[HISTORY: Derived from Chapter 183, Art. IV, of the prior Code. Amendments noted where applicable.]
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.
A. 
Pricing. Bidders shall insert unit price and extension against each item.
B. 
Unbalanced bids. A class bid showing evidence of obviously unbalanced bidding may be declared informal.
C. 
Foreign goods. A bidder offering a foreign item must so indicate on his bid.
D. 
FOB delivery point. Bids must be FOB delivery point, unloaded and placed where directed by principal or other authorized party, unless otherwise indicated in the proposal.
E. 
"Or equal" bidding. When a bid standard is used, it indicates character and quality of the article, and the bidder may offer an equal, subject to approval by the awarding authority. If the bidder fails to name a substitute, he will be required to furnish the bid standards.
F. 
Bids to be considered shall be received not later than the time stated.
G. 
Bids will not be accepted from bidders in arrears to the Town of Northborough upon debt or contract and is not a default upon any obligations to the Town of Northborough.
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.
A. 
When class bids are indicated, bidder must bid on each item in the class and award will be made by class.
B. 
Items may be combined and awarded as a group if there is a saving in ultimate cost by the reduction of the number of orders issued. A bidder desiring to bid "no charge" on an item in a class must so indicate; otherwise the bid for the class will be construed as incomplete.
C. 
Tie bids will be decided by the awarding authority.
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.
A. 
Inspection shall be made at the point of delivery unless otherwise specified.
B. 
Containers. All containers shall become the property of the awarding authority unless otherwise specified.
C. 
Delivery hours. Delivery shall be made between 9:00 a.m. and 5:00 p.m., Monday through Friday, and at other times by special arrangement.
D. 
Delivery time shall be computed in calendar days from the date of the award.
E. 
Labels. All supplies which are customarily labeled or identified must have securely affixed thereto the original unmutilated label or marking of the manufacturer.
F. 
New merchandise. Unless otherwise stated in the quotation or orders, deliveries must consist only of new and unused merchandise.
G. 
Excess on order. Provided that funds are available, the awarding authority may accept additional delivery on any item in excess of the quantity originally ordered.
A. 
Vendor’s fault. If the vendor fails to make delivery within the time specified or if the delivery is rejected, the awarding authority may obtain such commodities or any part thereof from other sources. Should the new price be greater than the order price, the difference may be charged against the vendor. Should the new price be less than the order price, the vendor shall have no claim to the difference.
B. 
Beyond vendor’s control. When the vendor fails to make delivery due to causes beyond his control or when delivery is rejected, the awarding authority may allow additional time or may obtain the supplies elsewhere without liability on the part of the vendor to the awarding authority or of the awarding authority to the vendor.
C. 
Rejected merchandise. The awarding authority may withhold acceptance of or reject any goods which are found, upon examination, not to meet the specification requirements. Upon written notice of rejection, goods shall be removed within seven calendar days by the vendor. Rejected goods left longer than 30 days will be regarded as abandoned and the awarding authority shall have the right to dispose of them as its own property.
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.
A. 
The Town shall adopt practices and procedures that prefer the procurement of recycled products by actively promoting the Town’s desire to purchase products and supplies which contain recycled content, and by authoring bid specifications to allow the use of recycled products.
B. 
The Town may choose not to buy a recycled product if there is inadequate competition, if the bidder’s price is unreasonable, if the product is not available within a reasonable period of time, or, if the product does not meet any other reasonable performance standard.
C. 
When the price for a recycled product is equal to or less than the lowest responsive "virgin" material bid, where the product is of a quality satisfactory for the purpose intended, the Town will make an award for the recycled product.