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HomeMy WebLinkAbout111346 IKON - PURCHASE ORDER - 3300408Date: 01/13/03 City of Fort Collins Page Number: 1 of 1 City of Fort Collins Purchase Order Number: 3300408 uenvery uate: icia uvo Buyer: HUME,JAMES Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Line Oty/Units Description Extended Price Maintenance Agreement VCC2B2 for copier serial number MQF01465 & MQF01465B Billing address for maintenance agreement: City of Fort Collins Traffic Operations PO Box 580 Fort Collins, CO 80522 THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. order Is rkdhalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 Phone: 970.221-6776 Fax: 970.221.6707 Email: info@ci.fort-collins.co.us 3,000.00 Total 3,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 1. COMMERCIAL DETAILS. Invoice Address. To emote prompt Payment mail invoices in duplicate to: City of Pat Collins Ammonites, Division P.O. Box 580 Fat Collins, CO 80522 Tax exemptiotu. By ensure the City ofFort Collins is exempt from sate and local axes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revmm, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Good, Rejected. GOODS REJECTED do to failure to rant specifications, either what shipped Or due to defects of damage in tramdt, may be mused to you for credit and are not to be mislead except upon receipt of written inawcdom fran the City of Pat Collins. Imptatme GOODS are subject to the City of Fort Collins inspecion on arrival. Find Acceprnm. Receipt offhe machmdise, saviase or equipmentin resume to this order rn result in authorized payment on the part of the City of Fort Collins. However, it is to be mdaetaod that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tens. Shipments mesa be FOR., B., City of Fat Collins, 700 Wood St., Fort Collins, CO 90522, unless otherwise specified On this order. If permission is give a prepay freight and charge separately, the anginal freight bill mart accompany invoice. Additional charges for packing will not be accepted Shipment Disamc. Where manufactures have discibufing points in various Pena of the country, shipment is expected firm the sourest distribution point to destination, and came freight will be deducted from Invoice when shipments am made from greater distance. Perfect. Sella shall paeure a sells sole once all necessary, pemritg cenificeres and licmea required by all applicable laws, ro lafiaf, adinnees andrules of the state, municipality, territory or polifical subdivision where the work is performed, or required by my other duty comtiatdpublic mocrity havingjumuliaion ovathe work of vendor. Sella further agrees m hold the City of Four Collins hmmlees from and against all liability and loss incurred "an by ream of an asserted or established violation of my such laws, tgulations, ordinances, mles and requirements. Authorization. All penis to this contract agree the the mepcasenatives are, in fact, bona fide and possess full and complete authority m bind said parties. I,IhETATION OF TERMS. This Purchase Ordas expresely limits scceptanc to the refs and condioom staled hemin set forth and my sup ammenary a adhimal trm and conditions anexd hero or incorporated herein by referent. Any eddddonal or different reform and candioorme proposed by sella are objected a and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you manor make complete shipment to hive on your promiad delivery data as mad Time is athe.... Delivery and performance mot be affected within the time maid an the purchase order and the documents attached hero. No acts of the Purchasers including, without bummer, err, acceptance ofpatial lore deliveries, shall Warren as a waiver of this provision. In the event of my delay, the purchaser shall have in addifien a also, legal and equitable remedies, the option ofplming this cedar chewhae and holding the Sella liable for damages. However, the Sella shall nor be liable for damages as a result of delays due m mass not mmonably fomeeable which are, beyond its reasonable control and without its fault ofnegligena, such aces of God, coca of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, were or dots provided dust notice oft conditions musing such delay is given m the Purchaser within five (5) days of the time when the Sella fiat received knowledge thereof In the event of my each delay, the date of delivery shall be amended for the period equal to the time actually lost by rcmm of the delay. 