Delivery of Products

National Master Standing Offer
EZ107-060001/001/VAN to EZ107-060001/006/VAN
Desktop and Network Printers   including Accessories, Supplies and Services

Delivery of Products, Inclusions and Warranty Service

B.9 Delivery of Products

1) Compatibility Sub-Test

For any Call-up of ten printers or more, an Authorized User or the Contracting Authority may specify in the Call-up that the Offeror must perform a compatibility sub-test, prior to delivery of the Products, to determine whether the ordered Product(s) will meet the Authorized User's compatibility requirements. To complete these tests, the Contractor must deliver and set up (at any location designated by Canada, as long as it is within a radius of 100 km of any city or town with a population of at least 30,000, except CLCA areas), within 3 working days, up to two (2) of the Product(s) for testing. The Products delivered for testing must:

(A) be configured in accordance with the Technical Specifications in Annex A;

(B) be loaded with all necessary drivers; and

(C) be compatible with the specific hardware, network or software requirements identified by the Authorized User or the Contracting Authority at the time notice of testing is given to the Offeror.

If the testing indicates that some upgrades/changes (for example, to the drivers or firmware) are required, Canada will work with the Offeror to resolve these issues, provided they are reasonable within a reasonable period. If testing demonstrates that a Product is not compatible with the Authorized User's particular environment, the Call-up may be cancelled in its entirety and the next highest Active Offeror will be considered, for the purposes of the Call-up Limitations, to have the Product with the best Value Factor.

If the test unit provided is new and is to be delivered to the end-user's location, and if it is agreed upon with the Authorized User, the test unit may be considered as the first unit of the subsequent delivery. Once compatibility is assured, arrangements will be made for delivery of the rest of the order.

2) Delivery Terms
(a) ___________________ (the "Contractor") agrees to supply, deliver, configure, install (if requested), provide documentation, and provide Warranty Services for the Products listed in the Call-up, to the Authorized User by the Delivery Date, in accordance with the terms and conditions and at the price set out in this Contract. Title to all the Products vests in Her Majesty the Queen in right of Canada.

(b) Consumables Pricing during Contract Period: The Contractor agrees to supply additional consumables to the Authorized User upon request throughout the Contract Period at the price set out on the IPMG website at the time of the Call-up or the time of the request, whichever is less.

(c) Inclusions with Products: The Products must be delivered with the following, all of which are included in the unit price(s) for the Products:

(i) all ancillary equipment, such as a power supply, cabinetry and connectors required to enable the Product to satisfy the Technical Specifications in Annex A and the Product Details, and be operable in a standard office environment; however, the Contractor is not required to supply a cable to connect the printer to a computer or network;

(ii) the first set of imaging consumables (toner, fuser, drum, etc.);

(iii) one complete set of the user manuals normally included by the Contractor or the OEM with each printer in the Authorized User's Official Language of choice (or bilingual). If the Offeror fails to provide user manuals in the language of the Authorized User's choice, the Offeror must exchange the user manuals for copies in the other language at no cost to Canada. Manuals may be supplied on CD or be downloadable from a website if either of these options is acceptable to the Authorized User; and

(iv) any software required for the printer to function in accordance with the Technical Specifications in Annex A (the "Licensed Software"). The Licensed Software must be the current release and, unless otherwise specified, require no further research or development to meet the Technical Specifications and the Product Details. The Licensed Software must be supported by, and fully compatible with the Product(s) up to the limit of the Product's expansion capability. All printer software must be completely integrated with and fully interfaced to the Product. This Contract grants to Canada the perpetual right (i.e., the license to use the Licensed Software is not a "demo" model and does not expire) to install, copy, deploy and use the Licensed Software with the Product(s) in accordance with the terms of this Contract (which does not include any terms or conditions contained in a shrink-wrap license).

(d) Delivery Date: Unless otherwise specified in the Call-up or the Authorized User has agreed in writing to other arrangements, delivery of all Products must be made within the following period (the "Delivery Date"):

(i) 15 calendar days for orders of fewer than 20 printers; or

(ii) 20 calendar days for orders of 20 or more printers.

