Common use of Delivery, Packaging and Acceptance of Goods Clause in Contracts

Delivery, Packaging and Acceptance of Goods. A. Vendor agrees to provide the Goods listed and described in Exhibit “A,” which is attached hereto and incorporated herein by reference for all purposes [or any subsequent Goods required to be delivered to the District under this Contract] (collectively, the “Goods”). Unless otherwise stated in Exhibit “A”, the Goods shall be delivered in accordance with the following Standard Delivery Terms: (i) F.O.B. District’s Xxxxx Xxxxxx Facility, 0000 Xxxxxxx Xxxx Drive, El Paso, Texas 79924. (ii) Goods will be packed in accordance with good commercial practice and in a manner which will facilitate securing the lowest transportation costs, conform to requirements of common carriers and any applicable specifications. Each shipping container shall be clearly and permanently packed and identified with: (a) Vendor’s name and address; (b) if applicable, consignee’s name, address and purchase order and bid number; (c) container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the packing slip. Vendor shall bear cost of packaging unless otherwise provided. The District’s count or weight determination shall be final and conclusive on shipments not accompanied by packing slips/lists. The Goods will be delivered with an Operator’s Manual and a Maintenance and Parts Manual, if one exists. (iii) The District assumes no liability for Goods delivered in damaged or in unacceptable condition. The Vendor shall handle all claims with insurance carriers, and in the event that Goods are damaged in transit shall ship replacement Goods immediately upon notification by the District of damage. Delivery will be made between the hours of 8:00 a.m. and 3:30 p.m. (MDT/MST) unless otherwise specified by the District in writing. Vendor is not authorized to ship the Goods under reservation and no tender of a Bill of Lading will operate as a tender of Goods. The District shall have the right to inspect the Goods at delivery before accepting them and no Goods will be accepted until written acceptance is provided by authorized District Representative. Any written warranties will commence upon acceptance of the Goods by the District.

Delivery, Packaging and Acceptance of Goods. A. Vendor agrees to provide the Goods listed and described in Exhibit “A,” which is attached hereto and incorporated herein by reference for all purposes [or any subsequent Goods required to be delivered to the District under this Contract] (collectively, the “Goods”). Unless otherwise stated in Exhibit “A”, the Goods shall be delivered in accordance with the following Standard Delivery Terms: (i) F.O.B. District’s Xxxxx Xxxxxx Facility, 0000 Xxxxxxx Xxxx Drive, El Paso, Texas 79924. (ii) Goods will be packed in accordance with good commercial practice and in a manner which will facilitate securing the lowest transportation costs, conform to requirements of common carriers and any applicable specifications. Each shipping container shall be clearly and permanently packed and identified with: (a) Vendor’s name and address; (b) if applicable, consignee’s name, address and purchase order and bid number; (c) container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the packing slip. Vendor shall bear cost of packaging unless otherwise provided. The District’s count or weight determination shall be final and conclusive on shipments not accompanied by packing slips/lists. The Goods will be delivered with an Operator’s Manual and a Maintenance and Parts Manual, if one exists. (iii) The District assumes no liability for Goods delivered in damaged or in unacceptable condition. The Vendor shall handle all claims with insurance carriers, and in the event that Goods are damaged in transit shall ship replacement Goods immediately upon notification by the District of damage. Delivery will be made between the hours of 8:00 a.m. and 3:30 p.m. (MDT/MST) unless otherwise specified by the District in writing. Vendor is not authorized to ship the Goods under reservation and no tender of a Bill of Lading will operate as a tender of Goods. The District shall have the right to inspect the Goods at delivery before accepting them and no Goods will be accepted until written acceptance is provided by authorized District Representative. Any written warranties will commence upon acceptance of the Goods by the District.