3. WARRANTY. The Sella warona that all goods, smelt, materials need work covered by this order will conform with applicable dnsing,aPaifirsdam,e Mlr and/of door deadptiona give, will be fit for the IxaPmes intended, and Perfomud with the highest degree of care and comgretenm in anoadmc with accepted standards for wok of asked. nature. The Sella ago= to hold the purcbmr, hamJer from my lose, damage a expense which the Pachmer may suffer a incur an mmumt of ft Sellers breach of warranty. The Sella shall replan, repair err make good, without cost to the parchmer, my defects a faults nosing within one (1) Year or within such Imga period of time m may be prescribed by law or by the term of any applicable wranty provided by the Sella afta the date of acceptance of thc goods famished herern is (acceptance oat to be unreasonably delayed), resulting trace imperfect or defective work done or materials fumiand by the Sella. Acceptance of we ofgcds by the Purchaser shall nor constitute a waiver of my clam anis this warrmty. Except as otherwise provided in this purchase order, she Sell. liability hemacia shall named to all damages proximately causd by the breach of any of the foregoing warrnfir or Statement, bur such liability shall in an event include Ices ofpmfits or lass of me. NO INIPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchar may .it. chmga to legal rcmm by wrimam change order. 5. CHANGES IN COMMERCIAL TERMS. The Pachma may make my changes a the toms, other dean legal femme, including additions to or deletion from the quantities originally ordered in the specifications or drawings, by verbal or wntre change order. If my such change affects the mount do of the time ofpsaformenc heremder, an equitable adjuenent shall be nutdc. 6. TERMINATIONS. The Purchma may a my lime by wrio-en change order, terminate this agreement as m nay or all portions of the goods than nor shipped, subject to my equitable numbers t between the parties an to my work a racism then in progress; provided that the Purebma shall rim be liable fa my claims for anticipated profits on the uncompleted potem of the goods and/m work, for inadeutal or consequence! damages, and that no such adjustment be made in favor of the Seller -with respect in my goods which art the Seim standard stock No such lamination shill relieve the Purchaser or the Sella of my of then obligations as to my goods delivered haeund.. T. CLAIMS FOR ADJUSTMENT, A.Y elalm foradjmhnet mot be retied within thirty (30) days from the data she chmge or temmation is adored 8. COMPLIANCE WITH LAW, The Sella warrants the all gods sold hereunder shall have been produced sold, deliv.d and famished do stria compliance with all applicable laws and reguatims in which the goads are subject. The Sella shall exmute and deliver such documents as may be required in affect or evidence compliance. All laws and regulations required to be imoporated in agreements of this announce are hereby incorporated harem by this reference. The Sella Were to indamify and hold the Purchaser bmulese from all cram and damages suffered by the Purchases a a result of the Seller failure m comply with such cow. 9. ASSIGNMENT. Neither petty shall ensign, transfer, Of convey this order, a my monies due or to become do hereunder without the Poor written cement of the other party. 10. TITLE, The Seller worrmts hall, .1. and urnatioted title ache Purchaser far all laipmnens. Tess rials, muddt.s furnished in Performance of this agreement, firm and clear of any and all liens, restrictions, rmavatio m, security interest encumbrances and claim of other. 11. NONWAIVER. Failure of the Parches. m insist upon stria perform. of the rem and condifiam hereof, fell— of del,Y to exercise my rights a remedies Provided herein or by law, failure to Promptly nmdty the Sella do the event of a breech, the mcap.. of or payment for goods hereunder or approve] of the drug., shall am reline the Sella of my of the wamntirs or obliged one of this Purchase ceder and shall not be dared a waives of my right of the purchaser to insist upon strict perfa mence hereof or my of its rights of smsedies as in my such goods, regardless Of when shipped received or accepted, an a my In. or subsequent default hereunder, nor shall my Imported and modification a rescission of this purchase order by the Purchoer oPernte of a waiver of my of the arms harmf, 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in =ud.manic Practice overcharges resulting from mfisfsa Maationa are in fact bane by the Purchase. Thremofote, fin good case and. cwuidontion fa exa:uting this purchase adore the Sala hacby assigns a the Para mer my and all claims it may now have or henceft acquired under federal or state tomont laws for such overcharge raking to the particular goods a services purchased or acquired by the Purchaser pursuant to this purchase coda. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dimom the Sallor to correct nonconforming. defective goods by a data to be agreed upon by the Pummear and the Sella, and the Sella thereetla indicates its imbildty or unwillingness to comply, the Purchaser may cause the work to be prrford by the most expdi6. ream available to it and the Sella shall pay all cam associated with such wok. The Sella shall mleane the Purchase, and its comma con of my ties from all liability rid cI i. of my route resulting from the perfomance of such work. This refine shall apply evm in the event of fachof negligmc oft Perry ormsed and shall extend to the dhnma. offrcere and employees of such parry. The Sellers cmuucaal obligations, including warranty, shall net be domed to be reduced, in my way, became such work is paforned or caused to be performed by the Purchase. