Purchase Order Terms & Conditions
Browse the following explanations of terms and conditions so you can be aware of how purchase orders operate in the City of Hampton.
Assignments of Rights
Seller shall not delegate any duties nor assign any rights or claims under this contract or for breach thereof without the written consent of city and no such attempted delegation or assignment shall be binding on
Discounts shall be calculated if accepted from the date the material is received by the city at the destination designated in this purchase order.
Compliance with Laws
Seller further agrees to comply with all Federal, State, and local laws, applicable to this order.
If any of the materials or services are defective in material or workmanship or otherwise not in conformity with the requirements of this order,
Time is of the essence. Delivery shall be strictly in accordance with the schedule set forth in the purchase order. Delays in
Seller further agrees to comply with the provisions of all city, state, and federal rules and regulations (including those of the Secretary of Labor) and executive orders applicable to this order regarding nondiscrimination because of race, creed, color, sex, age, and national origin, physical or mental handicap.
This Purchase Order shall be interpreted and governed in all respects according to the law of the Commonwealth of Virginia.
In the event of any proceedings, voluntary or involuntary, in bankruptcy or insolvency by or against seller, including any proceeding under the applicable Federal or State bankruptcy law currently in effect, or in the event of the appointment, with or without seller's consent, of an assignee for the benefit of creditors or of a receiver, the buyer shall be entitled to elect to cancel any unfilled part of this order without any liability whatsoever.
Seller agrees that whenever an actual or potential labor dispute delays or threatens to delay the timely performance of this order,
All notices, requests, demands and elections under this purchase order, other than routine operational communications, shall be in writing and shall be deemed to have been duly given on the date when hand-delivered, or on the date of the confirmed facsimile transmission, or on the date received when delivered by courier that has a reliable system for tracking delivery, or six city business days after the date of mailing when mailed by United States mail, registered or certified mail, return receipt requested, postage prepaid.
Seller warrant that all material or services delivered hereunder shall comply with all provisions of the Williams-Sterger Occupational Safety and Health Act of 1970 including any
Objective Quality Evidence
Seller agrees to maintain quality evidence for materials supplied hereunder in accordance with the requirements of all recognized standards pertaining to this order. Seller shall supply this evidence to the city upon request.
Seller's complete acceptance of this order will be presumed unless the seller acknowledges exceptions within 15 days after the date of this order.
Subject to inspection and acceptance,
Patent, Trademark, Copyright Indemnity
Seller shall pay all royalty and license fees relating to the items covered by this purchase order. In the event any third party shall claim that the manufacture, use
This order shall not be filled at prices higher than those shown on this
The rights and remedies provided by city herein shall be cumulative and in addition to any other rights provided by law or equity.
Termination with Cause / Breach
In the event that seller shall for any reason or through any cause be in default of the terms of this purchase order,
Termination without Cause
The city may at any time, and for any reason, terminate this contract by written notice to the seller specifying the termination date, which shall be not less than 30 days from the date such notice is mailed.
Title & Risk of Loss
Title and risk of
Title to Specifications
The city shall at all times have title to all drawings and specifications furnished by the city to
Waiver of a breach of a provision of this purchase order shall not constitute
The seller warrants that all materials or services delivered hereunder will conform to the design and specifications and to drawings, samples or other descriptions referred to in this order will conform strictly to the requirements of this