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19. SOURCE OF SUPPLY <br />A. If the Bidder is not a manufacturer, the source of supply must be shown and all <br />sub -contractors must be identified. <br />20. PACKAGING <br />A. All items shall be delivered strongly packed and marked according to accepted commercial <br />practice unless otherwise directed in the Specifications. No charge shall be made for <br />containers and the City shall have no obligation to return containers unless otherwise <br />provided by the Specifications or Special Provisions. Any items not received in good <br />condition will be rejected. <br />21. INSPECTION OF GOODS <br />A. The City of South Bend reserves the right to inspect and have any goods tested after delivery <br />for compliance with the specifications. Notice of latent defects, which would make the item <br />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 Contractor at the expense of the <br />Contractor. If the Contractor fails or refuses to remove the rejected items, they may be sold <br />by the City of South Bend. <br />C. In some cases, at the discretion of the City, inspection of the commodities or equipment will <br />be made at the factory, plant, or other establishment where they are produced before <br />shipment. <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 />22. ASSIGNMENTS <br />A. No person to whom a Contract has been awarded may assign his interest in the Contract <br />without the consent, in writing, of the City. <br />23. CANCELLATION <br />A. The City of South Bend reserves the right to cancel any Contract for failure or refusal of <br />performance, fraud, deceit, misrepresentation, collusion, conspiracy, or any other misconduct <br />on the part of the Contractor. <br />24. DEDUCTION OF DAMAGES <br />A. If the City cancels the contract for any cause, it shall deduct from whatever is owed the <br />Contractor on the Contract or any other Contract, any amount sufficient to compensate the <br />City for any damages suffered by it because of the Contractor's wrongdoing. <br />25. METHOD OF INVOICING FOR PAYMENT <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 Contractor allows a discount, the period of time in which the City must make <br />payment to qualify for the discounts shall be computed from the date the City received the <br />invoice (completely 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 />26. OWNERSHIP OF GOODS, <br />A. The goods 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 />17 <br />