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Contract Terms and Instructions

800-A3 SHOES, SLIP-ON AND ATHLETIC COURT

Start Date: 03/2014
End Date: 07/2014

SPECIAL INSTRUCTIONS AND CONDITIONS

  1. CONTRACT NO: 800-A3
    SHOES, SLIP-ON AND ATHLETIC COURT
  2. HOW TO ORDER:

    Enter requisition(s) into the TxSmartBuy on-line ordering system. Only purchase orders issued through TxSmartBuy are eligible for contract pricing.

    For State Agencies: PCC A

    NIGP Code(s):
    800-05
    800-40
    800-48

    The Contractor agrees not to ship any materials until issuance of a Purchase Order through TxSmartBuy by the State Agency, Higher Education, or Cooperative member.

  3. TERM OF CONTRACT: March 7, 2014 thru July 31, 2014

    RENEWAL OPTIONS:
    1st Renewal Period: August 1, 2014 thru July 31, 2015
    2nd Renewal Period: August 1, 2015 thru July 31, 2016
    3rd Renewal Period: August 1, 2016 thru July 31, 2017
    4th Renewal Period: August 1, 2017 thru July 31, 2018

  4. EXPEDITED PAYMENT DISCOUNT:
    KAR WING TRADING CO., INC.
    0.5% - 15 Days
    1.0% - 10 Days
  5. DELIVERY DAYS ARO: Reference items in TxSmartBuy

    KAR WING TRADING CO., INC.:
    Normal Delivery: 2-7
    In Stock: 2-7
    Back order: 5-75

    GOLD WATER INDUSTRIES, INC.: 30 Days

  6. DELIVERY DELAYS: If delay is foreseen, Contractor shall give written notice to the Customer and must keep Customer advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the Customer to purchase shoes elsewhere and charge any increased costs, including the cost of re-soliciting, to the Contractor. Failure to pay a damage assessment is cause for Contract cancellation and/or debarment or removal of the Respondent from the State's Centralized Master Bidders List (CMBL).
  7. COMPLIANT PRODUCTS: Providing products or materials which do not meet all specification requirements does not constitute delivery. Delivery does not occur until the Contractor delivers products or materials in full compliance with the specifications to Customer's F.O.B. destination, unless delivery is specifically accepted, in whole or in part, by the Customer. Customer reserves the right to require new delivery or a refund in the event that materials or products not meeting specifications are discovered after payment has been made.
  8. WARRANTY/REPLACEMENT:
    Written notification must be sent to the contractor(s) for shoes found to be defective in manufacturing or materials.

    Warranty does not cover damage caused by abuse, misuse, or improper care by the customer.

    GOLD WATER INDUSTRIES, INC.:

    1. Warranty covers shoes found to be defective in manufacturing or materials.
    2. Customer may request a credit or replacement
    3. Call 310-538-4560 for instructions for the return
    4. Replacement will be processed and delivery will occur within two (2) weeks of the written notification at no additional cost to the customer.

    KAR WING TRADING CO., INC.

    1. Warranty Plan: 100% for Defects in Manufacturing and/or Materials including transportation.
    2. Written Notification must be sent for shoes found to be defective in manufacturing or materials.
      Requests for return may be sent to:
      E-mail: sales@karwing.com
      Fax to: 626-350-0440
      Phone: Warranty Department - 800-538-8331 Ext. 10
    3. Return items must be packed and labeled to the address provided by contractor and include applicable invoice number(s).
    4. UPS call tags will be arranged within 1-3 working days after written notice from the customer.
    5. Customer may request a credit or replacement which will ship in 2-5 days
    6. Returns cannot exceed 12 months after the original receipt date.
  9. RESTOCKING FEE: The Customer may request that a Contractor accept return of merchandise already delivered or that a Contractor cancel an order prior to delivery. If the return is required through no fault of the Contractor, the Contractor may request a reasonable restocking charge. The Customer may pay a restocking charge if the CPA or Customer determines that the charge is justifiable. As a guideline, such charges shall not exceed 10%. There shall be no fees charged for cancellation of an order prior to shipment by the Contractor.
  10. SUBSTITUTIONS: During the Contract term, the Contractor shall not substitute a product or brand unless the Contractor has obtained prior written approval from the CPA Contract Manager in coordination with the Customer. The Contractor must have written confirmation from the CPA Contract Manager of the substitution before making delivery.
  11. CPA CONTRACT MANAGEMENT: For a copy of the contract and/or questions regarding contract management issues, price changes, amendments or other post-award concerns should be directed to:

    TPASS Contract Management Office (TCMO)
    Texas Comptroller of Public Accounts (CPA)
    Fax: (512) 936-0040
    Email:tpass_cmo@cpa.state.tx.us

  12. ADDING NEW PRODUCTS TO THE CONTRACT: Following the contract award, additional products of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. Customers are encouraged to request additional items by contacting the TPASS contract manager.
  13. CONTRACTOR PERFORMANCE: The Comptroller of Public Accounts (CPA) administers a vendor performance program for use by all ordering entities per Texas Government Code, Title 10, Subtitle D, Section 2155.077. The Vendor Performance and Debarment Program relies on the ordering entity's participation in gathering information on vendor performance. Ordering Entities shall report vendor performance on purchases over $25,000 from contracts administered by the commission or any other purchase over $25,000 made through delegated authority granted by CPA (TAC 20.108). Agencies are additionally encouraged to report vendor performance on purchases under $25,000.

    Vendor Performance shall be reported through the CPA Vendor Performance Tracking System. The purpose of the Vendor Performance Tracking System is to:

    • Identify vendors that have exceptional performance.
    • Aid purchasers in making a best value determination based on vendor past performance.
    • Protect the state from vendors with unethical business practices.
    • Provide performance scores in four measurable categories for the CMBL vendors.
    • Track vendor performance for delegated and exempt purchases.
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