Order Disputes, Termination and Resolution. 2.5.1. If a dispute related to an Order arises between Contractor and a Purchasing Entity, Contractor shall meet with the Purchasing Entity to attempt to resolve the issue. If Contractor is unable to resolve the issue with the Purchasing Entity, then Contractor may request assistance from the State by submitting a request in writing, which includes the pertinent information about the dispute and the assistance sought by Contractor, in accordance with §17 of the main body of this Contract. Nothing in this section shall be interpreted as limiting the rights or obligations of Contractor, the State or any Purchasing Entity under this Contractor of any Order. 2.5.2. Vehicles that are ordered by State Fleet Management (SFM) or Purchasing Entity prior to build-out and considered within normal and acceptable ordering and build timeframes are expected to be delivered through Contractor within usual spring delivery timeframe of current model year. SFM and SFM’s customers are caused financial harm and other issues when vehicles are ”rolled over” to the next model year. If the OEM or Contractor fails to comply with the terms of an order, whether due to acts beyond their control or otherwise, SFM will count this as a delivery and performance issue that will jeopardize future awards to Contractor. . 2.5.3. Purchasing Entities may terminate an Order if it determines that Contractor was in breach of that Order. Termination of an Order shall not automatically terminate any other Order or this Contract. 2.5.4. If a Purchasing Entity gives Contractor notice of breach or terminates an Order because of Contractor’s breach of that Order, Contractor shall provide notice to the State of that breach or termination within 5 Business Days following Contractor’s receipt of that notice of breach or termination.
Appears in 3 contracts
Samples: Price Agreement, Price Agreement, Price Agreement
Order Disputes, Termination and Resolution. 2.5.1. If a dispute related to an Order arises between Contractor and a Purchasing Entity, Contractor shall meet with the Purchasing Entity to attempt to resolve the issue. If Contractor is unable to resolve the issue with the Purchasing Entity, then Contractor may request assistance from the State by submitting a request in writing, which includes the pertinent information about the dispute and the assistance sought by Contractor, in accordance with §17 of the main body of this Contract. Nothing in this section shall be interpreted as limiting the rights or obligations of Contractor, the State or any Purchasing Entity under this Contractor of any Order.with
2.5.2. Vehicles that are ordered by State Fleet Management (SFM) or Purchasing Entity prior to build-out and considered within normal and acceptable ordering and build timeframes are expected to be delivered through Contractor within usual spring delivery timeframe of current model year. SFM and SFM’s customers are caused financial harm and other issues when vehicles are ”rolled over” to the next model year. If the OEM or Contractor fails to comply with the terms of an order, whether due to acts beyond their control or otherwise, SFM will count this as a delivery and performance issue that will jeopardize future awards to Contractor. .
2.5.3. Purchasing Entities may terminate an Order if it determines that Contractor was in breach of that Order. Termination of an Order shall not automatically terminate any other Order or this Contract.
2.5.4. If a Purchasing Entity gives Contractor notice of breach or terminates an Order because of Contractor’s breach of that Order, Contractor shall provide notice to the State of that breach or termination within 5 Business Days following Contractor’s receipt of that notice of breach or termination.
Appears in 2 contracts
Samples: Price Agreement, Price Agreement
