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Assigntnent/Delegation: No right, obligation or interest in the Order shall be assigned or delegated by
<br />the Seller without prior written consent of the County, without prejudice to County's other rights and
<br />remedies.
<br />Consideration of Bids: Telegraphic, telephonic, or faxed bids will not be considered.
<br />Quality Guarantee: All equipment or material shall be fully guaranteed by the bidder against factory
<br />defects. Any defects which may occur as a result of either faulty material or workmanship within the
<br />period of Manufacturer standard warranty will be corrected without expense to Indian River County.
<br />Should the product not be properly correctable, the successful bidder may be required to either replace the
<br />defective unit, or pick up the defective unit and refund any and all money that has been paid for the
<br />product. If in the County's judgment, the product reflects unsatisfactory workmanship or manufacturing,
<br />or if the product(s) is damaged in shipment, the County reserves the right to reject such items when they
<br />are presented for delivery. The supplier will be responsible for attorney fees in the event the supplier
<br />defaults and court action is required.
<br />New Merchandise: All equipment and materials must be new and unused, and provided with title and
<br />warranty papers when applicable. This provision excludes surplus and used products.
<br />Indemnification: The successful bidder shall agree to indemnify and save harmless Indian River County,
<br />its agents and employees, from and against all claims, suits, actions, damages, causes, or action or
<br />judgments arising out of the terms of the resulting agreement for any personal injury, loss of life, or
<br />damage to property sustained as a result of the performance or non-performance of services or delivery of
<br />goods, from and against any orders, judgments, or decrees, which may be entered against the County, its
<br />agents or employees; and from and against all costs, attorney's fees, expenses, and other liabilities
<br />incurred in the defense of any such claim, suit, or action, and the investigation thereof. Nothing in the
<br />award, resulting agreement, contract or Purchase Order shall be deemed to affect the rights, privileges,
<br />and immunities of the County as set forth in Florida Statute Section 768.28.
<br />Royalties and Patents: The successful bidder shall pay all royalties and license fees for the equipment or
<br />processes in conjunction with the equipment their furnishing. Further, the bidder shall defend at their
<br />expense all suits, actions, or judgments alleging infringement on any United States Patent by reason of the
<br />use or resale of any piece of material furnished user and will save the County harmless from all expense
<br />of defending said suits and from all payments which may be assessed against the purchaser on account of
<br />such infringement.
<br />Public Access: The Seller shall allow public access to all documents and materials in accordance with the
<br />provisions of Chapter 119, Florida Statutes. Should the Seller assert any exemptions to the requirements
<br />of Chapter 119, Florida Statutes, and related statutes, the burden of establishing such exemption, by the
<br />way of injunctive or other relief as provided by law, shall be upon the Seller.
<br />Records/Audit: The Seller shall maintain books, records and documents pertinent to performance under
<br />this Order in accordance with generally accepted accounting principles consistently applied. The County
<br />shall have inspection and audit rights to such records for audit purposes during the term of the contract
<br />and for three years following the termination of obligations hereunder. Records which relate to any
<br />litigation, appeals or settlements of claims arising from performance under this Order shall be made
<br />available until a final disposition has been made of such litigation, appeals, or claims.
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