Terms and Conditions

1. The City of McKinney reserves the right to cancel all or any part of this order if not shipped as required or as instructed. All materials and services shall be subject to the City's approval. Unsatisfactory materials will be returned at seller's expense. No substitution will be accepted without Purchasing Department approval.

2. A City of McKinney Purchase Order must be obtained by vendor before order fulfillment takes place. Packages must be marked with the correct and valid Purchase Order number.

3. No change(s) shall be made to this order without written authorization of the Purchasing Department.

4. Purchase Order Number must be clearly identified upon each invoice. Invoices that do not indicate City of McKinney PO number will be returned to the vendor.

5. Submit all invoices for payment in duplicate. Invoices for partial deliveries must be so indicated.

6. The City of McKinney is exempt from sales tax. Invoices shall not include sales tax.

7. All prices must be F.O.B. delivery point. Where specific purchase is negotiated F.O.B. shipping point, the vendor is to prepay shipping charges and add to invoice.

8. Materials must be properly packaged. No charge will be allowed for packing, crating, palletizing or boxing.

9. Inspection of delivery will be made at the delivery point unless otherwise specified. Damaged materials will not be accepted.

10. Rejected material will be returned to the vendor at the vendor’s risk and expense.

11. All containers or reels are to remain property of the City of McKinney unless otherwise indicated.

12. The Purchasing Department may grant additional time for delivery when the City of McKinney is at fault or is satisfied the delay is beyond the control of the vendor. Such grant must be in writing and made part of the order.

13. Quantities specified in the order are not to be exceeded. Any overages or duplicate orders will be returned to vendor at vendor’s risk and expense.

14. Goods delivered shall comply with all Federal, State and local laws relative thereto. The vendor shall defend actions or claims brought and save harmless the City from loss, cost or damage by reason of actual or alleged patent infringement and/or copyright infringement.

15. Effective 1/1/2006: Chapter 176 of the Texas Local Government Code requires that any potential vendor or person considering doing business with the City of McKinney disclose the vendor or person’s affiliation or business relationship that might cause a conflict of interest with the City by filing the questionnaire form CIQ. By law, the questionnaire must be filed with the City Secretary not later than the 7th business day after the date the person becomes aware of the facts that require the statement to be filed. Acceptance of the PO represents compliance with the requirements of Chapter 176. The CIQ form and Section 176 may be downloaded from the vendor page at www.mckinneytexas.org.

16. In case of default of the contractor, the City may procure the articles or services from other sources and charge the contractor as liquidated damages any excess cost or damages occasioned thereby.

17. Vendor shall not sell, assign, transfer or convey this order, in whole or in part, without the prior written consent of the City.

18. Terms: Net thirty (30) days unless otherwise agreed upon by seller and the Purchasing Department. The City of McKinney does not pay late fees or interest.