The right is hereby reserved by the City of Bullhead City (hereinafter referred to as Buyer) to cancel or recall, without liability, all or any part of this order if delivery is not made within the time specified.
The Contractor, Sub-recipient, Subcontractor, or Supplier (hereinafter referred to as Vendor) shall not discriminate on the basis of race, color, sex or national origin in the performance of this contract. Vendor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of contracts. Failure by Vendor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Buyer deems appropriate.
This order is placed under the condition that Vendor protects Buyer against all liability or expense by reason of any copyright, patent or trademark litigation in connection with the goods purchased on this order.
No changes for packing or drayage will be allowed unless so indicated on the face of this order.
If Vendor is unable to deliver all or part of the items shown on this order, Buyer is to be notified at once. Partial inability of Vendor to so deliver will justify Buyer's cancellation of this order in its entirety at Buyer's sole discretion.
Buyer will not be liable for goods delivered to it unless covered by a properly authorized and executed purchase order.
Buyer may cancel, without liability, any order placed hereunder at any time prior to delivery of all the merchandise or the performance of the services called for hereby on written notice to Vendor if, in the discretion of Buyer, the merchandise or services are not of the kind or quality called for hereunder.
Buyer will have no liability for goods delivered in a damaged condition.
Buyer reserves the right to return all or any part of the items listed on this order, if defective in any way. Vendor, in accepting this order, agrees to give Buyer full credit for such returned merchandise.
Goods delivered to or received by Buyer will be accepted only if accompanied by a detailed shipping list.
Vendor warrants that merchandise listed in this order is free and clear of all liens and encumbrances whatsoever and that Vendor has a good and marketable title to same and Vendor agrees to hold Buyer harmless against any and all claimants or claims against said merchandise.
Vendor, by this purchase order, shall acquire no right to, and shall not manufacture, distribute or otherwise dispose, of any merchandise bearing the name of Buyer or bearing any fanciful characters or designs which are the creation of Buyer, any of its affiliated companies, employees, or agents, except the right to manufacture and distribute such merchandise hereby ordered by Buyer in accordance with this purchase order.
In the event this order covers construction and/or services to be performed on Buyer's premises, Vendor must follow Department of Labor Safety and Health Regulations along with all applicable state and federal laws including OSHA standards. Depending on the type of construction and/or services to be performed, if construction: (For projects valued under $1,000,000) Vendor shall have total limits of insurance to include primary and excess coverage in an amount not less than $2,000,000. For professional services contracts, Vendor shall have Errors and Omissions coverage in the minimum amount of $1,000,000, General Liability coverage in the minimum amount of $1,000,000 per occurrence, Property insurance in the amount not less than $500,000, Automobile Liability Insurance, if applicable: combined limit of not less than $1,000,000 per occurrence. Certificates of Insurance must be AM Best rated of no less than A.