5.2 ERMUSR 03-14-2023 - Laserfiche WebLink

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Elk River Municipal Utilities 10 SupplierCore & Main LP ERMU shall authorize Equipment purchases by issuing written purchase orders to Supplier by electronic mail. The Supplier shall be deemed to have accepted a purchase order if the Supplier delivers the Equipment that the ERMU ordered. Order Lead Times ERMU’s desired shipment dates shall take into account Supplier’s current lead times at the time of the purchase order. Lead times will be provided to ERMU by a Supplier representative and are defined as the cycle time from acknowledgement of the purchase order to fulfillment of the purchase order. Cancelling or Modifying a Purchase Order ERMU may, without penalty, cancel or reduce a purchase order by written notice to Supplier no later than sixty (60) days prior to scheduled delivery of the Equipment ordered on the purchase order. If ERMU cancels or materially modifies a purchase order within sixty (60) days prior to delivery, such purchase order may be subject to reasonable cancellation charges. Notwithstanding the foregoing, cancellation charges do not apply to purchase order items regarding Software or Services. Transportation and Risk of Loss Supplier shall be responsible for the proper packaging of Equipment provided hereunder and shall exercise reasonable precautions to protect all shipments against damage in transit. The method of transportation and routing shall be at the option of Supplier for delivery to the destination designated by ERMU. Shipping will be F.O.B. destination, freight prepaid by Supplier. Supplier shall be responsible for correcting and collecting for any damage or loss while the Equipment is in transit and prior to receipt of the Equipment. All material and workmanship shall be subject to inspection and testing at reasonable times and places by ERMU before, during, and after performance and delivery. If any loss of or damage to the Work or the AMI System or component thereof occurs prior to delivery to ERMU, ERMU may require that Supplier promptly make all repairs or replacements at no cost to ERMU as necessary to place the Work and AMI System in the condition required by this Agreement. ERMU’s failure to inspect or test does not relieve Supplier of any responsibility to perform according to the terms of this Agreement. Acceptance of the AMI System and Work by ERMU shall not constitute acceptance as to latent or hidden defects not subject to discovery upon reasonable inspection or testing. Supplier shall notify ERMU in writing when any Equipment is ready for shipment. In addition to the preceding, a complete packing list, tracking information and test record data file will be provided with each shipment. After delivery and inspection at destination, ERMU will be responsible for any loss, theft, physical damage, or abuse that affects the operation of the AMI System and occurs while AMI System is in the control of ERMU. 202