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Terms and Conditions

  
  1. TAX Unless otherwise specified, the unit prices stated herein do not include Sales or Use Tax.    
          
     
  2. INSPECTION Cost of inspection on deliveries, or offers for delivery, which do not meet specifications, will be for the account of the vendor.     
       
     
  3. COPYRIGHT The vendor shall hold the County of San Joaquin, its officers, agents, servants, and employees, harmless from liability, of any nature or kind on account of use of any copyrighted, or un-copyrighted composition, secret process, patented or un-patented invention, articles or appliance furnished or used under this order.     
        
     
  4. ACTS OF GOD The vendor may not be held liable for failure or delay in the fulfillment of this order or prevented by fires, strikes or Acts of God.     
       
     
  5. FURNISHED MATERIAL Stock which may be furnished by the County to be used in this order shall be returned to the County free from damage from any cause and in accordance with all other terms and conditions of bid and order.     
        
     
  6. F.O.B. Unless otherwise stated, all shipments shall be F.O.B. Destination.
         
     
  7. WARRANTY  In addition to any warrantees otherwise required, the Bidder shall warranty his work free from defects and material and workmanship for a period of one year from the date of acceptance by the County and shall agree to replace at his own expense any said defect that may occur within that time. Such warranty is in addition to, and not in lieu of the County’s rights to enforce this agreement in all respects, and the County’s right on all other warranties that may be required by the Request for Bid.
               
    By accepting the warrantees required herein, the County shall not be deemed to have waived any warranty or buyer protection implied, required an/or provided by law, not to have altered any applicable statute of limitations regarding enforcement of any right of the County created by this agreement or otherwise.
           
    Materials, articles and equipment furnished by the CONTRACTOR as requested by the COUNTY, shall be new and of the quality and kind indicated in the specifications, free of defective installation including, but not limited to the local codes and manufacturer’s installation instructions up to a full four (4) years full acceptance by the County. Pursuant to Public Contract Code Section 3400, the CONTRACTOR is authorized to request substitutions of equal materials, in which case the COUNTY shall be the sole judge as to such substitutions.    
          
     
  8. TRADE-IN The County of San Joaquin makes no guarantee or warranty as to the condition, completeness or safeness of any material or equipment that may be traded-in on this order.
          
     
  9. HOLD HARMLESS The vendor agrees to defend, indemnify, and hold harmless the County of San Joaquin, its officers, employees, agents and servants, for any and all liability caused by the negligence or wrongful act of the vendor arising out of the performance of this agreement, or any act of omission of vendor, its agents, employees and servants, or for product liability or breach or warranty of vendor, either expressed or implied, and to pay all claims, damages, judgments, legal costs, adjuster fees and attorney fees related thereto.
         
     
  10. CODE REQUIREMENTS All materials supplied are to be in conformance with all federal, state and local codes including, but not limited to, OSHA and CAL OSHA.
         
     
  11. OTHER TERMS AND CONDITIONS The only terms and conditions that are valid are those agreed to by both parties as shown by written signature.
         
     
  12. RESPONSIBILITY Unless otherwise specified, the vendor shall be responsible for all items covered by this purchase order until delivered at the designated delivery point and the vendor shall bear all risks as to items rejected or requiring correction after notice of such rejection or correction is given.
         
     
  13. CHANGES This purchase order may at any time, by written order, be changed in regard to the materials or services to be furnished, quantities ordered, unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid order. In the event such change causes an increase or decrease in the cost or performance hereunder, an equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing Agent, and written notice given thereof.
         
     
  14. VARIATIONS-QUANTITIES No variation in the quality or quantity of any item called for by this purchase order shall be acceptable except in pursuance of written change order so authorizing and no change in cost shall be valid unless so ordered by the Purchasing Agent.
         
     
  15. TERMINATION This purchase order may be terminated in whole or in any part at any time by written notice and the County shall be liable at the stipulated price only for such materials and/or services as have been delivered and/or rendered and accepted. The County shall not be liable for any excess costs arising out of such termination and failure of the vendor to cease delivery and/or work upon receipt of termination notice shall not occasion a claim for extra costs.
      
  16.  LATE FEES Government Code 926.10 “….any person having such a claim against a public agency, shall be entitled to interest commencing the 61st day after such public entity or person files a liquidated claim known or agreed to be valid when filed pursuant to such statute or contract, and such claim is due and payable. Interest shall be 6 percent per annum.”
         
 




Purchasing & Support Services

44 North San Joaquin Street
Fifth Floor Suite 540
Stockton, CA 95202
Phone: (209) 468-3240
Fax: (209) 468-3393