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<br />the supply agreement number if applicable. Invoices shall be itemized and transport: ltiOiJ <br />charges, if any, shall be listed separately. A copy oftbe bill oflading, and the fi:eigh way bill <br />when applicable, should be attached to the invoice. Man to: Finance Dcpartment Ac COUl:! .5 <br />Payable, 300 West Walker, League City, Texas, 77573. Payment shall not be due U ltil fb ~ <br />above inst:tum.ents are submitted after delivery. Suppliers should keep the Finance I lepW1 ment <br />advised of any changes in your remittance addresses. <br /> <br />b. Buyer's obligation is payable only and solely from funds available for the purpose 01 this <br />purchase. Lack offunds shall render this contract null and void to the extent ftmds j IC nc: t <br />available and any delivered but. unpaid fur goods will be returned to Seller by Buyer. <br />c. Do not include Federal Excise, State or City Sales Tax. City sball furnish tax exeIQJ tion <br />certificate. <br /> <br />8. GRATUITIES The Buyer may. by written notice to the Seller, cancel this contract with >ut li: .bility <br />to Seller if it is determined by Buyer that gratuities. in the form of entertainment, gifts, (r <br />otherwise, were offered or given by the Seller, or any agent or representative of the Sell ~r. to my <br />officer or employee of the City of League City with a view toward securing a contract 0 r sec;.( ring <br />favorable treatment with respect to the awarding or amending. or the making or any det ::rmDJ .\tiom <br />with respect to the performing of such a contract. In the event this contract is canceled by E 1 .yer <br />pursuant to ~ provision. Buyer shaJl be entitled, in addition to any other rights and reI l.edie::; to <br />recover or withhold the amount oftbe cost incurred by Seller in providing such gratuitiE s. <br /> <br />9. SPECIAL TOOLS & TEST EQUIPMENT Ifthe price stated on the face hereof include 5 the cost <br />of any special tool:h1g or special test equipment fubricated or required by Seller for the p ..rrpo~ := of <br />filling this order, such special tooling equipment and any process sheets related shall bel :OIru: r.he <br />property oftbey Buyer and to the extent feasible shall be identified by the Seiler as such <br /> <br />10. WARRANTY-PRICE <br />a. The price to be paid by the Buyer sball be that contained in Seller's bid which Seller wam nts tc <br />be no higher than Seller's current prices on orders by others for products of the kind and <br />specification covered by this agreement for similar quantities under similar or like co nditic os <br />and methods of purchase. In the event Seller breaches this warranty, the prices ofU e iter IS <br />shall be reduced to the Seller's current prices on orders by others, or in the alternatr 'e, Bl yer <br />may cancel this contract without liability to SeUer for breach or Seller's actual exper :se. <br />b. The Seller warrants that no person or selling agency has been employed or retained 1 0 sol en or <br />secure this contract upon an agreement or understaDrltng for commission, percentag. :, <br />brokerage, or contingent fee excepting bona fide employees of bona fide established comr l.CICial <br />or selling agencies maintained by the Seller for the purpose of securing business. Fo ~ brcl ch or <br />violation of this warranty the Buyer sbaD. have the: right in addition to any other righl or Ii ;hts <br />.: to cancel this contract without liability and to deduct from the contract price, or Othl TWi.f;c <br />recover the full amount of such commission, percentage, brokerage, or contingent .fC e. <br /> <br />c. Due to the fluctuating prices of merchandise, any price changes for items bid on IIllll t be j l <br />writing and reviewed ewry quarter. <br /> <br />11. WARRANTY -PRODUcr SeUer s.ba1l not limit ot exclude any implied warranties and a lY at empt <br /> <br />5 <br /> <br />OY~ <br /> <br />. a' d XII;) 3:1~V31 <br /> <br />LtZLZCCY9Z ~vd tc:tt ZO/eY/SO <br />