BENTLEY SYSTEMS INC. - 2003 - Laserfiche WebLink

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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) TERMS AND CONDITIONS GENERAL PROVISIONS 11. Order of Precedence In the event of any inconsistency between the articles, attachments, specifications or provisions that constitute this contract, the following order of precedence shall apply: a) Contract form, i.e., Purchase Order, Standard Agreement, etc., and any amendments thereto; c) Specifications /Statement of Work; d) Special terms and conditions; e) General terms and conditions, including these General Provisions; and f) All other attachments incorporated herein by reference. The specifications shall prevail over any subsidiary documents referenced therein. 12. Packing and Shipping a) All goods are to be packed in suitable containers for protection in shipment and storage, and in accordance with applicable specifications. Each container of a multiple container shipment shall be identified to: i) Show the number of the container and the total number of containers in the shipment; and ii) Show the number of the container in which the packing sheet has been enclosed. b) All shipments by contractor or its subcontractors must include packing sheets identifying: the State's contract number; item number; quantity and unit of measure; part number and description of the goods shipped; and appropriate evidence of inspection, if required. Goods for different contracts shall be listed on separate packing sheets. C) Shipments must be made as specified in this contract. as it may be amended, or otherwise directed in writing by the State's Transportation Management Unit within the Department of General Services, Procurement Division. 13. Transportation Costs and Other Fees or Expenses No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose wilt be paid by the State unless expressly included and itemized in the contract. a) Contractor must strictly follow contract requirements regarding Free on Board (F.O.0.), freight terms, and routing instructions. The State may permit use of an alternate carrier at no additional cost to the State with advance written authorization of the ouyer. b) If "prepay and add" is selected, succorting freight bills are required when over S50, unless the Transportation Management Unit within the Department of General Services Procurement Division aporoves an exact freight charge and a waiver is granted. February 2001 C) On "F.O.S. Shipping Point" transactions, should any shipments under the contract be received by the State in a damaged condition and any related freight loss and damage claims fled against the carder or carriers be wholly or partially declined by the canner or carders with the inference that damage was the result of the act of the shipper such as inadequate packaging or loading or some inherent defect in the equipment and /or material, contractor, on request of the State, shall at contractors own expense assist the State in establishing carrier liability by supplying evidence that the equipment and /or material was propedy constructed, manufactured, packaged, and secured to withstand normal transportation conditions. 14. Time is of the Essence Time is of the essence in this contract. 15. Delivery Contractor shall strictly adhere to the delivery and completion schedules specified in the purchase order. Time, if stated as a number of days, shall mean calendar days unless Otherwise specified. The quantities specified 'herein are the only quantities required. If contractor delivers in excess of the quantities specified herein, the State shall not be required to make any payment for the excess goods, and may return them to contractor at contractor's expense or utilize any other rights available to the State at law or in equity. 16. Substitutions Substitution of goods may not be tendered without advance written consent of the buyer. Contractor shall not use any specification in lieu of those contained in the contract without written consent of the buyer. 17. Inspection, Acceptance and Rejection a) Contractor and its subcontractors will provide and maintain a quality assurance system acceptable to the State covering goods and services under this contract and will tender to the State only those goods that have been insoect =_d and found to conform to this contract's requirements. Contractor will keep records evidencing inspections and their result, and will make these records available to the State during contract performance and for three years after final payment. Contractor shall permit the State to review procedures, practices, processes and related documents to determine the acceptability of contractors quality assurance system or other business practices related to performance of the contract. b) All goods may be subject to inspection and test by the State or its authadzec representatives. c) Contractor and its subcontractors shall provide all reasonable facilities for the safety and convenience of inspectors at no additional cost to the State. Contractor shall furnish to inspectors all informatics and data as may be reasonably required to perfcrm their inspection. c) All goods to be delivered hereunder may be subject to final inspection, test, and acceptance by the State at destination, notwithstanding any payment or inspection at source.