The following conditions are legally-binding conditions which describe the responsibilities of the vendor and the City. These conditions shall form a part of all Purchase Orders issued by the City of San Diego. In accepting the award of a Purchase Order from the City of San Diego, the vendor agrees to having read and acknowledged these Conditions.
- Complete Agreement
Upon acceptance by the City of San Diego, a solicitation, bid, proposal, or price quotation and the resulting Purchase Order shall be deemed a binding contract. Changes are binding only if agreed to in writing.
If a Purchase Order is not accepted as written, the City of San Diego Purchasing Division must be notified immediately. The Purchase Order and a written explanation must be returned at once to the Procurement Specialist specified on the Purchase Order.
Written correspondence relating to a Purchase Order shall be delivered to the Purchasing Division to the attention of the specified Procurement Specialist at Purchasing's Mailing Address.
Goods and/or services shall be delivered on or before the date specified on a Purchase Order. Partial deliveries may be accepted. The City reserves the right to designate the freight carrier and routing.
- Late Shipments
Vendor is responsible for notifying the City Department receiving the items and the specified Procurement Specialist of any late or delayed shipments. The City reserves the right to cancel all or any part of the Purchase Order if vendor fails to make deliveries within the time specified on the Purchase Order.
- Sellers Invoice
Vendor must submit its invoice within 100 days of completing the order, as specified in Section 110 of the City Charter or statute. Failure to observe this time limitation may constitute a waiver of all claims for payment of the invoice. Invoices shall be prepared and submitted in duplicate to the "Ship-to" address shown on the Purchase Order. Separate invoices are required for each Purchase Order and shall reference the Purchase Order number, item number, description of supplies or services, sizes, unit of measure, quantity, unit price, and extended totals.
- Federal Excise Tax
The City is exempt from payment of Federal Excise Tax. Do not include Federal Excise Tax on invoices. Exemption certificates will be furnished if requested.
- Freight Charges
Freight charges, whether sold FOB Destination or FOB Point of Shipment, must be prepaid.
The vendor shall hold the City, its officers, agents, and employees harmless from liability of any nature or kind on account of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, materials, or appliances furnished or used under a Purchase Order issued by the City of San Diego.
All material and workmanship is subject to inspection and test by the City notwithstanding any inspection during manufacture or witness test at the plant. Final inspection and acceptance of any articles ordered shall be after receipt by the City. The City reserves the right to reject any articles which do not comply with the specifications of its Purchase Orders or which contain defective materials or workmanship. Rejected articles shall be removed at vendor's expense, including transportation both ways promptly after notification of rejection, and vendor shall bear risk or rejected articles.
- Assignment of Contract
Contractor shall not assign any part of the Purchase Order or referenced contract without prior written consent of the City.
Deliveries must not exceed the quantities shown on the Purchase Order without prior written approval of the Purchasing Division.
- Safety Orders
Goods and services must conform with the Safety Orders of the California State Division of Industrial Safety and the Occupational Safety and Health Act of 1970.
- Title to Goods
It is the intent of the parties to this contract that all risk of loss and title to the commodities covered by this contract shall pass at the FOB point contained herein except as expressly ordered otherwise.
Notwithstanding the City's acceptance or right of inspection and/or any other terms or conditions provided in the Purchase Order and referenced contract, the vendor warrants that all articles furnished thereunder are free from defects in design, materials, or workmanship and that articles fully comply with specification and are suitable and fit for the use intended.
- Equal Employment Opportunity
Contractor shall not discriminate against any employee or applicant for employment on any basis prohibited by law. Contractor shall provide equal opportunity in all employment practices. Contractor agrees to be bound by the City of San Diego Equal Opportunity Ordinance .