Contract Details: # 207-A1

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Number 207-A1
Description Printer Toner Cartridges - TIBH
Category TxSmartBuy
Type Term
Start Date 7/28/2004
End Date 12/31/2099
Purchase Category Code(Agencies Only) PCC A
Purchase Orders Only purchase orders issued through TxSmartBuy are eligible for contract pricing. The Contractor will not ship any products or provide related services until receipt of a Purchase Order generated by the TxSmartBuy system.
CPA Contract Management Questions regarding contract management issues, price changes, amendments or other post-award concerns should be directed to:

SPD Contract Management Office (SCMO)

Texas Comptroller of Public Accounts (CPA)

Phone: (512) 463-3034 option 3

Contract Specifics/Notes Shipping Information:

Freight is included. Core units include return "collect" transportation. Please call TIBH for any questions regarding freight costs.

Inside Delivery:

Qualified ordering entities may request "inside" or "room" delivery. Any additional charges for this service are to be added to the vendor's invoice as a separate item. If a vendor splits a delivery, the flat rate charge shall be applied only once. For inside deliveries, please contact TIBH for a delivery price quote. Other premium type deliveries will be added to invoice. The State may require proof of delivery for inside delivery charges.
Warranty Details 1. Warranty that the commodity is free from defects in material and workmanship and agrees to repair or replace promptly on a one for one basis without additional cost to the state of Texas or ordering entity covered by the contract, any and all items failing, excepting those failures attributable to accident, fire, or negligence on the part of operating (using) personnel. charges.

2. Guarantee to the ordering entity that, when used as directed, or shortens developer life (if developer is used), reimbursement will be made for the full amount of the product, in addition to any and all repair and/or replacement charges for the involved printer.

3. This warranty/guarantee is not the exclusive remedy of the state of Texas, but is in addition to the general obligations of the vendor to faithfully perform the contract and it in no way delimits the responsibility of the vendor for faulty design, manufacture or assembly of the commodity.

4. Neither the final payment nor any provisions of the contract documents shall relieve the vendor of responsibility for faulty materials, design, workmanship, manufacture or assembly. If the vendor after due notice, fails to proceed promptly to comply with the terms of the warranty/guarantee, the state of Texas may, at its option, have the defects corrected or items replaced from the best available source and the vendor and/or its surety shall be liable for all expenses incurred by the state.

5. Guarantee that the commodity is first quality grade in the field and has been sold in commercial trade. Vendor further guarantees that the commodity is of normal production and not a special production item.
Adding New Products to the Contract Additional products or services of the same general category that are not already on the contract may be added by submitting an Open Market Requisition to the Statewide Contract Development section at .
Compliant Products by Contractor Delivery does not occur until the Contractor delivers products, materials or services in full compliance with the specifications to Customer F.O.B. destination, unless delivery is specifically accepted, in whole or in part, by the Customer. Providing products, materials or services which do not meet all specification requirements does not constitute delivery.

Customer reserves the right to require new delivery or a refund in the event that materials or products not meeting specifications are discovered after payment has been made.
Purchase Order Cancellation The Customer may request that a Contractor cancel a specific line item or an entire purchase order. There shall be no fees charged for cancellation of an item and/or order prior to shipment by the Contractor. The cancellation must be processed through the TxSmartBuy system.
Restocking Fee for Returned Products The Customer may request that a Contractor accept return of products already delivered. If the return is required through no fault of the Contractor, the Contractor may request a reasonable restocking charge. The Customer may pay a restocking charge if the CPA or Customer determines that the charge is justifiable. As a guideline, such charges shall not exceed 15%.
Substitutions During the Contract term, the Contractor shall not substitute a product or brand unless the Contractor has obtained prior written approval from the CPA Contract Manager in coordination with the Customer. The Contractor must have written confirmation from the CPA Contract Manager of the substitution before making delivery.
Contractor Performance Statewide Procurement Division (SPD), administers a vendor performance program for use by all customers per Texas Government Code (TGC), §2262.055, and 34 Texas Administrative Code (TAC), §20.108. The Vendor Performance relies on the customer's participation in gathering information on vendor performance. State agency customers shall report vendor performance on purchases of$25,000 or more from contracts administered by CPA, or any other purchase of $25,000 or more made through delegated authority granted by CPA (TAC 20.108), or purchases exempt from CPA procurement rules and procedures. State agencies are additionally encouraged to report vendor performance on purchases under $25,000.

Vendor Performance shall be reported through the CPA VENDOR PERFORMANCE TRACKING SYSTEM.

The purpose of the Vendor Performance Tracking System is to:

• Identify vendors that have exceptional performance

• Aid purchasers in making a best value determination based on vendor past performance

• Protect the state from vendors with unethical business practices

• Provide performance scores in four measurable categories for the CMBL vendors

• Track vendor performance for delegated and exempt purchases

Contractor Information

VID: 17419760511

Contractor: TIBH Industries Inc.

Contact Name: Audrey Cedillo

Email: Smartbuy@Tibh.Org

Phone: (512) 451-8145

Address: TIBH 1011 East 53 1/2 Street Austin TX 78751