CONTRACT TERMS AND CONDITIONS

INTOXILYZER MOUTHPIECES

COMMODITY: Intoxilyzer mouthpieces compatible with the CMI Intoxilyzer 5000 device.

SCOPE: To furnish the normal requirements for the State of Maine Central Warehouse.

CONTRACT PERIOD: This contract is to be for a one-year period, 1/20/2012 through 1/19/2013.

EXTENSION OF CONTRACT: The Director of Purchases may, with the consent of the contractor, extend the contract for two additional one year periods, providing pricing and the terms of the contract are in the best interest of the State.

ESTIMATED VALUE: It is estimated that the value of this contract during a one-year period is approximately $3,200.00. The dollar amount specified is an estimate only and the contracted items will be ordered on an as needed basis. It is understood and agreed, however, that the contract shall cover all the quantities ordered for the Central Warehouse during the term of the contract, whether more or less than the amount indicated.

PACKAGING: All items shall be packaged and packed in accordance with prevailing commercial practice, and in such a manner as to insure delivery in first class condition.

CONTRACT PRICES: Prices shall remain firm for the duration of the contract. Prices include all transaction charges F.O.B. destination.

ORDERING PROCEDURE: The Central Warehouse will fax or telephone all Contract Release Orders (CRO) created by their internal system to the Vendor.

DELIVERIES: Items purchased shall be delivered to Central Warehouse. Deliveries can be scheduled by calling Central Warehouse at (207) 287-3644 during receiving hours: 7:30 AM to 3:30 PM, Monday thru Friday. The Contractor will be responsible for the delivery of material in first class condition and in accordance with good commercial practice. Orders of seventy (70) cases or more will be shipped palletized.

PROCUREMENT CARD: State policy requires vendors to accept the State of Maine Procurement Card as a form of payment, with very rare exceptions. Your company will be required to accept these cards. The pricing offered to the State of Maine shall be the final cost to the State of Maine regardless of payment method. No surcharge or other contractor compensation will be allowed. The State of Maine reserves the right to cancel this contract if is unwilling to accept this condition.

TAXES: The State is exempt from the payment of federal exise taxes and State sales taxes. Exemption certificates will be furnished upon request from the Division of Purchases.

REPORT OF PURCHASES: Contractor will be required to furnish the Director of Purchases with a detailed summary of total Purchases made under this contract. This summary may be requested annually or at any time during the contract period and will be required for any extension of the contract.

INVOICES: Invoice must reference the Delivery Order number and Contract number. Failure to do so could cause lengthy delay of payment of invoices.

CANCELLATION OF CONTRACT: The Division of Purchases reserves the right to cancel a contract upon a thirty day written notice, or cancel immediately if the contractor does not conform to the terms and conditions of this contract.