and detailed description of the goods delivered, <br />including purchase order number. <br />2. if the 0ontrattor allows a. discount, the poriod of lime In the City M10 mako <br />payment to qual . if . y for the discounts shall be. cornputed frorn the dzite the City received the <br />involco (col-opletely filled out), or the date the goods:are delivered and accepted, <br />whichever may be later, and shall not be less than twenty (20) days. <br />3. If more than one shipment is made under the Contract and on the same purchase order, <br />the City will make partial payments on a basis that is agreeable to both parties. <br />25. oWNEP,81110 OF GOODS <br />A. The uo , ods which are the subject of the Contract shall remain property of the Contractor until <br />.delivered to and accepted by the City of South Bend. <br />26. ESJIMATED,.Q[JANTITIr--S <br />A. If -the quantity set forth in the Notice to Bidders and Proposol Is approximate and reprO§WS <br />.the estimated requirements.of the City for a specMed period of time, the wit price and the <br />extended total price thereof shall be used only as. a basis for the evaluation of bids. The. <br />actual quantities necessary may be more or less than the e5t.lM8t%:b(1t tile city shall neither <br />be obligated nor limited to.any sppcificarnount. The City will, If at all possible, res(rict <br />increases to twenty porc�ent (20%) of the estimated quantity and will, if at all possible, restrict <br />decreases to twenty . percent (20%) of the estimated quantity. <br />27. TERWOR EQUAL" <br />A. Whore the term "OR EQUAL" is used in these Specific.ationg, the Bidder deviating from <br />specified item shall file with his/her.bld a. letter fully 0XIII81hing and jos.tifying his/her proposed <br />article or equal. The City of South Bend shall be the Sole]LIC190 In determining If the "OR <br />EQUAL" offered meets the Specifications. <br />