Terms & Conditions
The following contract conditions are applicable
to City of Ventura Purchase Orders
Delivery of Goods. Seller shall transfer and deliver to the City of Ventura (hereafter referred to as "City") the goods stated on the Purchase Order.
Place of Delivery. The goods shall be delivered at City's place of business as stated on the Purchase Order.
Identification-Risk of Loss. Identification of the goods under Section 2 - 501 of the Uniform Commercial Code shall occur at the moment that the Purchase Order is received by Seller. Risk of loss of the goods shall pass to the City at the time that the goods are actually tendered for delivery.
Applicable Law. The Purchase Order and Purchase Contract (if any) are to be interpreted and enforced according to the provisions of California law, and Seller shall abide by, and be in compliance with, all applicable laws, statutes, ordinances, and regulations, including those prohibiting discrimination on the basis of race, color, religion, ancestry, sex, age, physical handicap, national origin, or sexual preference.
Title. Title to the goods shall remain with the Seller until the City actually receives the goods.
Warranties. Seller warrants that the goods are merchantable and extends such other warranties as are set forth in the purchase contract (if any) and that the goods are as described in such purchase contract (if any) and on the Purchase Order.
Indemnification. Seller agrees to indemnify, defend, and hold harmless the City, its Mayor and Council, appointed boards and commissions, officers and employees, individually and collectively from all fines, suits, claims, demands, subrogation's, actions or liability of any kind and nature arising out of the products or services furnished by the Seller.
Right of Inspection. City shall have the right to inspect the goods at the time and place of delivery before accepting them.
Modifications. The Purchase Order can be modified or rescinded only by a writing signed by the City's Purchasing Manager or his duly authorized representative.
Waiver. No claim or right arising out of a breach by Seller of the Purchase Order can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver renunciation is supported by consideration and is in writing signed by the City.
Assignment-Delegation. No right or interest in the Purchase Order shall be assigned by Seller without the written permission of the city, and no delegation of any obligation owed, or of the performance of any obligation by the Seller shall be made without the written permission of the City's Purchasing Manager. Any attempted assignment or delegation shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.
City of Ventura Purchasing
Division
P.O. Box 99
Ventura, CA 93001-0099
(805) 658-4719 - Purchasing and Contracts Division
(805) 648-2961 Fax