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Mecklenburg County Purchase Order Terms and Conditions

For a PDF version of the City Purchase Order Terms and Conditions, click here. 

For a PDF version of the County Purchase Order Terms and Conditions below, click here. 

The vendor agrees that the following Terms and Conditions will be applicable thereto:
 
  1. If vendor refuses to accept this order exactly as written, vendor will return it at once with explanation.
  2. Mecklenburg County is exempt from Federal Excise Tax.  The County is not exempt from applicable North Carolina State Sales Tax and Use Tax or Mecklenburg County Sales and Use Tax.  Such taxes shall be shown as a separate item on all invoices.
  3. Applicable freight charges that are not included on the amount shown on the face of this purchase order may be prepaid and included as a separate item on all invoices.
  4. Purchaser will not be responsible for payment for any goods delivered without a purchase order.
  5. Vendor will send a separate invoice for each purchase order number.  All invoices, packages, shipping notices, or the like affecting the order shall contain the applicable purchase order number.  Vendor is to submit original invoice to the address shown in the MAIL INVOICE TO: section on the front of this order.
  6. No boxing or packaging charges will be allowed by purchaser unless specifically authorized on the face of this order.
  7. It shall be understood that the cash discount period to purchaser will date from the receipt of the invoice or from the date of the receipt of goods, whichever is later.
  8. The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.O.B. point, shall be and remain with the vendor until the goods are delivered to the destination set out in the order and accepted by the purchaser or purchaser's nominee.
  9. In the event of vendor's failure to deliver as and when specified, or to perform as and when specified, purchaser reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and vendor agrees that purchaser may return part of any shipment so made and may charge vendor with any loss expense sustained as a result of such failure to deliver or to perform.
  10. In the event any article, service, or process sold, delivered and/or performed hereunder shall be covered by any patent, copyright, or application for either, vendor will indemnify and save harmless the purchaser from any and all loss, cost or expenses on account of any and all claims, suits, or judgments on account of the sale of such article or the use of service or process in violation of copyright, or application for either rights under such patent, copyright or application for either.
  11. In the event of any article, service, or process sold and delivered or sold and performed hereunder shall be defective in any respect whatsoever, vendor will indemnify and save harmless purchaser from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to person or property that may happen to occur in connection with the use or sale of such article, or process and are contributed to by said defective condition.
  12. If vendor performs services or constructs, erects, inspects or delivers hereunder, vendor will indemnify and save harmless the purchase from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to persons or property that may happen or occur in connection therewith.
  13. Purchaser reserves the right to place an inspector in vendor's plant, at purchaser's expense, who shall be permitted to inspect any material on this order during the process of manufacture and before shipment.
  14. Vendor agrees not to release any advertising copy mentioning purchaser or quoting the opinion of any of purchaser's employees without the written authorization of Mecklenburg County.
  15. Vendor represents and warrants that no Federal or State statue or regulation or local municipal ordinance has been or will be violated in the manufacturing, sale and delivery hereunder.  If such violation has or does occur, vendor will indemnify and save harmless the purchaser from all loss, penalties, or payment of all sums of money on account of such violation.
  16. Purchaser may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous custom, practice or course of dealing to the contrary.
  17. The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of vendor's proposal, and are not subject to change by reason of any written or verbal statements by vendor or by any terms stated in vendor's acknowledgement unless same be accepted in writing by the purchaser.
  18. This agreement shall be governed and interpreted pursuant to the Laws of the State of North Carolina.  Any legal actions arising from default of this contract shall be brought only in the County of Mecklenburg, State of North Carolina.
  19. Current Material Safety Data Sheets, when applicable to the order, shall be provided by vendor in accordance with all regulations.