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PAGE 6 BID NO. OFFEROR:
<br />GENERAL CONTRACT TERMS AND CONDITIONS
<br />1. DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, Cabarrus County may procure the articles or
<br />services from other sources and hold the contractor responsible for any excess cost occasioned thereby. Cabarrus County reserves the
<br />right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to Cabarrus
<br />County.
<br />In addition, in the event of default by the Contractor under this contract, Cabarrus County may immediately cease doing business with
<br />the Contractor, immediately terminate for cause all existing contracts Cabarrus County has with the Contractor, and de -bar the
<br />Contractor from doing future business with the Cabarrus County.
<br />Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, the
<br />Cabarrus County may immediately terminate, for cause, this contract and all other existing contracts the Contractors has with the
<br />Cabarrus County, and de -bar the Contractor from doing future business with Cabarrus County.
<br />GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the
<br />material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the
<br />contractor to notify, in writing, the issuing purchasing office at once, indicating the specific regulation which required such alterations.
<br />Cabarrus County reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the
<br />contract.
<br />3. AVAILABILITY OF FUNDS: Any and all payments to the contractor are dependent upon and subject to the availability of funds to
<br />the agency for the purpose set forth in this agreement.
<br />4. TAXES: Any applicable taxes shall be invoiced as a separate item.
<br />G. S. 143 -59.1 bars the Secretary of Administration from entering into contracts with vendors if the vendor or its affiliates meet one of
<br />the conditions of G. S. 105- 164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North
<br />Carolina. Conditions under G. S. 105- 164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of
<br />representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market
<br />by media - assisted, media - facilitated, or media - solicited means. By execution of the bid document the vendor certifies that it and all of
<br />its affiliates, (if it has affiliates), collect(s) the appropriate taxes.
<br />5. SITUS: The place of this contract, its situs and forum, shall be North Carolina, where all matters, whether sounding in contract or
<br />tort, relating to its validity, construction, interpretation and enforcement shall be determined.
<br />6. GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the State of
<br />North Carolina.
<br />7. INSPECTION AT CONTRACTOR'S SITE: Cabarrus County reserves the right to inspect, at a reasonable time, the
<br />equipment/item, plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary
<br />for Cabarrus County' determination that such equipment/item, plant or other facilities conform with the specifications /requirements
<br />and are adequate and suitable for the proper and effective performance of the contract.
<br />8. PAYMENT TERMS: Payment to be made when entire purchase order is complete. Payment terms are Net not later than 30 days
<br />after receipt of correct invoice or acceptance of goods, whichever is later. The using agency is responsible for all payments to the
<br />contractor under the contract. Payment by some agencies may be made by procurement card and it shall be accepted by the contractor
<br />for payment if the contractor accepts that card (Visa, MasterCard, etc.) from other customers. If payment is made by procurement
<br />card, then payment may be processed immediately by the contractor.
<br />9. AFFIRMATIVE ACTION: The contractor will take affirmative action in complying with all Federal and State requirements
<br />concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard
<br />to discrimination by reason of race, color, religion, sex, national origin or disability.
<br />10. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood
<br />and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All
<br />containers /packaging shall be suitable for handling, storage or shipment.
<br />11. STANDARDS: All manufactured items and /or fabricated assemblies subject to operation under pressure, operation by connection to
<br />an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved
<br />in a manner acceptable to the appropriate state inspector which customarily requires the label or re- examination listing or
<br />identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for
<br />pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers' Association for electrically operated
<br />assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for
<br />the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and
<br />Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.
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<br />BIDS ARE SUBJECT TO REJECTION UNLESS SUBMITTED ON THIS FORM
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