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Specifications or Supplemental Terms and <br />Conditions, each shipping container shall be clearly and <br />permanently marked as follows: (a) The Contractor's <br />name and address, <br />(b) the City's name, address and purchase order <br />or purchase release number and the price agreement <br />number <br />if applicable, (c) Container number and total number <br />of <br />containers, e.g. box 1 of 4 boxes, and (d) the number of <br />the <br />container bearing the packing list. The Contractor <br />shall <br />bear cost of packaging. Goods shall be suitably packed <br />to <br />secure lowest transportation costs and to conform <br />with <br />requirements of common carriers and any applicable <br />specifications. The City's count or weight shall be final <br />and <br />conclusive on shipments not accompanied by packing <br />lists. <br />3. Shipment under Reservation Prohibited. <br />The Contractor is not authorized to <br />ship the goods under reservation and no tender of a <br />bill of lading will operate as a tender of goods. <br />4. Title & Risk of Loss. Title to and risk of loss of the <br />goods shall pass to the City only when the City actually <br />receives and accepts the goods. <br />5. Delivery Terms and Transportation Charges. <br />Goods shall be shipped F.O.B. point of delivery <br />unless otherwise specified in the Supplemental <br />Terms and Conditions. Unless otherwise stated in <br />the Offer, the Contractor's price shall be deemed to <br />include all delivery and transportation charges. The <br />City shall have the right to designate what method <br />of transportation shall be used to ship the goods. The <br />place of delivery shall be that set forth in the block of <br />the purchase order or purchase release entitled <br />"Receiving Agency". <br />6. Right of Inspection and Rejection. The City <br />expressly reserves all rights under law, including, but <br />not limited to the Uniform Commercial Code, to <br />inspect the goods at delivery before accepting them, <br />and to reject defective or non -conforming goods. If <br />the City has the right to inspect <br />the Contractor's or the Contractor's <br />Subcontractor's facilities, or the goods at the <br />Contractor's or the Contractor's Subcontractor's <br />premises, the Contractor shall furnish, or cause to <br />be furnished, without additional charge, all reasonable <br />facilities and assistance to the City to facilitate such <br />inspection. <br />7. No Replacement of Defective Tender. Every <br />tender or delivery of good must fully comply with all <br />provisions of the Contract as to time of delivery, <br />quality, and quantity. Any non -complying tender <br />shall constitute a breach and <br />EDSM Approved on Aug. 22, 2025: One -Year Extension (Clean Version) Page 14 of 25 <br />