Loading...
HomeMy WebLinkAbout264779 FLAIR DATA - PURCHASE ORDER - 2206813Date: 01/14/03 City of Fort Collins Page Nu 1 City of Fort Collins Purchase Order Number: 2206813 Delivery Date: 09/24/02 Buyer: BONNETTE, ED Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: PRICING PER CISCO STATE CONTRACT 20516YYY08P. Line Qty/Units Description Extended Price 6 1 LOT ADDENDUM TO PO #2206813 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $2000 unless signed by James B. O'Neill 11, CPPO, FNIGP City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522.0580 Phone: 970-22"776 Fax: 970-221-6707 Email: info&l.fortcollins.co.us 4.39 Total 4.39 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order T s and Conditions 1. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to City of Fan Collins Accounting Division PC. Box 580 Foes Collins. CO 80522 Tax exernpeas, By sarm the City of Fos Collins is caanpt from state and local saes. Our Exemption Number is 98-04502. Federal Excise Tax Exemptim Catificate of Registry 84-6000587 is registeredwith the Collector of Immal Revenue, Dsvm, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Cords Rejected. GOODS REJECTED due in failure to men specifications, either when shipped or due to defects of damage in trawl ins, be retuned to you for reedit and are rim to be replaced caca%upon wompr of with. manicures from the City of Fort Collins. Inspection. GOODS am subject to the City of Pat Collin inspection an dived Final Acceptance. Receipt of the merchandise, sevues or equilmrent in response to this order can result in Mmorimd payment on the pat of the City of Fos Collin. However, it is to W understood that FINAL ACCEPTANCE is dependent Won comphmma of all applicable required inspection procedures. Freight Tenn. Shipments must be F.O.B., City of Fort Collins, 7W Wood St, Fort Collins, CO 80522, unless otherwise specified m this order. If p=nimim is given m prepay freight and chaseepr sttely, the original freight bill must accompany, invoice. Additional charges for pecking will not be incepted. Shipment Diamna. Where manufechwas have distributing From in various ports of the country, shipment is expected from the unrest disMbutim point to destintion, and exam fcipt will be deducted from Invoice when shipments are made how greats distance. Perris. Sella shall pours, a sellers mole cost all necessary permits, certificates and licence required by all applicable laws, regulations, ordinmm Mdtlm of the more, municipality, territory, or political subdivisim where the wod, is performed, a required by my other day mnuotedpublic authority Mvingjurbiliction overthe work of vendor. Sella fuller agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by than by reason of a asnmoi or established violation of any such laws, regulations, ordinances, moos and requirement. Aumoimuon. All patio to this mntrint agree met the mpresemuves are, in fact, bona fide and possess full and nomplem authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the now and mando m sated herein set forth and my am plmnentary or additional term and conditions mumm! harem or imopmetd herein by referam. Any additional or different term and conditions proposed by seller me objected to end hereby related. 2. DELIVERY. PLEASE ADVISE PURCHASINGAGENT invndimely if you Mount make compose shipment to Move on yam prormsed delivery data a noted Time is of the assume. Delivery and performance most be effected within the time sated an the purchase order and the documents attached herein. No acts of the Purchases including, without limitntim, acceptance of partial late deliveries, shall operate as a waiver of this provision. In me event of any delay, die Foresee shall have, in addition to show legal and equitable worm dia, the option ofpscin, dus Order elsewhere and holding die Sella liable for damages. However, the Sella shall not be liable for darnages an a result of delays due m wastes not rams mbly fomesble whichare beyond in sasonable control and witimt is feat of negligence, such acts aGod, aw of civil or military anhafties, governmental priorities, firm, strikes, flood, epidemia, was orrids provided thatnotice of she condivas causing such delay is given to me Puchasa within five (5) days ofthe time when the Sella first received knowledge thereof. m the event of My such delay, the date of delivery shall be extended f e the paid equal to the time actually ion by reason of the delay. 