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HomeMy WebLinkAbout324575 SAFEWARE - PURCHASE ORDER - 7702056u City of Fort Collins Page Number: 1 City of Fort Collins Date: 03/26/07 Purchase Order Number: 7702056 uenvery uate: 03/26/07 Buyer: BONNETTE, ED Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: PER QUOTE DATED 2/9/07. PLEASE SHIP TO ATTN: GREG STARLIN; CONTACT #(970)221-6900. Line Qty/Units Description Extended Price 1 1 LOT 2,550.00 tea-msa orlon gas detector @ $1,275.00/EA = $2,550.00 o2, lei, co, h2s with built in pump, rechargable battary and charger, rubber protective boot and sampling hose with probe. 2 1 EACH 895.00 galaxy calibration station 3 1 EACH 250.00 calibration gas, 58 liter bottle with cylinder holder 4 1 EACH 100.00 cylinder holder (to station) 5 1 EACH 250.00 demand flow regulator,58 liter 6 1 LOT 400.00- 2ea-trade in Total $3,645.00 �7 City of Fort C911fliny Director of Purchasing and Risk Management This order is alid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Fort Collins, CO 80522-0580 rehase Order Terms and Condition 1. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate Ira: City of Fort Collins Accounting Division P.O. Box 580 Fort Collins, CO 80522 Tax exemptions. By statute the City of Fort Collins is exempt hour state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of in instructions from the City of Fort Collins. Inspection. GOODS an: subject m the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, smices or equipment in response to this order can result in authorized payment m the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.R., City of Fort Collins, 700 Wood Sr, Fret Collins, CO 80522, unless otherwise specified on this Order. If permission is given to prepay freight and charge separately, the Original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure in sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulation, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly conslimted public authority having jurisdiction over the will of vendor. Seller further agrees to hold the City of Fon Collins harmless from and against all liability and loss incurred by them by tenon of an asserted or established violation of any such laws, regulations. ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yOu cannot make complete shipment to arive on your promised delivery date a hired. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event orally delay. the Purchaser shall have, in addition to Other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable fur damage. However, the Seller shall not be liable for damages w a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, Flood, epidemics, wars or rids provided that notice of the conditions causing such delay is given to the Purchase within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this orderwill conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standinds for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage Or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella' shall replace, repair Or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be Prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase Order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the [eats, other than legal terns, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or' written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may a any time by written change order, terminate this agreement as to any or all portions of the goods than not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits nn the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any tribal obligations as; to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the charge or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants thin all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Sella' shall execute and deliver such documents as maybe required to effector evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a resuh of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfers car convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10 TITLE The Seller warrants full, clear and all title to the Purchaser for all equipment, materials, and items furnished in peiicroance of this agreement, Gee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others_ II. NONWAIVER. Fail ore of the Purchaser to insist upon strict performance of the terns and conditions hereof, fntime or delay to exercise any rights tar remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment his goods hereunder or approval of the design, shall not release the Seller of any of the warranties m obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict ponotimance he, or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall ;my purported oral modification or rescission of this purchase or by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or smices purchased or acquired by the Purchaser pursuant to this purchase miler. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchase directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work in be performed by the mast expeditious means available to it. and the Seller shall pay all costs associated with such ,or The Seller shall release the Pumhaser mod its contractors of anv tier from all liability and claims of mry nature resulting from the performunce of such work This release shall apply even in the event of fault of negligence of the patty relessed and shall extend to the directurs, officers and employees of such party. The Seller's contractual obligations, including warranty. shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trndemnrk a' copyright.the Seller shall indemnify and save harmless the Purchaser from any and ell claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Producer for any cost, expense or damage which it may be obliged to pay by reason of such infiingenient at any time during the prosecution or after the completion of the work. In case said equipment or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchaser the right m continue using said equipment or pans, replace the same with substantinily equal but non -infringing equipment or modify it so it becomes non -infringing. 15.INSOLVFNCY. If the Selkr stall become insolvent Or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers properly or business, this order may forthwith be canceled by the Purchaser without I'lla ly 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representutive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's Own expense and to the satisfaction of the Purchase. When materials and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 19 INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state ire which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lent $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such Geri ficates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until cites the entire work is completed and accepted_ 19. PROTECTION AGAINST ACC'I DENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any :nd all damage, loss or injury of any kind ,it nature whosoever to persons Or property caused by or resulting fiom the execution of the work provided Ibr' in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Pnrchners officers, agents and employees from and against any and all claims, losses, damages, charges ,it expenses. whether direct or indis ect. and whether to persons or property to which the Purchaser may be put or subject by reason oFmy act, action, neglect, omission or default on the pan of the Seller. any of his contractors, or any of the Sel leis or conoudors officers, agents or employees- In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any mid all judgments that maybe incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, mid in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or a a result of such suits or other proceedings, the Seller will it once cause the same to be dissolved and discharged by giving bond or othewise. The Seller and his contractors shall take all safely precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 1110