Specifications

CONTRACT TERMS AND CONDITIONS
Section headings are for purposes of convenience only and are not intended to form a part of nor to be used
for interpretation of the text hereof, nor are any provision listed in any particular order of precedence. By the
acceptance of this Purchase Order and/or commencement of performance for Goods, Seller agrees that the
following terms and conditions apply to this contract.
01. DEFINITIONS
a) “Buyer” shall mean the Matanuska-Susitna Borough.
b) “Seller” shall mean the person or entity signing this Contract to supply the Goods required by the
Buyer.
c) “Contract” shall mean all terms and conditions, exhibits, amendments, modifications or other such
documents set forth herein which shall govern the performance of the Seller. The term “Contract” and
“Purchase Order” are interchangeable.
d) “Goods” shall mean the material and/or equipment to be provided by Seller, as described by Buyer,
and any additional material and/or equipment as may be required in connection with this Contract.
e) “Destination” shall mean the area or location designated by the Buyer to which Goods shall be
delivered.
02. RELATIONSHIP OF PARTIES
Seller, including its employees, agents or representatives, shall be deemed an independent contractor and not
an agent or employee of the Buyer. All benefits, coverage’s and claims of its employees shall be the sole
discretion of the Seller. Unless specifically authorized in writing by the Buyer, Seller shall have no authority to
make commitments of any kind on behalf of the Buyer.
03. INTEREST OF MEMBERS OF THE BOROUGH AND OTHERS
No officer, member, or employee of the Borough, and no member of its governing body, and no other public
official of the governing body, shall participate in any decision relating to this Supply and Purchase Contract
which affects his personal interest or the interest of any corporation, partnership or association in which
he/she is, directly or indirectly, interested in having any personal or pecuniary interest, direct or indirect, in
this Supply and Purchase Contract.
04. CONFLICT OF INTEREST
The Seller, all employees of the Seller, contractors and other personnel employed by the Seller providing
materials or services under this Supply and Purchase Contract shall in no way stand to gain financially from the
terms of this contract except for wages, salaries or bonuses paid by the Seller and shall abide by federal,
state, and local laws and regulations associated with conflict of interest and financial disclosure. The Seller
covenants, that he presently has no interest and shall not acquire any interest, direct or indirect , which would
conflict in any manner or degree with the performance of services required to be performed under this
contract. The Seller further covenants that in the performance of this contract, no person having any such
interest shall be employed.
05. RISK OF LOSS
Notwithstanding any agreement with respect to deliver terms or payment of transportation charges, Seller
shall bear risk of loss or damage as to Goods rejected by Buyer or as to which acceptance has been revoked.
Further, until delivery of Goods, including related services and information, risk of loss, regardless of cause, is
Seller’s responsibility.