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<br />STANDARD PURCHASE TERMS AND CONDITIONS <br />CITY OF LEAGUE CITY. TEXAS <br /> <br />Seller and Buyer agrees as follows: <br /> <br />1. SELLER TO PACKAGE GOODS Seller will package goods in accordance with good ( uJll1'll :rcial <br />practice. Each shipping container shall be clearly and permanently marked as follows: (, ) Se[ ~r's <br />na.me and address; (b) Consignee's name, address, and purchase order or purchase relea iC n1.l1l]ber <br />and the supply agreement number if applicable (c) Container number and total number 0 f <br />containers, e.g. box 1 of 4 boxes; and (d) the number oithe container bearing the packh g s1i~. <br />Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably p l.Cke,j to <br />secme lowest transportation costs and to confurm with requirements of common carrier) and any <br />applicable specifications. Buyer's count or weight shall be final and conclusive on shipn lents lOt <br />accompanied by packing lists. <br /> <br />2. SHIPMENT UNDER RESERVATIONS PROHIBITED: Seller is not authorized to shi) the: ~oo<:u <br />under reservation and no tender of a biD. ofIading will operate as a tender of goods. <br /> <br />3. TITLE & RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until <br />Buyer actUally :receives and takes possession of the goods at the point or points of delivl ry, <br /> <br />4. DELIVERY TERMS AND TRANSPORTATION CHARGES F.G.B. Destination Freiiht PI;paid <br />unless delivery terms are specified otherwise in bid: Buyer will be responsible for pick u] ~ of <br />merchandise within 10 miles of the City complex. In the event the merchandise is outsiC ~ tlu: lO <br />mile radius, Buyer agrees to reimburse Seller for transportation costs in the amount sp~ i:tied a <br />Seller's bid, or actual costs, wbichever is lower, if the quoted delivery terms do not inch.de <br />transp01"t3.tion costs, provided Buyer shall have the right to designate what method of <br />tranSportation shall be used to ship the goods. All deliveries will be on Tuesday, W edm: 5day, <br />and/or Thursday not before 10:00 a..m. or after 3:00 p.rn. <br /> <br />5, <br /> <br />NO REPLACElMENT OF DEFECTIVE TENDER Every tender or delivery of goods II ust 1111y <br />comply with all provisions of this contract as to time of delivery, quality and the like. If a terlller is <br />made 'Which does not fully conform, this shall constitute a breach and Seller sba11 not ba' 'e th~ right <br />to substitute a conforming tender, provide~ where the time for performance bas not yet expir ~ <br />the Seller .may reasonably notiiY Buyer ofms intention to cure and may then make a con nmi ~g <br />tender withixl the contnwt time but not afterward. <br /> <br />.. <br /> <br />6. PLACE OF DELIVERY The place of delivery shall be that set forth in the block of the 'lurch C5e <br />order or purcbase release entitled "Receiving Agency". Any cb.a.nge thereto shall be eff( cted . ..y <br />; modification as provided in Clause 20, '"Modifications", hereof. The terms of this agree: uent lI'e <br />'no azrival, no sale"", All deliveries will be made on Tuesday, Wednesday, and/or ThutS! lay, :n It <br />before 10:00 a..m. or after 3:00 p.m. <br /> <br />7. INVOICES AND PAYMENTS <br />a.. Seller shall submit separate invoices, in duplicate. on each purchase order or purcbm a rele .1SC <br />after each delivery. Invoices shall indicate the purchase order or purchase release nlJ mbe:t' and <br /> <br />4 <br /> <br />60l2J <br /> <br />'O'.:! xu~ 3!l~V31 <br /> <br />LtZLZCCt9Z xv.:! tc:tt gO/tt/~O <br />