Terms and Conditions
The following Terms and Conditions apply to City of Dubuque Transactions:
- The City of Dubuque is exempt from federal excise tax and Iowa sales tax.
- The City of Dubuque will not be responsible for payment for any goods delivered without a purchase order.
- The vendor will send a separate invoice for each purchase order number. All invoices, packages, shipping notices, or the like affecting the order shall contain the applicable purchase order number. The vendor is to submit original invoice to the address shown in the SHIP TO section on the front of this order.
- No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized on the face of this order.
- It is understood by the vendor that the cash discount period to the City of Dubuque will date from the receipt of the invoice or from the date of the receipt of the goods, whichever is later.
- The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the destination set out in the order and accepted by the City of Dubuque or the authorized City of Dubuque representative.
- In the event of the vendor’s failure to deliver as and when specified, or to perform as and when specified, the City of Dubuque reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and the vendor agrees that the City of Dubuque may return part or all of any shipment so made and may charge the vendor with any loss expense sustained as a result of such failure to deliver or to perform.
- In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the vendor will indemnify and save harmless the City of Dubuque from any and all loss, cost or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of copyright, or application for either rights under such patent, copyright or application for either.
- In the event any article, service, or process sold and delivered or sold and performed hereunder is defective in any respect whatsoever, the vendor will indemnify and save harmless the City of Dubuque from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to person or property that may happen or occur in connection with the use or sale of such article, or process and are contributed to by said defective condition.
- If the vendor performs services or constructs, erects, inspects or delivers hereunder, the vendor will indemnify and save harmless the City of Dubuque from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to persons or property that may happen or occur in connection therewith.
- The vendor agrees not to release any advertising copy mentioning the City of Dubuque or quoting the opinion of any City of Dubuque employee without the prior written authorization from the City of Dubuque.
- The vendor represents and warrants that no federal or state statute or regulation, or local municipal ordinance has been or will be violated in the manufacturing, sale and delivery hereunder. If such violation has or does occur, the vendor will indemnify and save harmless the City of Dubuque from all loss, penalties, or payment of all sums of money on account of such violation.
- The City of Dubuque may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous custom, practice or course of dealing to the contrary.
- The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the vendor’s proposal, and are not subject to change by reason of any written or verbal statements by the vendor or by any terms stated in the vendor’s acknowledgement unless same be accepted in writing by the City of Dubuque.
- This agreement is governed and interpreted pursuant to the laws of the State of Iowa. Any legal action arising from default of this contract must be brought only in the District Court of Iowa for Dubuque County.
- Current Safety Data Sheets (SDS), when applicable to the order, will be provided by the vendor in accordance with all regulations.
- Required insurance documents must be provided prior to the issuance of this Purchase Order. Vendor is responsible for keeping required insurance current until service is complete.
- A vendor with more than 5% ownership by an employee, spouse, children/children-in-law, sibling/sibling-in-law, and/or parent/parent-in-law of employees of the City of Dubuque must inform the Finance Department prior to doing business with the City of Dubuque. Please contact the Finance Department at (563) 589-4131 for further information.