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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
<br />TERMS AND CONDITIONS
<br />GENERAL PROVISIONS
<br />e) The State shall give notice of rejection of goods delivered or
<br />services performed hereunder within a reasonable time after
<br />receipt of such goods or performance of such services.
<br />Acceptance by the State shall not waive any rights that the
<br />State might otherwise have at law or by express reservation
<br />in this contract with respect to any nonconformity.
<br />18. Samples
<br />a) Samples of items may be required by the State for
<br />inspection and specification testing and must be furnished
<br />free of expense to the State. The samples furnished must
<br />be identical in all respects to the products quoted and /or
<br />specified in the contract.
<br />b) Samples, if not destroyed by tests, may, upon request made
<br />at the time the sample is furnished, be returned at
<br />contractors expense.
<br />19. CMAS Warranty
<br />The following warranty language is in addition to the warranty
<br />language provided in the federal GSA Multiple Award Schedule or
<br />other base contract used to establish this CMAS contract. When
<br />there is a conflict between the following warranty language and
<br />the warranty language provided in the federal GSA Multiple
<br />Award Schedule or other base contract used to establish this
<br />CMAS contract, the following warranty language overrides.
<br />Unless otherwise specified, the warranties contained in this
<br />contract begin after acceptance has occurred.
<br />a) Contractor warrants that goods and services furnished
<br />hereunder will conform to the requirements of this contract
<br />(including all descriptions, specifications and drawings made
<br />a part hereof), and such goods will be merchantable, fit for
<br />their intended purposes, free from all defects in materials
<br />and workmanship and to the extent not manufactured
<br />pursuant to detailed designs furnished by the State, free
<br />from defects in design. The State's approval of designs or
<br />specifications furnished by contractor shall not relieve the
<br />contractor of its obligations under this warranty.
<br />b) All warranties, including special warranties specified
<br />elsewhere herein, shall inure to the State, its successors,
<br />assigns, customer agencies, and users of the goods or
<br />services.
<br />20. Safety and Accident Prevention
<br />In performing work under this contract or, State premises,
<br />contractor shall conform to any specific safety requirements
<br />comained in the contract or as required by law or regulation.
<br />Contractor shall take any additional precautions as the State may
<br />reasonably require for safety and accident prevention purposes.
<br />Any violation of such rules and requirements, unless promptly
<br />corrected, shall be grounds for termination of this contract in
<br />accorcance with the default provisions hereof.
<br />21. Insurance
<br />When performing work on property in the care, custody, or control
<br />of the State, contractor shall maintain all commercial general
<br />liability insurance, workers' compensation insurance and any
<br />other insurance the State deems appropriate under the contract.
<br />Contractor shall furnish an insurance certificate evidencing
<br />required insurance coverage acceptable to the State. Upon
<br />request by the buyer, the contractor may be required to have the
<br />State shown as an 'additional insured" on selected policies.
<br />February 2001
<br />22. Termination for Non-Appropriation of Funds
<br />a) If the term of the purchase order extends into fiscal years
<br />subsequent to that in which it is approved, such continuation
<br />of the purchase order is contingent on the appropriation of
<br />funds for such purpose by the Legislature. If funds to effect
<br />such continued payment are not appropriated, contractor
<br />agrees to take back any affected goods furnished under the
<br />purchase order, terminate any services supplied to the State
<br />under the purchase order, and relieve the State of any
<br />further obligation therefor.
<br />b) State agrees that if paragraph a) above is invoked, goods
<br />shall be returned to the contractor in substantially the same
<br />condition in which delivered to the State, subject to normal
<br />wear and tear. State further agrees to pay for packing,
<br />crating, transportation to contractor's nearest facility and for
<br />reimbursement to the contractor for expenses incurred for
<br />their assistance in such packing and crating.
<br />23. Termination for the Convenience of the State
<br />a) The State may terminate performance of work under the
<br />purchase order for its convenience in whole or, from time to
<br />time, in part, if the Department of General Services, Deputy
<br />Director, Procurement Division, or designee, determines that
<br />a termination is in the State's interest. The Department of
<br />General Services, Deputy Director, Procurement Division, or
<br />designee, shall terminate by delivering to the contractor a
<br />Notice of Termination specifying the extent of termination
<br />and the effective date thereof. The parties agree that, as to
<br />the terminated portion of the purchase order, the purchase
<br />order shall be deemed to remain In effect until such time as
<br />the termination settlement, if any, is concluded and the
<br />purchase order shall not be void.
<br />b) After receipt of a Notice of Terminaton, and except as
<br />directed by the State, the contractor shall immediately
<br />proceed with the following obligations, as applicable,
<br />regardless of any delay in detemtining or adjusting any
<br />amounts due under this clause.
<br />The Contractor shall:
<br />i) Stop work as specified in the Notice of Termination.
<br />ii) Place no further subcontracts for materials, services, or
<br />facilities, except as necessary to complete the
<br />continued portion of the purchase order.
<br />iii) Terminate all subcontracts to the extent they relate to
<br />the work terminated.
<br />iv) Settle all outstanding liabilities and termination
<br />settlement proposals arising from the termination of
<br />subcontracts (the approval or ratification of which will
<br />be final for purposes of this clause).
<br />24. Termination for Default
<br />a) The State may, subject to the Force Majeure paragraph
<br />contained herein, by written notice of default to the
<br />contractor, terminate the purchase order in whole or in part if
<br />the contractor fails to:
<br />i) Deliver the goods or to perform the services within the
<br />time specified in the purchase order or any amenoment
<br />thereto.
<br />ii) Make progress; so as to endanger performance of the
<br />purchase order (see subparagraph (b) below).
<br />iii) Perform any of the other provisions of the purchase
<br />order (see subparagraph (b), below).
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