DESCRIPTION OF ITEMS. Any brand name, catalog or manufacturer's reference used in describing any Item is intended to be restricve, unless otherwise noted. All Items supplied shall be the latest improved model meeng specificaons in producon at the me of delivery and shall be delivered completely assembled, adjusted, serviced, and ready for use. Seller warrants that it has adhered to all applicable patents, copyrights, trade or service marks, or other proprietary or intellectual property rights that may exist on Items provided under this PO and Seller indemnifies County against any claims or liability for infringement of those rights arising out of County's use or possession of the Items in accordance with the terms and condions imposed by Seller on such use or possession. Question & Answer End Date Apr 5, 2022 5:00:00 PM CDT DELIVERY. Seller shall make its best efforts to use recycled boxes, water soluble peanuts, and other environmentally beneficial materials to package Items. Seller shall aach an itemized packing list bearing Delivery, or Purchase Order Number to the outside of every shipping container delivered against this PO. Seller shall deliver all Items Free on Board to final desnaon, unless otherwise stated in this PO. If the County department receiving Items under this PO does not accept any Items because the Items are not sasfactory, or damaged or do not conform to specificaons, Seller is liable for all costs associated with the nonconformance. WARRANTY. County does not waive any implied warranes. In addion, Seller warrants to County that all Items delivered conform to the specificaons, drawings, or other descripons, furnished or incorporated by reference in this PO, and are of merchantable quality, of good workmanship, and free from defects. Seller shall provide copies of applicable warranes, including manufacturers' warranes, to the Purchasing Agent. Seller shall pay for return of defecve Items under warranty. Seller cerfies that a) it is a qualified, capable, and otherwise eligible business enty, b) it is not in receivership and does not contemplate receivership, c) it has not filed for and is not in a state of bankruptcy, and d) it is not delinquent in paying property taxes to the Travis County Tax AssessorCollector. PAYMENT CONDITIONS. Before any funds are payable under this PO, Seller shall provide County with an IRS Form W-9 Request for Taxpayer Idenficaon Number and Cerficaon that is completed in compliance with the IRS regulaons. For determining applicability of payment discounts, me begins upon the later of a) sasfactory delivery and acceptance of items and services or b) submission of an invoice that includes at least the PO number, descripon of Items*, quanty, unit price, total per Item and total invoice amount. As authorized by Texas Tax Code secon 151.309, Seller shall not include any state or local taxes in the price stated in this PO or any invoice. County pays Seller aer sasfactory delivery and acceptance of all items and services and aer Seller submits an invoice as described in b) above. County does not make paral payments unless payment terms are specifically stated in this PO. Texas Government Code Chapter 2251 (the "Prompt Payment Act") governs interest on overdue payments. If Seller is delinquent in paying property taxes to the Travis County Tax Assessor-Collector at the me of invoicing, Seller assigns any payments due under this PO to the Travis County Tax Assessor-Collector for the delinquent taxes. County reserves the right to review insurance requirements during any term of the Contract and to require that Contractor make reasonable adjustments when the scope of services has been expanded.
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