Lakelandgov.net
Purchasing Division

Login

LeftNav - Right Corner Image   Main > Purchasing  > Terms

City of Lakeland
Purchasing Division
Terms of Agreement

  1. No Deviations from the terms or provisions of this order may be made without written authority from purchaser. This order is not assignable without purchaser's consent.

  2. All items are subject to purchaser's inspection and approval within a reasonable time after receipt at destination. Seller hereby warrants all items delivered hereunder to be in accordance with the specifications herein set forth, samples submitted and drawings attached or referred to, and to be free from all defects in materials and workmanship and agrees that this warranty shall survive acceptance.

  3. Seller hereby warrants that the articles hereby ordered or any part and/or combination thereof do not infringe any existing patents and seller agrees to defend Purchaser against any suit for actual or alleged infringement of any such patents.

  4. Seller agrees to indemnity and hold Purchaser harmless against all laborer's materialman's, and or mechanic's liens arising from Seller's work and shall keep the premises of Purchaser free from all such claims, liens and encumbrances.

  5. Seller warrants that all materials and equipment purchased hereunder will conform will all applicable city, state and federal laws, ordinances and regulations. Further, Seller will defend and save Purchaser harmless from loss, cost or damage by reason of any actual or alleged violation thereof.

  6. Unless otherwise specified or agreed by Purchaser, any transportation charges assessed against Purchaser must be at the lowest common carrier rate for the quantity ordered and invoice charges must be supported by a paid freight bill or equivalent.

  7. Purchaser shall have the right to make changes in this order by issuance of a written Change Order, but no additional charge will be allowed unless authorized in writing by Purchaser. If such changes affect delivery or the amount to be paid by the Purchaser, Seller shall notify Purchaser promptly and negotiate an adjustment in writing.

  8. Purchaser shall have the right to cancel this order without obligation to Seller if delivery is not made writing the time specified herein, or, if no time is specified, within a reasonable time.

  9. If Seller ceases to conduct its operation in the normal course of business including inability to meet its obligation as they mature or if any proceeding under the bankruptcy or insolvency laws is brought by or against the Seller, or a receiver for the Seller is appointed or applied for, or assignment for the benefit or creditors is made by the Seller, Purchaser may terminate the order without liability except for deliveries previously made or for goods covered by the order then completed and subsequently delivered in accordance with the terms of the order.