1. INSPECTION AND ACCEPTANCE:  Inspection and acceptance will be at destination unless otherwise provided.  Until delivery and acceptance and after rejection, the risk of loss will be on the contractor.  The material delivered under this purchase order shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and therefore is accepted to the satisfaction of the City.  Materials or services delivered must be fully in accordance with specification and of the highest quality.  In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the contractor and return product to contractor at the contractor’s expense.
  2. DISPUTES:  Suppliers shall have the right to present a complaint, dispute or grievance concerning unfair treatment, contacts, deliveries, payments, restrictions and other incidents.

    Step One – Suppliers must file a grievance with the City Purchasing Specialist no later than five (5) calendar days after the occurrence of the dispute or incident. The complaint must be in writing and include all supporting data and desired solution or remedy.  Purchasing Specialist will take corrective action deemed appropriate and provide a written reply within a reasonable period of time.

    Step Two – If the supplier is not satisfied with the Purchasing Specialist’s response, the supplier may appeal in writing to the City Finance Director who shall, with the advice of the Purchasing Specialist and/or City Attorney, make a written determination to all parties involved. 

    Step Three – If, after reviewing the Finance Director’s decision, the supplier is dissatisfied, he/she may appeal in writing to the City Manager.  The City Manager, or his or her designee, upon establishing validity to the complaint may schedule a conference to discuss complaints and hear any evidence or witnesses grievance.  The City Manager’s decision will be issued in writing.

  3. F.O.B.:  Lawrence, Kansas.  Unless otherwise specified in the purchase order, all prices quoted by the contractor must be F.O.B. Lawrence, Kansas with all delivery costs and charges included in the bid price.
  4. MODIFICATIONS OR CHANGES:  No agreement or understanding to modify these purchase orders or contracts shall be binding upon the City unless agreed in writing by the Purchasing Specialist of the City of Lawrence.
  5. DEFAULT OF CONTRACT:  In case of default by the contractor, the City may procure the items or services from other sources and hold the contractor responsible for any excess costs occasioned or incurred thereby.
  6. COPYRIGHT OR PATENT RIGHTS:  Contractor warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of the bid, and contractor agrees to hold the City harmless from any and all liabilities, loss, attorney’s fees or other expenses incurred by any such violation.
  7. ADDITIONAL WARRANTIES:  The contractor warrants that the supplies and/or services furnished shall comply with all applicable State and Federal laws and regulations, and that the contractor shall not represent in any manner, expressly or by implication, that the supplies or services are approved or endorsed by the City of Lawrence.
  8. PAYMENT:     Unless otherwise stated in a contract, payments are considered due 30 days from date of invoice.  Checks will be available on the Friday following City Commission approval of the claim.  The City will attempt to take advantage of any early payment discount.
  9. MATERIAL SAFETY DATA SHEET:  All supply items listed by the EPA as a hazardous material must be accompanied by a Material Safety Data Sheet.
  10. EEO COMPLIANCE:  Contractor certifies that the firm is in compliance with all applicable equal employment opportunity laws.