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Y. Contractual Disputes:
Any dispute concerning a question of fact as a result of a contract with NNPS which is not disposed of by
agreement shall be decided by the NNPS Purchasing Agent, who shall reduce his decision to writing and
mail or otherwise forward a copy thereof to the contractor within thirty (30) days. The decision of the
NNPS Purchasing Agent shall be final and conclusive unless the contractor appeals within six (6) months of
the date of the final written decision by instituting legal action as provided in the Code of Virginia. A
contractor may not institute legal action, prior to receipt of the public body's decision on the claim, unless
the public body fails to render such decision within the time specified. Contractual claims, whether for
money or other relief, shall be submitted in writing no later than sixty days after final payment; however,
written notice of the contractor's intention to file such claim shall have been given at the time of the
occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a
contract from requiring submission of an invoice for final payment within a certain time after completion
and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of
amounts agreed due in the final payment.
Z. Warranty/Guarantee:
Successful Offeror guarantees against defective or faulty material or workmanship for at least one (1) year
or for the manufacturer’s standard warranty period, whichever is greater, from date of acceptance by NNPS.
To furnish adequate protection from damage for all work and to repair damages of any kind for which
Successful Offeror or Successful Offeror’s workmen are responsible, to the building or equipment, to
Successful Offeror’s own work, or to the work of others. Any merchandise or service provided under the
contract which is or becomes defective during the warranty period shall be replaced by the Successful
Offeror free of charge with the specific understanding that all replacements shall carry the same guarantee
as the original equipment or service (one year or manufacturer’s standard warranty period, whichever is
greater, from the date of acceptance of the replacement). Successful Offeror shall make any such
replacement immediately upon receiving notice from NNPS.
AA. Payment Terms:
To be eligible for payment, all labor, equipment and materials covered under Successful Offeror’s invoice
must be completed and accepted by NNPS. NNPS agrees to make payments under this contract within
thirty (30) days after receipt of a correct invoice for such payment. Where payment is made by mail, the
date of postmark shall be deemed to be the date of payment. Any amounts due NNPS under the terms of
this or any other agreement may be applied against Successful Offeror’s invoices with documentation for
the basis of the adjustment attached. In no event shall any interest penalty or late fee accrue when payment
is delayed because of disagreement between NNPS and Successful Offeror regarding the quantity, quality,
time of delivery, or other noncompliance with the contract requirements for any Product or Service or the
accuracy or correctness of any invoice. Payment terms offering a "prompt payment discount" of 20 days or
greater will be considered in the evaluation of Proposals. All other payment terms shall be net thirty (30)
calendar days or greater. Payment terms not specified by Offeror shall be Net 45 days.
Special Educational or Promotional Discounts
Successful Offeror shall extend any special educational or promotional sale prices or discounts immediately
to NNPS during the term of the contract. Such notice shall also advise the duration of the specific sale or
discount price.
BB. Prompt Payment:
NNPS will promptly pay for completed, delivered goods or services accepted under this Contract by the
payment date established. The required payment date will be either: (i) the date on which payment is due
under the terms of this Contract for the provision of the goods or services; or (ii) if a date is not established
by this Contract, not more than forty-five (45) days after goods or services are received or not more than
forty-five (45) days after the invoice is rendered, whichever is later.
Within twenty (20) days after the receipt of the invoice or goods or services, NNPS shall notify the supplier
of any defect or impropriety that would prevent payment by the payment date. Should NNPS fail to pay the
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