Vicon V960D Series Specifications Page 7

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Page 7 of 61
SCANNED OR RE-TYPED RESPONSE
If in its response, offeror either electronically scans, re-types, or in some way reproduces the County's published proposal package,
then in the event of any conflict between the terms and provisions of the County's published proposal package, or any portion
thereof, and the terms and provisions of the response made by offeror, the County's proposal package as published shall control.
Furthermore, if an alteration of any kind to the County's published proposal package is only discovered after the contract is
executed and is or is not being performed, the contract is subject to immediate cancellation.
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held
invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby
declared that such remaining portions would have been included in these requirements and the specifications as though the
invalid portion had been omitted.
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any
point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship
of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items
furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the
highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and
construction of such items and shall be an established supplier of the item proposal.
SUPPLEMENTAL MATERIALS
Offerors are responsible for including all pertinent product data in the returned proposal package. Literature, brochures, data
sheets, specification information, completed forms requested as part of the proposal package and any other facts which may
affect the evaluation and subsequent contract award should be included. Materials such as legal documents and contractual
agreements, which the offeror wishes to include as a condition of the proposal, must also be in the returned proposal package.
Failure to include all necessary and proper supplemental materials may be cause to reject the entire proposal.
TAXES
Harris County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Harris County
claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax
Exemption Certificates will be furnished upon written request to the Harris County Purchasing Agent.
TERM CONTRACTS
If the contract is intended to cover a specific time period, the term will be given in the specifications under SCOPE.
TERMINATION
Harris County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including
warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition
to and not in lieu of any other remedies which Harris County may have in law or equity. Default may be construed as, but not
limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any
and all services required to Harris County's satisfaction and/or to meet all other obligations and requirements. Harris County
may terminate the contract without cause upon thirty (30) days written notice.
TERMINATION FOR HEALTH AND SAFETY VIOLATIONS.
Harris County has the option to terminate this contract immediately without prior notice if offeror fails to perform any of its
obligations in this contract if the failure (a) created a potential threat to health or safety or (b) violated a law, ordinance, or
regulation designed to protect health or safety.
TITLE TRANSFER
Title and Risk of Loss of goods shall not pass to Harris County until Harris County actually receives and takes possession of the
goods at the point or points of delivery. Receiving times may vary with the using department. Generally, deliveries may be
made between 8:30 a.m. and 4:00 p.m., Monday through Friday. Offerors are advised to consult the using department for
instructions. The place of delivery shall be shown under the "Special Requirements/Instructions" section of this proposal
package and/or on the Purchase Order as a "Deliver To:" address.
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