Creator:
Date Created:
Place Created:
Keywords:HEWLETT PACKARD,HALL, JR , H, TRACY,ADVANCED PRODUCTS,June 22, 1973
Context:
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HEWLETT PACKARD
HALL, JR , H, TRACY
ADVANCED PRODUCTS
June 22, 1973
TERMS & CONDITIONS (April 1971) (A-932G-9016-1, Rev. D)
TERMS: Net 30 days from invoice date subject to the.	^ppljpable will appear as separate additional items on our
approval of our credit department at the time of shipment.	invoices.
Unless otherwise specified, payment will be due onpartial'	ADDITIONAL TERMS: If the order references a govern-
deliveries by Buyer. I	ment C0ntrgCt number or is certified under DMS Regulation '
„. M , u. « » - a .	No. 1 or BDSA No. 2, the following terms which appear iri
DELIVERY: We will make every reasonable effort to effect	Procurement Regulations shali apply;
shipment on or before the estimated delivery dates set forth	M
on our quotation and as confirmed in our acknowledgment	Additional Terms and Conditions
to your order. We are not liable for delays due to causes.	INSREC.TION: All articles shall be subject to inspection by
beyond our reasonable control. ,, .	Buyer to the extent practicable at all times and places,
____„.-_.._. ... , . i	including the period o-f manufacture,and jn any event prior
SHIPMENT: All prffces are f.o.b. place of shiprtwnt unless	tQ atceptance (ASPR 7-103.5(a), Ma^ 1958). otherwise noted. If requested, transportation charges will
be prepaid and will be added to the invoice as a separate	PACKING: Unless a preferred packing method is provided
charge to be paid by the Buyer. In the absence of specific	elsewhere in the order, all articles shall be packaged and
instructions, Hewlett-Packard Company will ship by the	packed for shipment and storage in accordance with the
most appropriate method.	best commercial practices. All packing will conform to
requirements of carriers' tariffs.
ACCEPTANCE: If order contains provisions inconsistent with the provisions of our proposal or acknowledgment,
Hewlett-Packard Company provisions shall prevail unless we	The following ASPR Clauses are incorporated by reference:
expressly agree to a specific exception. Clerical errors are	•] Changes —ASPR 7-103 2
subject to correction. All verbal orders and change orders	2 inspection - ASPR 7103.5(a) must be confirmed in writing before they can be accepted.
3. Title and Risk of Loss - ASPR 7-103.6
WARRANTY: All Hewlett-Packard products are warranted	4 Disputes - ASPR 7-103 12(a)
against defects in materials and workmanship. The period	Renegotiation _ ASPR 7.103.13(a)
of coverage is specified in the Operating and Service _ _„.	_	__________
Manuals provided with each product. We will repair or	6- Officials not to Benefit - ASPR 7-103.19
replace, at our option, products which prove to be defective	7.( Covenant Against Contingent Fees - ASPR 7-103.20
during the warranty period, tslo other warranty is expressed	8. Notice and Assistance Regarding Patent and Copyright
or implied. We are not IfaWfe forfojhsequential damages.	Infringement — ASPR 7-103.23 (9-104)
Instructions for recommended procedure to receive prompt	9. Stop Work Orders — ASPR 7-105.3
attention for warranty service should be obtained from the	1-Ot Notice.to the Government of Labor Disputes - ASPR
local Hewlett-Packard field office.	7-104,4
....... _ ,, ,	11. Excess Profit (Vinson-Trammell Act) — ASPR
PATENTS: The Buyer shall hold the Seller harmless	7-104 11(a)
against any expense or loss resulting from infringement of	„„ r- n , , , . , ,
patents or trademarks from compliance with Buyer's	12' Sec"r' y Requirements (when applicable) -
designs or specifications or instructions	" '
13. Examination of Records - ASPR 7-104.15
Except as otherwise provided in the preceding sentence, the	r .. ima 7 mj us
Seller shall defend any suit or proceeding brought against	,Z' „ratulties A1, H 0 J A,, „„„„ „ „
the Buyer so far as based on a claim that any product, or	15" Marrtiw. Allocations and Allotments-ASPR 7-104.18
any part thereof, furnished under this contract constitutes	16- Quality Program - ASPR 7-104.28
an infringement of any patent of the United States, if	17. Termination for Convenience of the Government —
notified promptly in writing and given authority, informa-	ASPR 8-701 (a) (7-103.21)
tion and assistance (at the Seller's expense) for the defense	18. Default — ASPR 8-707 (7-103.11)
of same, and the Seller shall pay all damages and costs	19 federal. State and Local Taxes - ASPR 11-401.1 (c)
awarded therein against the Buyer. In case said product, or	(7-103 10)
any part thereof, is in such suit held to constitute	n . ' . . ,,,.„ .„ ...
infringement and the use of said product or part is	20. Convict Labor - ASPR 12.203 (7-104.17)
enjoined, the Seller shall, at its own expense, either procure	21 • Contract Work Hours Standards Act - Overtime Com-
for the Buyer the right to continue using said product or	pensation - ASPR 12-303 (7-103.16)
part, or replace same with non-infringing products; or	22. Equal Opportunity - ASPR 12-804 (7-103.18)
modify it so it becomes non-infringing; or remove said	23. Walsh-Healy Public Contracts Act - ASPR 12-605
product and refund the purchase price and the transporta-	(7-103 17)
tion and installation costs thereof The foregoing states the	24 B American Act _ ASPR 6.104 5 (7.104 3) entire liability of the Seller for patent infringement by the
said products or any part thereof.	25. Utilization of Small Business Concerns - ASPR
1-707.3(a) (7-104.14)
TAXES: Unless otherwise stated, all prices are exclusive of	26. Utilization of Concerns in Labor Surplus Areas —
state and local use, sales and similar taxes. Such taxes when	ASPR 1-805.3(a) (7-104.20)