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, patent, Mahound, a copyright, the Sella shall indemnify and save harmless the Purcbmer fimn my and all claims fur infringement by rcmm of the use of such patented design, devic, material or process in connection with the contract, and shall indemnify the Purchaser for my con, expense or damage which it rimy be obliged m pay by means of such infringement a my time cluing the pmaecution or at=the completion of the wont In cue said equipment, or my pan thereof or the intended use of the gods, is in such suit held in cmmtimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and a its claim, either precom for the Purrhmer the right to continue using said equipment of pares, rcplac the game with substantially equal but nos -infringing equipmmq or modify it.. it becomes non -infringing. 15, INSOLVENCY. If the Sella shall became inaolvent or bankruM make an assaganent fo the benefit of ereditm, appoint a unclear a manta for my of the Sells property a business, this order may forthwith be canceled by the Purcbmer without liability 16. GOVERNING LAW. The clamitiom of tamsmad or the interpretation of the a moment and the rights of all parties hereunder shall be command under and gov.ed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cures where the Sella is to perform work hereunder, including the services of Sellers Rcposentative(s), on the premiss of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellets awn risk until thc acres is fully completed and accepted, and shall, in cure of my accident, destruction or injury, to the work and/or materials before Sellds final completion and acceptance, complete the wok at Sell.b own exprcse ands the satisfaction of the Purchases. When mateciahs and equpment are famished by oshr tar Installation a erection by elm Sella, the Sella shall romive, mmload, mare and handle roe at thr site and became responsible therefor as, though such materials and/. equdpmmt wear being famished by the Sella under the order. I8, INSURANCE. The Sella shall, at his own expense, Provide for the payment of wokers conquer ion, including occupationd disease bearfrm, to is employees employed ce or in common with the work covered by this Purchase under, smile, to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also many wmprehonsivc general liability including, but rim linmed to, contactual and automobile public liability insurance with bodily injury and death limits of at Iron $300,000 for my me pear, $5M,000 for my ere accident and property damage limit per accident of $4W,000. The Salle shall likewise require his contactor, if my, at provide for such compensation and insurance Before my of the Sellers or his comments employer shall do nay work upon the Premier of cob., the Sella shall formal, the Patch. with a certificate that such compensation and insurance have bee provided. Such certificates shall specify the done when such compensation and insurance have been provided. Such cenificmes shall specify the dare what such exclamation and I... expires. The Sella agrees sho such affirmation and connote shall be communed and after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire reepomibility and liability for my and all damage, Ins a injury of any kind or net=whaucvor to p.om err Property caused by a moulting from the execution ofthe work provided for in this purchase order Of in camccoon he e e th. The Sella will indemnify and hold hamdese elm Purchaser and my or all oftere Pachmmm ni iccros, opens, and ealumn from and egdnst my and all aabm, Ikwes, damages, charges or expenses, whether doat or indirect, and whether to persons or property to which she Purchases maybe Put or subject by mum of my ace, notion, ne lica, omission or default a she pan of the Sella, my of his comtrcems, a my of the Sells a contractors offuras, agents or employee. In man my suit or other Proceedings shall be brought agalmt the Purchaser, or its offices, agents or employee, a my time on accent or by rcmm of my rot, actin neglect, emission or default of the Sella of any of his oantractas of any of its a their offuas, agora of employees on aforesaid, the Sella hereby agrees m tome the dames thereof and to defend the same a the Sells own ..Ms., m pay any and all cents, charges, so m ucye fees and that expenses, my and all judgment, that trey, he incnd by or Obtained against the Purchaser or my of its. their offoca, sigmas a anbinyem in such auks or other proceedings, and in me judgments or other Iim be Placed upon a obtained against the property of the Purchaser, a said Furnace in or m a result of such suits a other procmddnga, the Sella will a me muse the ems m be dissolved and discharged by giving bond or ahecwive. The Sella and his cammmn shall eke all safety precmtlona furnish and insall all go" memory fa the Prevention of aneidenu, comply wimp all laws and regulations wish regard to safety including, bar Witham limhation, the Occupdonal Safety and Health Act of 1970 and all rules and regulators; issued personal thereto. Revised I IN