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Supplier's Terms Prevailed Over Owner's Contract Bids; Suppliers

Monday, December 02, 2002 11:42 am

Supplier's Terms Prevailed Over Owner's Contract Bids; Suppliers

A New York court has ruled that when a public project owner incorporated a supplier's bid with attached terms and conditions, the supplier's terms prevailed over the owner's contract.

The Niagara County Water District was procuring three new vertical turbine pumps to be installed as part of an expansion plan. The District's consulting engineer, R & D Engineering, P.C., prepared a detailed set of specifications which included vibration limitations and several warranty requirements. The specifications were incorporated into a bid solicitation.

Goulds Pumps, Inc. s [...]

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