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STANDARD TERMS AND CONDITIONS <br />For Call to Bid & Purchase Order Contract <br />The Purchase Order includes the following Terms and Conditions and includes, but is <br />not limited to, the Call to Bid, Specifications, Instructions to Bidders, Policies of the <br />Kittitas County Department of Public Works, and the Laws of the State of Washington, <br />which are hereby incorporated by reference. <br />1. CHANGES. No alteration in any of the terms, conditions, delivery price, quality, <br />quantities, or specification of this order will be effective without written consent of <br />the Kittitas County Department of Public Works. <br />2. HANDLING. No charges will be allowed for handling unless otherwise stated <br />herein. <br />3. DELIVERY. For any exception to the delivery date as specified in this order, <br />vendor shall give prior notification and obtain written approval thereto from the <br />Kittitas County Engineer with respect to delivery under this order. Time is of the <br />essence and the order is subject to termination for failure to deliver as specified <br />and/or appropriate liquid damages. The acceptance by Kittitas County <br />Department of Public Works of late performance with or without objection or <br />reservation shall not waive the right to claim damage for such breach nor <br />constitute a waiver of the requirements of the timely performance of any <br />obligation remaining to be performed by Vendor. <br />4. PAYMENTS. Invoices will not be processed for payment until receipt of a <br />properly completed invoice or invoiced items are received. <br />5. REJECTION. All goods or materials purchased herein are subject to approval by <br />Kittitas County Department of Public Works. Any rejection of goods or materials <br />resulting because of nonconformity to the terms and specifications of this order, <br />whether held by the Kittitas County Department of Public Works or returned will <br />be at the Vendor's risk and expense. <br />6. IDENTIFICATION. All invoices, packing lists, packages, shipping notices, <br />instruction manuals, and other written documents affecting this order shall <br />contain the applicable purchase order number. <br />7. INFRINGEMENTS. Vendor agrees to protect and save harmless Kittitas County <br />against all claims, suits, or proceedings for patent, trademark, copyright or <br />franchise infringement arising from the purchase, installation, or use of goods <br />and materials ordered, and to assume all expenses and damages arising from <br />such claims, suits or proceedings. <br />8. WARRANTIES. Vendor warrants that articles supplied under this order conform <br />to specifications herein and are fit for the purpose for which such goods are <br />ordinarily employed, except that if a particular purpose is stated, the material <br />must then be fit for that particular purpose. <br />Page 4 of 8 <br />