1. The law applicable to this purchase order shall be the law in effect in the Province of Alberta. Except for an appeal from an Alberta Court to the Supreme Court of Canada, no action in respect to the purchase order shall be brought or maintained in any court other than a court of the appropriate jurisdiction of the Province of Alberta.

2. If the goods and/or services furnished on this order are covered by a separate contract, this order is given subject to the conditions specified in such contract. If for goods and/or services not under contract, then they are to be supplied within a reasonable time after the order is given, and the seller of any article to be used for a particular purpose undertakes without any exception, that is reasonably fit for that purpose.

3. Trade Discounts Advantage will be taken on all special and short term discounts. Discount date will be computed from the date that the invoice is received or the date on which the goods and services are received whichever is the later.

4. This purchase order, together with all documents, drawings and specifications referred to herein, shall when accepted by the seller, constitute the contract between the seller and the City, and shall not be altered, amended or supplemented without the City’s written approval.

5. In accepting this order, the seller undertakes and agrees to provide all materials and/or perform all the services shown or described in the contract documents and in strict compliance therewith.

6. Each article or class of material or service to be supplied under this contract shall be in strict accordance with the specification. In the event that the City judges that the quality of the article, material, or service is deemed deficient, the City may cancel the order by returning the goods at the seller’s expense and debiting the seller’s account with the original purchase cost(s).

7.  Where a delivery date is stated, delivery by such date is regarded as the essence of the contract. Failure on the part of the seller to complete delivery by the stated date for reasons other than those beyond the sellers control, will entitle the City to any one or combination of the following:
7.1  Cancel the Order
7.2  Reassign the contract and charge the original seller with all incremental costs involved.

8.  The seller warrants:
8.1  That the product(s) and/or service(s) supplied to the City conforms in all respects to the standards set forth by the Federal and Provincial agencies.
8.2  That the shipping and handling of designated products and/or hazardous materials will be made in accordance with the applicable Federal, Provincial and Municipal regulations in force at the time of shipment.
8.3  Failure to comply with the Articles 8.1 and 8.2 as noted above will be considered a breach of the contract.

9.  The City shall not be bound by any total disclaimed or implied warranty and an expressed warranty or condition does not negate a warranty or condition implied by the Sale of Goods Act (Alberta) unless inconsistent therewith. This contract shall be governed by the laws of the Province of Alberta.

10.  Insofar as this order specifies that F.O.B. point, the City shall accept title for the goods at that point only. Material not sold F.O.B. destination must be prepaid and the charges, other than postage must be supported by documents. Material shipped parcel post must be insured. C.O.D. charges will not be accepted.

11.  The seller by it’s acceptance of the purchase order shall indemnify and hold harmless the City of Lethbridge, its agents, and employees from and against all loss or expenses by reason of the liability imposed by law upon the City of Lethbridge, its agents and employees for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of damage to property, including loss of use thereof, arising out of or in consequence of the performance of this work or use and/or supply of these goods or services.

12. The Contractor shall maintain an account in good standing with the Worker Compensation Board (Alberta) to the commencing work. The account must include personal coverage for inter alia all partners, proprietors or directors of the firm, company or corporation who are present or may have cause to be present at the work site. The Contractor shall ensure compliance by both the Contractor itself and sub-contractors with the requirements of the Workers Compensation Act (Alberta) and all applicable regulations thereunder.
 
13. The Contractor shall comply with all the provisions of the Occupational Health and Safety Act, R.S.A. 2000, Chapter 02, the Occupational Health and Safety Code and all amendments thereto and all regulations now or hereafter made thereunder and shall indemnify the City in respect to all matters arising out of or in connection with failure of the successful Contractor to comply in all respects with the applicable provision of the said Act, Code and regulations.
 
14. For all goods purchased directly from foreign countries for shipment into Canada, the selling firm shall include four completed and signed copies of the Canada Custom Invoice with the documentation accompanying the shipment.

15. No charges for packages will be allowed, unless such costs form part of an accepted quotation.

16. For the supply of both materials and/or services, holdback of payment may be made in accordance with the requirements of the Builder’s Lien Act of Alberta.

17. The seller will submit all invoices in relation to this Purchase Order to the following address and the Purchase Order Number must be clearly displayed on the invoice(s): The City of Lethbridge, Accounts Payable; 6th Floor, 910 – 4th Avenue South; Lethbridge, AB T1J 0P6

18. The seller agrees not to invoice at prices higher than those formally agreed to by this order or subsequent amendment.

19. The City will pay the seller 30 days from receipt of an invoice or acceptance of the goods or services, whichever is later except when a separate contract or agreement specifies other terms and/or early payment is required to take advantage of discounts offered by the seller.

20. If the seller manufactures or purchases any goods involved in this contract outside of Canada, the seller must ensure that they, or their agent, or their representative is the “Importer of Record” for customs purposes.

21. Unless otherwise stated, all funds are payable in Canadian dollars.

22. In compliance with the Canada Income Tax Act, The City of Lethbridge is required to withhold 15%, or such other percentage as may be specified by Canada revenue Agency, from all the payments made to Non-residents for services provided in Canada. Non-Residents who possess a waiver letter from Canada revenue Agency prior to performing a service to the City will be excepted from the withholding. Annual tax receipts will be issued to Non-residents for use as foreign tax credits under their country’s income tax provisions.