3. WARRANTY. The Sells woman that all goods, articles, materials and work covered by this Order will conform win applicable dmwingm, ep cifiations, ample and/or emu desedptims given, will be fit for the purpose mended, and performed with din highest degree of care and competence in accordance with accepted standards fa wok of a similar nature. The Sella agree to hold the puchreer hamlet fmm MY toe, damage or expense which the Patch. may mffor or incur on account of the Seller brtarh of wmtavty. The Sella shall replace, repair or make good wimmt cat to die purchaser, my defects or faults arising within one (1) year or within such larger period of time as may be pressibed by law orby me tram affinity applicable warranty Provided by me Sells after the date of acceptance of she goods furnished him unds (acceptance not to he nessumbly delayed), resulting f can imperfect or defective work done or materials Entombed by the Sella. Acceptance or use of goods by the Purchaser shall not consfitum a waiver of my claim under this warranty. Except an otherwise provided in this purchase order, the Seller liability herem err shall extend to all damages proximately caused by the breneh of my of the foregoing wammties or guaonkes, but such liability shag in no event include less ofpmfits or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make chmges u Iegal term by wimm cheap Order, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser my make any changes to the terns, other thin legal was, including addition to or deletion from the quantities originally ordered in the Specifications a drawings, by verbal or written change ord. If my such change efforts the smomt due or the time of perfotmnu hae=der, an equitable edjusnent shall be made. 6. TERMINATIONS. The Purchae, my m my lime by wriuen change order, terminate this agreement W m MY or all portions of the goods than nor shipped, subject to my equitable adjusmss between the pauia as to my work or materials than in progress provided that the Purchaser shall nor be liable for my claim for anticipated profits on the =completed pmti=ofthe goods and/or Wae, for incidental a consequenrial manage, and am no such adjustment be made in favo offs a Sella with respect to my goads which se the Sellers standard suck. No such temrinstion shall relieve the Pumbacer or the Sells of my of their obligations as, to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days man the date the charge or worritati= is odemed 8. COMPLIANCE WITH LAW. The Sella wamans ram all goods said hereund shall have been produced mold, delivered and furnished in strict compliance wit all applicable laws and regulations m which the goods we subject. The Sella shall exams and deliver such decumem as my be required to effect or evidence compliance. All laws and regulations required to be incorporated in specimens of this arminter are hereby incoporated herein by this reference. The Sella we. to indecently and hold the Purchaser hamam from all costs and damages suffered by the Purchase, as a at of the Seller failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, trauma, or convey this order, a my mmice due or to harem due hereunder without the prier written coment ofthe other Party. 10. TITLE, The Sella warrants full, class and umestrictdi bile to the Puromwer fa all equipant tnmaids, and dare fumclusi in Performance of this agreement free and clear of my end all liens, restrictions, reservation, security interest encumbrances and claims of others. I L NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms end condition hamf, failue a delay to exercise any rights or remedies provided herein or by law, failure m promptly notify the Sella in the event of a mic h, the accepmnce of or payment for goods hereunder or approval of the design shall not releae the Sella of My of the waasndes or obligation of this purchase orda and shall not be deemed a waiver of any right of the purchaser to insist upon strict Performance hereof or any of its rights or remedies as to my such goods, regardless of when shipped received or accepted, as to My prior Ormleme sent default heraader, nor mall my p rpwted oral modification a rescission of this Was., mda by the Purchase oP ante me a waiver of my of the tarty ha=f 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognise that in actual economic prime, O,aaw a resulting from en ormat viaauon Me, m fern boom by the Pmchwa Thaetofae, for good were and an cansldwtiw for mail" this purchase ads. the Sella hereby Maps in the Purchaser any and all claim it may now have aherea es, acquired under federal a state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchase pursuant to this purchase ada. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming or defative goods by a date to be spend upon by the Purchaser and the Sella, and the Sella thermoset indicates its inability a nwilluspas to comply, the Purchaser rosy cause the work to Ism perfumed by the row, c.psdidon trims available to it and the Seller shell pay all casts asmciated with such work. The Sella shall rcleme the Purchaser and in contractors of my its from all liability and claim of my more resulting from me performance of such work. This release shell apply eva in the event of fault ofnegRgence ofthe party missed and shall casual to the direcmrs, affces and employees of amb pray. The Sellers communal obligations, including Maturity, shall not be darned m be reduced, in My wmY, because such work I. perfumed or ceased to be performed by the Purchases. 