6. Delivery of Goods. Unless otherwise specified in writing by the City, Seller
shall deliver the Vans to City at City's offices located at 11 Riverside Street Nashua, New
Hampshire with shipping and insurance charges included in the price. Shipments shall be
accepted Monday through Friday, 8:00 AM to 4:00 PM, excluding holidays. Contractor is
required to notify the City’s purchasing agent in advance if delivery cannot be made
during these hours.
Delivery must be at a mutually agreed upon time, no earlier than March 1, 2018 and
no later than April 30", 2018. The Vans shall be delivered to City by Seller free of any
liens and encumbrances.
7. Inspection and Acceptance. The Vans shall be received by City subject to
City's reasonable inspection, testing, approval, and acceptance. If the Vans are rejected by
the City as nonconforming, City may return the Vans to Seller at Seller's risk and expense,
and the Vans shall not be replaced or repaired by Seller without written authorization from
City. If City does not provide written acceptance or a list of deficiencies within the thirty
(30) calendar days following Seller's delivery of the Vans as required by Section 6 of this
Contract, the Vans shall be deemed accepted.
8. Title/Risk of Loss. Title, ownership, and risk of loss or damage of the Vans
shall remain with Seller until the Vans are delivered to, inspected and accepted by City,
except when such loss or damage is due to the fault or negligence of City. Once accepted
by City, title, ownership, and risk of loss shall transfer to City.
9. Termination and Suspension. The City, in its sole discretion, shall have the
right to terminate, abandon, or suspend all or part of the project and contract at will. Ifthe
City chooses to terminate, abandon, or suspend all or part of the project, it shall provide
Seller thirty (30) day’s written notice of its intent to do so. If all or part of the project is
suspended for more than ninety (90) days, the suspension shall be treated as a termination
at will of all or that part of the project and contract.
Upon receipt of notice of termination, abandonment, or suspension at will, Seller
shall:
a. Immediately discontinue work on the date and to the extent specified in the
notice.
b. Provide the City with a list of all unperformed services.
c. Place no further orders or sub-contracts for materials, services, or facilities,
other than as may be necessary or required for completion of such portion of
work under the contract that is not terminated.
d. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of all orders or sub contracts to the extent they relate
to the performance of work terminated, abandoned, or suspended under the
notice, assign to the City any orders or sub contracts specified in the notice,
and revoke agreements specified in the notice.
€. Not resume work after the effective date of a notice of suspension until
receipt of a written notice from the City to resume performance.
