All quotations are subject to the following terms and conditions
unless modified on the reverse side of this bid sheet. Upon acceptance
of this bid, the terms of the bid shall apply to all orders issued
as a result of such acceptance and supersede any conflicting printed
terms and conditions appearing on such orders. Any order resulting
from this bid will be subject to the following express conditions
and agreement on the part of the successful bidder.
Samples or drawings required shall be delivered free of charge
as requested. If not mutilated or destroyed in the examination, bidder
will be notified to remove samples at his expense. If samples are
not removed within 30 days after written notice to the bidder, they
shall be considered as abandoned and the awarding authority shall
have the right to dispose of them as its own property.
The Town of Northborough reserves the right to reject any or
all bids or waive any informalities as deemed in the best interests
of the town.
In all instances when the bid fails to state the time within
which performance is to be completed and the bidder fails to state
a time, the time for full and complete performance shall be 20 calendar
days from date of award.
The vendor expressly undertakes and agrees to fully comply with
any and all laws, orders or regulations of any federal, state or municipal
authority or agency insofar as any of the same may affect the execution
of this order, and to promptly notify the awarding authority in writing
of any such order, regulation or law that may be promulgated at any
time during the course of the execution of this order that affects
the execution of the order. If governmental regulations or other conditions
beyond the vendor’s control prevent his compliance with any
requirements of the order, specific approval must be obtained from
the awarding authority before substitutes may be delivered. If proper
substitutes are not available, the order may be canceled without liability
to the town or to the vendor.
No assignment of order will be valid without the written consent
of the awarding authority.
No action for any cause whatsoever arising out of any order
shall be maintained against the town by the vendor or anyone claiming
under the vendor unless such action shall be commenced within six
months after expiration of the order, or within six months after the
date of written notice to the vendor from the awarding authority of
complete rejection or withheld acceptance, or within six months after
the date of written notice to the vendor from the awarding authority
of a deduction from the agreed price on the order, whichever of the
events shall be the latest in time.
The vendor shall be liable for all claims made against the town
or any officer thereof for infringement of patent rights or other
rights arising from the purchase or use of material, equipment or
supplies delivered under the order and shall save harmless and indemnify
the town and any officer thereof against all costs, expenses and damages
which the town or its officer may incur by reason of such infringement.
The awarding authority shall deduct and retain out of any moneys which
may be due or become due to the vendor a sum sufficient to meet all
claims arising from such infringements.
The Town of Northborough is exempt from the payment of state
sales tax. The price bid must be net. The awarding authority will
certify, upon submission by the vendor, tax exemption certificates.
Payments are subject to audit by the Town Accountant.
Invoices will be payable after proper delivery of the merchandise.