14. PATENTS. Whenever me Sella is required to use any design. device, matenal or process covered by latter. patent trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from my and all claim fa intHngem=t by reason of the use of such patented design, device, material or process in contraction with the connect and shall indemnify me Purchaser for my cat, expense or damage which it may be obliged to Pay by anon of such infringement a my time during the praecueon or after the completion of the work. In cave said equipment a my pan thereof or the intended use of the goods, is in such suit held to conatitue insingsamnt and she we of amid equipment or pan is enjoined, me Seller shall, at its own capes, and at is option, either procure for the Purchmer the right to continue wing said equipment or pens, replan, the same with substantially Wu it but am -infringing egaPnomt or modify it so it become non -infringing. 15. INSOLVENCY. If she Seller shall become insolvent a bankrupt make an assignment fa the benefit of ewiilon, appoint a receiver or umstee for my of the Sellers property or bainas, this order may foMwim be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of tram used or the interpretation of the agreement and the rights of all ponies hereunder shall be construed under and governed by the laws of the Stare of Colorado, USA. The following Additional Conditions apply mly in asset where the Sella is in perform work hertunds, including Inc services of Seller Repmsteavas), on the penises of share. 19. SELLERS RESPONSIBILITY. The Sella shall wry on said work a Seller's own risk until the one is fully completed and accepted and shall, in came of my incident destruction or injury to the work and/or materials before Sellers final completion and mcepance, complete the work at Sellers own expense and to the satisfactim of the Purchases Whm materials and equipment son fomished by omen for imtallsuon a=aim by the Sella, the Sella shall receive, unlnd, mare end handle emne a the site and became responsible merefor m though much matsials and/or equipment was being fomished by me Sella under the order. 18. INSURANCE. The Sella shall, a his own expense, provide for me payment of workers compenation, including a<upstionel disease btcfits, to its employer employed an m in coonauon with the wads covered by this patches, order, an&a to their depends in amendow. with the laws of the mate in which the work is to be dune. The Sella mall also carry comprehensive general liability including, but not limited m, contractual and automobile public liability insurance with bodily injury and deem liabe of a least 53m,o00 far my we person, 5500,000 for my one accident and property damage limit per accident of S4o0,000. The Sella shall likewise require his contlaaae, if my, in provide for such compauation and insurance. Before My of the Sell. or his Mntwtae employer And de my work upon the premises of others, the Sella shall furnish the Purchaer with a muficare thin such conrp=eatim and insurance have been provid. Such ccnificeta shall specify the dery when such components. and I.. have been pmvided. Such cmificam shall specify use dare when such cao,came its and iwuma expires. The Sella agrees the such compensation and insurance shall be maintained until after the =fire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sells hereby sauna me more responsibility and liability for my and all damage, IMs a injury of my kind or nature whir aver to persons or property Osumi by Or resulting from the esaudm ofthc work provided for in this purchase orda or in connection herewith. The Sella will indemnify and hold harmless she Purchaser and My or all of the Pechmer officers, mgens and employees from and Me=mY and all claim Items, diona me, charges or expenses, wbemes direct Or indirect, and whether to Forms or property to which the Purchaser may be put a subject by reason ofmy ass, action, neglect, omimim or default on the pan of the Sella, my of his cantecton, or my ofm Sellers or contractors officer, upon or mploym. In case my suit or star procallings shill be brought sumot the Poehaer, or in officers, agents or employees a my time on account or by rem= of my rat motion, neglect omission Or default of the Sella of my ofhis contractors a my of is a their officer, agens or employer as aforesaid, the Sella hereby ogres to resume me dame thereof and to defend the same at me Seller own expense, to pay My and all man, charges, a muceys fors and Other expense, my and all judgments mat my, be incurred by or obtained against the Foramen a my of In a their offers, agars or eraildes m In such cam or Oda proceedings, and in come judgment or other lied he placed upon or obtained against the property of the Pachuca, or amid panda in or me a mutt of much this or other P—Milingm, the Sella will at ma Mile the son m he dissolved are dischmgN by giving bold or otherwise. The Sella and his contracua shall take all safety pommom, furnish and instill all gumods necessary, for she prev=tim of accidents, comply with all law and regulations with regard to safety including, but without limitation, the Oompalonal Safety and Hanish Act of 1970 and all mles and regulations issued pursuant thmem. Revisal I IN