© 2013, City of Winter Park
Terms and Conditions
You must read and agree to the Terms and Conditions for purchases before submitting a Vendor Application.
- The City is exempt from the payment of all Federal Excise Taxes and sales tax of the State of Florida and generally all other State Governments. State of Florida Sales Tax Exemption No. 85-8012621708C-8
- The City assumes no responsibility for purchases which are not covered by a Purchase Order number or approved by an authorized City official.
- The Purchase Order Number must appear on all invoices, packing lists, bills of lading and correspondence.
- Collect shipments will not be accepted. All shipments are to be made FOB, destination, prepaid added to Invoice. Original shipping bill must be attached to Invoice.
- Goods rejected for failure to comply with terms and specifications of the order will be returned to vendor, transportation charges collect.
- Timely delivery of product/services is essential; failure of Vendor to deliver according to instructions relieves the City of any obligation to accept and pay for same, without liability and in addition to the City's other rights or remedies.
- The Vendor and/or City who is unable to perform as required, for whatever reason, shall immediately notify the other party of the cause for such nonperformance and the anticipated extent of the delay.
- The City reserves the right to inspect and product ordered and delivered to the City's destination and to refuse said product not in accordance with the City's instructions, specifications, drawings, orther data furnished vendor, or vendor's warranties (expressed or implied). Payment for product shall not be deemed as and acceptance thereof.
- Vendor, by this order shall acquire no right to use, and will not use the name of the City of Winter Park (either alone or inconjunction with or as a part of any other work or name):
- in and advertising, publicity or promotion
- to express or imply any endorsement of the vendor's products or services, or
- in any other manner (whether or not similar to uses prohibited by subparagraphs (a) and (b) above, excepting only to manufacture and deliver in accordance with this order such items as are hereby ordered by the City.)
- This order is placed upon the condition that Vendor will defend, indemnify and hold harmless from and against any and all liabilities (including settlements entered into in good faith by the City), claims, demands, losses, costs, damages, liens, suits, judgements, penalties, and expenses (including attorney's fees) of every kind arising out of or in connection with: Vendor's operations conducted under this order; any defect or alleged defect in design, material or workmanship (whether obvious or hidden) in, or any infringement or alleged infringement of copyright, patent or trademark rights connected with, the items ordered hereby, or their manufacture, sale possession, or use; any failure of such items to conform to, or failure of Vendor to comply with, applicable laws and regulations in the country of origin and country of destination; and breach by Vendor of warranty and/or agreement made by Vendor pursuant to this order and any negligent act or omission by Vendor. Vendor will not raise as a defense to its obligation under this paragraph, nor be relieved of its liability hereunder by, any intervening, contributing or comparative negligence (whether active or passive) by the City in any proceeding brought by a third party against the City in connection with items purchased hereunder. Vendor will submit as a third party defendant to the exclusive jurisdiction of the court or agency to which the said proceeding is brought (and waives all rights to the contrary granted or reserved to it by law), upon written notice mailed to Vendor by the City at the address given on the face hereof and agrees that any finding against the City in such proceeding shall also be conclusive and binding upon Vendor.
- Items delivered pursuant to this order will be free of defects and without limiting the City's remedies for a breach of any warranty, expressed or implied, the City may return all or any part of the items listed on this order if defective in any way or if otherwise not conforming to the order. Vendor will give the City full credit for such returned items.
- Items delivered pursuant to this order will be free and clear of all liens and encumbrances whatsoever, and Vendor will have good and marketable title to the same.
- Any goods and/or services provided to the City hereunder shall comply with, meet or exceed any and all applicable statutes, ordinances, codes, administrative orders, rules and regulations of the country of origin and the country of destination.
- This order shall be construed and interpreted in accordance with the laws of the State of Florida and County of Orange, City of Winter Park.