The Contractor must advise the Authorized User of its best delivery date after receipt of the Call-up (which date must be no later than the Delivery Date). If the required number of Products exceeds or threatens to exceed the Contractor's ability to supply by the Delivery Date, the Contractor must immediately advise the Contracting Authority and the Authorized User. The Contracting Authority will have the option of terminating the Call-up for default, extending the delivery date, or of accepting late delivery. Deliveries received after the Delivery Date will be subject to the discounts described in the Article entitled "Discounts for Late Deliveries and Reimbursement of Reprocurement Costs".

(e) Products to be New, Off-the-Shelf, and Current: The Products must be new and unused (however, some parts used in the manufacture of the Product may be refurbished, if they are certified as equal quality to new and unused parts); "off-the-shelf" (composed of standard equipment requiring no further research or development); of current manufacture (still in production by the OEM); and conform to the current issue of the applicable specification and/or part number of the OEM.

(f) Packaging, Shipping and Delivery: All deliveries to be made in Canada are FOB Destination. Packaging and shipping must be in accordance with the industry standard for all items in order to ensure their safe arrival at destination. Packing slips must accompany each shipment. The Contractor is responsible for the safe delivery and installation (if required by the Call-up) and for obtaining acceptance of the Products at destination. The cost of delivery, including all transportation, packaging and shipping costs, is included in the unit price(s). Costs associated with replacement of Products damaged in transit to the final destination are the Contractor's responsibility, and the Products will not be considered delivered on the Delivery Date unless the Products are undamaged and ready for acceptance.

(g) Configuration Before Delivery: All Products must be configured in accordance with the Technical Specifications in Annex A and the Product Details, unless the Call-up specifically provides otherwise. The Contractor must configure the Products, including installation of internal options such as memory or connectivity cards, as detailed in any Call-up, before shipment of the Product(s) to the destination. The configuration of the Products is included in the unit price.

(h) Installation upon Request: On-site installation must be available for all Products to be delivered within a radius of 100 km of any city or town with a population of at least 30,000 (except CLCA areas). The Contractor must install the Products if installation is requested in the Call-up. On-site installation includes Product set-up at the installation site and ensuring that the Products are functioning in accordance with the Technical Specifications and the Product Details. The Contractor is responsible for maintaining all work areas at the installation site(s) in a clean and tidy condition on completion of each day of work and on completion of acceptance, including the removal and disposal of all related packing material in accordance with industry standards and the Environmental Requirements set out in Annex B. The installation of the Product is subject to the firm installation price set out in the Best Value Grid on the date of the Call-up.

(i) Environmental Requirements: The Contractor agrees to comply with all the Environmental Requirements described in Annex B.

(j) Additional User Manuals: The Contractor agrees to supply additional user manuals at the price set out in the Best Value Grid on the date of the Call-up.

(k) One-Time Use/Returnable Cartridges: One-Time Use/Returnable cartridges are defined as those prescribing additional terms and conditions or licensing agreements that imply Canada will not be buying the cartridges per se, only the use of them. Any terms and conditions or licensing agreements accompanying or on the cartridge itself will not be acknowledged by Canada or passed on through the Call-up document.

(l) Definitions: Under this Contract, the following terms have the following meanings:

(i) "Authorized User" means the Canadian Government Department, Departmental Corporation or Agency, as identified in Schedules I, I.1, II, III, IV or V of the Financial Administration Act (as amended from time to time), or such other party for which the Department of Public Works and Government Services has been authorized to act from time to time pursuant to section 16 of the Department of Public Works and Government Services Act that has been identified as the ultimate recipient of the Products in the Call-up.

(ii)"Best Value Grid" refers to the list of approved NMSO offered printers for each Offeror, along with approved imaging consumables and Optional Items, which can be found on the IPMG website.

(iii)"Call-up" refers to any order issued in accordance with the provisions of the Standing Offer.

(iv) "IPMG website" means the Imaging Products Management Group (IPMG) website, within the Desktop and Network Printers section of the following website: http://www.pwgsc.gc.ca/ipmg/

(v) "Product Details" means all the technical specifications and functionalities described by the Contractor in the Product Details it pages it submitted to PWGSC in connection with the Products;

(vi) Any other capitalized terms not defined in this Contract have the meaning given to them in the Standing Offer or the General Conditions or Supplemental Conditions incorporated into this Contract by reference.