40450 – VEHICLES (Including Alternate Fuel Passenger Cars,
AWARD PAGE 67
Sport Utility Vehicles, Passenger and Cargo Vans & Pickups) (2010 Model Year & Newer) (Statewide)
CANCELLATION FOR CONVENIENCE The State of New York retains the right to cancel this contract, in whole or in part without reason provided that the Contractor is given at least sixty (60) days notice of its intent to cancel. This provision should not be understood as waiving the State's right to terminate the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision. Any such cancellation shall have no effect on existing Agency agreements, which are subject to the same 60 day discretionary cancellation or cancellation for cause by the respective user Agencies.
DELIVERY: Delivery is expressed in number of calendar days required to make delivery after receipt of a purchase order (ARO). Product is required as soon as possible. Delivery shall be made in accordance with instructions on Purchase Order from each agency. If there is a discrepancy between the purchase order and what is listed on the contract, it is the contractor’s obligation to seek clarification from the ordering agency and, if applicable, from the Office of General Services, Procurement Services Group. Expansion of Delivery Points - Upon mutual agreement, delivery locations may be expanded per the "Non-State Agencies Participation in Centralized Contracts", "Extension of Use" and "Extension of Prices Commitment" clauses incorporated herein.
Condition On Delivery - Each vehicle shall be completely serviced. The servicing program shall include not less than the following: engine tune-up, lubrication, wheel alignment, front wheel balancing, wiring check, body conditioning and all other inspections and tests normally performed on a new vehicle.
If a vehicle is delivered with minor deviations or improper servicing, the contractor must arrange to have the necessary work done within 48 hours (exclusive of Saturdays, Sundays and Holidays) after receipt of written notification from the agency and/or the Office of General Services. Otherwise, the corrections shall be made by an entity of the agency’s choosing and contractor will be required to reimburse the agency for this expense within 30 days of request.
No name other than the manufacturer’s shall appear on the vehicle. At point of acceptance, the vehicle odometer reading shall not exceed, in miles, the distance between the contractors place of business and the point of delivery plus 50 miles. In the event a vehicle is delivered with mileage exceeding such amounts, $5.00 for each mile up to 100 miles and $10.00 each mile over 100 miles will be deducted from each purchase order. Vehicles exceeding the aforementioned miles by more than 300 miles may be rejected.
Delivery Certification - Contractor shall secure a signed receipt from the agency certifying delivery of vehicle and odometer reading. In the event deficiencies are later noted and a properly signed receipt is not available, contractor will be responsible.
Shipping Dates And Delivery Time -
Contractor shall provide written acknowledgement of orders within five (5) business days after receipt of order. Contractor shall provide ordering agency with anticipated shipping date of completed vehicle with written acknowledgement of order. Contractor shall furnish the agency with written acknowledgement of the shipping date at least two weeks prior to shipment. If shipment will not be made within the delivery time, the contractor is required to notify the agency in writing at least two weeks prior to the latest date of the original delivery obligation. This notification must include the reasons for the delay and the latest date the vehicle will be shipped. Should the delay not be acceptable to the using agency, appropriate contract default proceedings will be initiated. Failure to supply timely written notification of delay may be cause for default proceedings. All correspondence on shipping dates and delivery time shall be directed to the ordering agency's contact person.