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Assignment/Delegation : No right, obligation or interest in the Order shall be assigned or delegated by the
<br /> Seller without prior written consent of the County , without prejudice to County ' s other rights and 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 period
<br /> of Manufacturer standard warranty will be corrected without expense to Indian River County . Should the
<br /> product not be properly correctable , the successful bidder may be required to either replace the defective
<br /> unit , or pick up the defective unit and refund any and all money that has been paid for the product . If in the
<br /> County ' s judgment , the product reflects unsatisfactory workmanship or manufacturing , or if the product(s)
<br /> is damaged in shipment , the County reserves the right to reject such items when they are presented
<br /> for
<br /> delivery . The supplier will be responsible for attorney fees in the event the supplier defaults and court
<br /> 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 ,
<br /> or action or
<br /> judgments arising out of the terms of the resulting agreement for any personal injury , loss of
<br /> 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 incurred
<br /> in the defense of any such claim , suit , or action , and the investigation thereof. Nothing in
<br /> the award,
<br /> resulting agreement, contract or Purchase Order shall be deemed to affect the rights , privileges ,
<br /> and
<br /> 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
<br /> 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 of
<br /> 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 of
<br /> Chapter 119 , Florida Statutes , and related statutes , the burden of establishing such exemption , by the way
<br /> 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 and
<br /> for three years following the termination of obligations hereunder. Records which relate to any litigation ,
<br /> appeals or settlements of claims arising from performance under this Order shall be made available until a
<br /> final disposition has been made of such litigation , appeals , or claims .
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