The using agency is responsible for inspecting and accepting or rejecting deliveries. The using agency shall determine whether the quantity is as specified in the purchase order or contract and whether the quality conforms to the specifications referred to or included in the purchase order or contract. If inspection reveals that the delivery does not conform to the quantity or quality specified in the purchase order or contract, the using agency shall immediately notify the central purchasing office. The central purchasing office shall notify the vendor that the delivery has been rejected and shall order the vendor to promptly make a satisfactory replacement or supplementary delivery. In case the vendor fails to comply, the central purchasing office shall have no obligation to pay for the nonconforming items of tangible personal property. If the delivery does conform to the quantity and quality specified in the purchase order or contract, the using agency shall certify to the central purchasing office that delivery has been completed and is satisfactory. History: Laws 1984, ch. 65, § 130. Tangible personal property must be delivered in order to meet the "receipt" requirement for delivery of goods. — To the extent the tangible personal property is not subject to an exclusion from the prepayment prohibition, goods must be, as a general matter, delivered on site and received by the agency to constitute "receipt" for purposes of 13-1-158(A) NMSA 1978, and therefore the plain language of the statute would preclude a contract term allowing goods to be stored by the vendor. If the goods remained in the vendor's possession, it would be impractical for the agency to make the inspection required by 13-1-157 NMSA 1978. 2024 Op. Ethics Comm'n No. 2024-04.
‹ Prev All New Mexico sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.