Solicitation Exceptions/Deviations Explanation. If the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed conditions and information included or attached. TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation. Exceptions: 1. In the event of a conflict between the Contract, including any documents attached thereto or incorporated therein by reference, and/or or any Purchase Order and this Addendum, the terms and conditions in this Addendum will govern. 2. Neither Vendor nor Cooperative Member shall be liable to the other for any indirect, special, consequential, incidental or exemplary damages or losses of any kind, whether arising in contract, warranty, tort (including negligence), strict liability or otherwise, including, but not limited to, losses of use, profits, business, reputation, or financing. This waiver shall survive completion or termination of all Purchase Orders and the Contract. 3. A schedule for completion of the services to be provided by Vendor shall be established by mutual agreement of the Vendor and the Cooperative Member. Vendor does not accept any responsibility for schedule shortcomings related to the actions or inaction of others not under direct supervision of the Vendor. In the event of delays in performing or completing the services, through no fault of Vendor, Vendor shall be granted an extension of the time for performance in the event of delays caused by force majeure events, and for all other delays, Vendor shall be given an equitable adjustment to the contract time and contract sum. 4. Vendor agrees to indemnify, defend and hold Cooperative Member harmless from and against all liability and claims for loss of or damage to tangible property or claims for injuries to or death of any persons, but only to the extent such loss, damage or claim is caused by the fault or negligent acts or omissions of Vendor arising out of or in connection with the services provided by Vendor, its subcontractors or someone for whom Vendor is legally responsible; provided, however, that Vendor’s obligation shall not extend to any loss or damage caused by the Cooperative Member or anyone for whom the Cooperative Member is legally responsible. 5. Vendor warrants against loss or damage from any defect in materials or workmanship furnished under a Purchase Order for a period of one (1) year from the date of substantial completion of Vendor’s work under such Purchase Order. The exclusive remedy for defective work shall be repair or replacement of such work for a period of one year. Vendor shall commence repair or replacements of defective work within 14 days from receipt of written notice from the Cooperative Member. 6. Additional business terms related to the services provided by Vendor and not otherwise provided for by the General Terms and Conditions shall be established by mutual agreement of the parties prior to commencement of Vendor’s performance obligations pursuant to a Purchase Order.
Appears in 2 contracts
Samples: Tips Vendor Agreement, Tips Vendor Agreement
Solicitation Exceptions/Deviations Explanation. If the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed conditions and information included or attached. TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation. Exceptions: 1. In the event of a conflict between the Contract, including any documents attached thereto or incorporated therein by reference, and/or or any Purchase Order and this Addendum, the terms and conditions in this Addendum will govern. 2. Neither Vendor nor Cooperative Member shall be liable to the other for any indirect, special, consequential, incidental or exemplary damages or losses of any kind, whether arising in contract, warranty, tort (including negligence), strict liability or otherwise, including, but not limited to, losses of use, profits, business, reputation, or financing. This waiver shall survive completion or termination of all Purchase Orders and the Contract. 3. A schedule for completion of the services to be provided by Vendor shall be established by mutual agreement of the Vendor and the Cooperative Member. Vendor does not accept any responsibility for schedule shortcomings related to the actions or inaction of others not under direct supervision of the Vendor. In the event of delays in performing or completing the services, through no fault of Vendor, Vendor shall be granted an extension of the time for performance in the event of delays caused by force majeure events, and for all other delays, Vendor shall be given an equitable adjustment to the contract time and contract sum. 4. Vendor agrees to indemnify, defend and hold Cooperative Member harmless from and against all liability and claims for loss of or damage to tangible property or claims for injuries to or death of any persons, but only to the extent such loss, damage or claim is caused by the fault or negligent acts or omissions of Vendor arising out of or in connection with the services provided by Vendor, its subcontractors or someone for whom Vendor is legally responsible; provided, however, that Vendor’s obligation shall not extend to any loss or damage caused by the Cooperative Member or anyone for whom the Cooperative Member is legally responsible. 5. Vendor warrants against loss or damage from any defect in materials or workmanship furnished under a Purchase Order for a period of one (1) year from the date of substantial completion of Vendor’s work under such Purchase Order. The exclusive remedy for defective work shall be repair or replacement of such work for a period of one year. Vendor shall commence repair or replacements of defective work within 14 days from receipt of written notice from the Cooperative Member. 6. Additional business terms related to the services provided by Vendor and not otherwise provided for by the General Terms and Conditions shall be established by mutual agreement of the parties prior to commencement of Vendor’s performance obligations pursuant to a Purchase Order.. Agreement Deviation/Compliance Does the vendor agree with the language in the Vendor Agreement?
Appears in 2 contracts
Samples: Tips Vendor Agreement, Tips Vendor Agreement
