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95-112 Resolution
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95-112 Resolution
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1/10/2014 3:25:28 PM
Creation date
12/20/2013 6:24:24 AM
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North Olmsted Legislation
Legislation Number
95-112
Legislation Date
8/15/1995
Year
1995
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<br />Time of Delivery <br />4.02 The time for the delivery of the goods will be 180 to 200 days after the order is <br />placed. <br />I£the Emergency Rescue Vehicle is delivered after Bidder's specified delivery <br />date, liquidated damages shall be applied to the bidder at the rate of One Hundred Dollars <br />($100.00) each calendar day the vehicle is late. The City of North Ohnsted understands <br />and accepts that delivery is contingent upon delays or failure to deliver caused by or <br />resulting from fires, strikes, labor trouble, accident, or by any other cause which is <br />unavoidable or beyond the control of the bidder, and verified. <br />Notification of Delivery <br />4.03 As soon as the goods being sold under this contract are shipped to the agreed <br />location at which the Buyer may take delivery, the Seller shall notify by telephone the <br />Buyer of that fact and inform the Buyer of the dates and times of delivery. <br />Right to Inspection <br />4.04 The Buyer has the right to inspect all goods tendered for delivery before delivery is <br />considered complete under this contract. All other provisions of the bid specifications <br />pertaining to Delivery, Information required, Quality of workrnanship, and requirements, <br />are a part of this contract. <br />ARTICLE 5. REMEDIES AND LIABII.,ITIES <br />Allocation of Risk <br />5.01 Any risk associated with the sale of these goods rests with the Seller up to the time <br />the Buyer receives the goods at the place of delivery and completes a proper inspection <br />without rejecting the goods. After delivery and inspection, the risk is with the Buyer, <br />including any risk associated with any goods returned to the Seller. However, after the <br />Buyer has retumed the goods to the Seller and the Seller has received the goods, any risks <br />associated with those goods reverts to the Seller. <br />Rejection of Nonconforming goods <br />5.02 Any rejection of goods for nonconformitywith the requirements of this contract <br />must be made by the Buyer by sending written notification to the Seller of the rejection <br />within 30 days after their delivery. The notification shall state the basis of the alleged <br />nonconformity and a description of the reason for rejection. <br />
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