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City of San Marcos <br />Standard Terms and Conditions <br />By entering into an agreement with the City of San Marcos, Contractor agrees to be governed by the following terms and <br />conditions. <br />1.Definitions. <br />Specifications or Supplemental Terms and Conditions, <br />each shipping container shall be clearly and permanently <br />a.Addendum is a w ritten instrument issued by the <br />marked as follows: (a) The Contractor's name and address, <br />City of San Marcos which clarify, correct or <br />(b)the City’s name, address and purchase order or <br />change the bidding/proposal requirements or the <br />purchase release number and the price agreement number <br />contract or solicitation documents prior to the due <br />if applicable, (c) Container number and total number of <br />date of the bids/proposal. “Addenda” is the plural <br />containers, e.g. box 1 of 4 boxes, and (d) the number of the <br />form of Addendum. <br />container bearing the packing list. The Contractor shall <br />b.Agreement means any contract, agreement, purchase <br />bear cost of packaging. Goods shall be suitably packed to <br />order, contract award, response to production or any <br />secure lowest transportation costs and to conform with <br />other document which references these Terms and <br />requirements of common carriers and any applicable <br />Conditions. <br />specifications. The City's count or weight shall be final and <br />c.Contractor means any individual, company, <br />conclusive on shipments not accompanied by packing lists. <br />corporation or other legal entity who has entered into <br />an Agreement with the City. <br />3.Shipment under Reservation Prohibited. The <br />d.City means the City of San Marcos, Texas. <br />Contractor is not authorized to ship the goods under <br />e.City Council means the duly elected members of the <br />reservation and no tender of a bill of lading will operate as <br />City Council of the City of San Marcos. <br />a tender of goods. <br />f.Deliverables shall have the same definition, if <br />applicable, as found in the Agreement. If not defined <br />4.Title & Risk of Loss. Title to and risk of loss of the goods <br />in the Agreement, Deliverables shall mean any goods, <br />shall pass to the City only when the City actually receives <br />whether tangible, digital, or otherwise, contracted for <br />and accepts the goods. <br />and due to City under the Agreement. <br />g.Services shall have the same definition, if applicable, <br />5.Delivery Terms and Transportation Charges. Goods <br />as found in the Agreement. If not defined in the <br />shall be shipped F.O.B. point of delivery unless otherwise <br />Agreement, Services shall mean any required <br />specified in the Supplemental Terms and Conditions. <br />performance by Contractor, contracted for and due to <br />Unless otherwise stated in the Offer, the Contractor’s price <br />City under the Agreement. <br />shall be deemed to include all delivery and transportation <br />h.Goods shall have the same definition as Deliverables. <br />charges. The City shall have the right to designate what <br />The terms Goods and Deliverables may be used <br />method of transportation shall be used to ship the goods. <br />interchangeably. <br />The place of delivery shall be that set forth in the block of <br />i.HUB means Historically Underutilized Business and <br />the purchase order or purchase release entitled "Receiving <br />has the meaning given by Statelaw. <br />Agency". <br />j.Texas Resident Bidder means a bidder whoseprincipal <br />place of business is in this state, and includes a bidder <br />6.Right of Inspection and Rejection. The City expressly <br />whoseultimate parent company or majority owner has <br />reserves all rights under law, including, but not limited to <br />its principal place of business in this state. <br />the Uniform Commercial Code, to inspect the goods at <br />k.Scope of Work or Specifications is a description of or <br />delivery before accepting them, and to reject defective or <br />requirements of the services or goods being solicited. <br />non-conforming goods. If the City has the right to inspect <br />l.Supplemental Terms and Conditions means general <br />the Contractor’s or the Contractor’s Subcontractor’s <br />supplemental conditions to these Standard Terms and <br />facilities, or the goods at the Contractor’s or the <br />Conditions and shall have the same force andeffect. <br />Contractor’s Subcontractor’s premises, the Contractor <br />m.Vendor has the same meaning as Contractor. The <br />shall furnish, or cause to be furnished, without additional <br />terms Vendor and Contractor may be used <br />charge, all reasonable facilities and assistance to the City <br />interchangeably. <br />to facilitate such inspection. <br />2.Package Deliverables. Contractor will package goods in <br />7.No Replacement of Defective Tender. Every tender or <br />accordance with good commercial practice and shall <br />delivery of good must fully comply with all provisions of <br />include a packing list showing the description of each item, <br />the Contract as to time of delivery, quality, and quantity. <br />the quantity and unit price Unless otherwise provided in the <br />Any non-complying tender shall constitute a breach and <br />Rev. 05.15.20Page 1of 7 <br /> <br />