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HomeMy WebLinkAbout129489 SUN LIFE OF CANADA - PURCHASE ORDER - 3300005 (2)Date: 11/20/03 g g, City of Fort Collins Page Number: 1 City of Fort Collins Purchase Order Number: 3300005 Delivery Date: 12/31/03 Buyer: O'NEILL,JA,MtS Purchase Order number must appear on invoices, packing lists, labels, bills of lading, andall correspondence. Note: 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 SERVIC Line Qty/Units Descyiption �� Extended Price 2 1LOT 44,000.00 TO PO# 3300005 Per Req# 17996 for additional 2003 expenses. Total $44,000.00 This order is alid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970-221.6775 Fax: 970-221.6707 Email: info@ci.fortcollins.co.us Fort Collins, CO 80522-0580 r Terms and Condition 1. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to. City of Fort Collins Accounting Division P.O. arm 580 Fort Collins, CO 80522 The examp or s. By statute the City of FortCullias is exempt from state and local taxes. Ow Exemption Number is 98A4502. Fdsal Excise Tax Exarmfim Certificate of Registry S4-600058] is registered with the Collector of Internal Be.., Denver, Colorado (Ref Calendar Revised Statutes 1973, Chapter 39-26, 114 Ed Grids Rejentd. GOODS REJECTED due an failure to and spedifamona, ithan when shipped or due to defects of damage in truuit, may be retuned to you for credit and are not to be replaced except upon rcceip of women retroaction from the City of Pon Collins. Inspection. GOODS are subject to the City of FM Collins inspenim on arrival. Fired Acceptance. Recap ofthe mvchmdice, savica or equipment in nations, to this ceder can result in amhaixd payment an the part of the City of Fort Collim. However, it is to be understood that FINAL ACCEPTANCE is dependent upon canpletion of all applicable required inspection procedures. Freight Tams. Shipments most be F.0.6., City of Fort Collins, 700 Wood St, Fat Collins, CO 80522, unless otherwise specified on this ceder. Ifpamissiort is given to prepay freight and charge sepaufely, the original freight bill man accompany invoice. Additional changes for packing will not he accepted. Shipment Distance. Where manufaeumrs have distributing points in various parts of the county, shipment is exp ed from the unrest distribution point to destination, and excess freight will be deducted @arm Invoice when shipments are made from greater distance. Permit. Seller shall procure in sellers sole cost all necessary pemiss, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by my otha duly anstimtd public maturity having] niandion over the work of vendor. Sella forma agrees to hold the City of Fort Collins hamlets fi am and maims all liability and lass incurred by them by reason of ed asserted or established violation of my such laws, regulations, indicators , rules and requirements. Authassfien. All parties to this contract agree mat the representative we, in fact, bona fide and posses, full and complete authority to bind said pare. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the terms and conditions soared herein set forth and my supplementary or additional terra and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions Panama] by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move m your promised delivery throw noted Time is of the essence. Delivery and purfmnance must be effected within the time scud on me purchase order and the document mooched hereto. No is of the Purchases including, without limimtion, accepaoce of partial late deliveries, shall operate m awaiver of this provision. In the event of my delay, the Purchaser shall have, b addition m other legal and quiable randfirs, the option of placing this ender elsewhere and holding the Sella liable an damages. However, the Sella shall non be liable for damages m a result of delays due m tames not reasonably fomemble which are beyond is resemble control and without its fault of negligence, such acts of God, aces of civil in military authorities, governmental Fri mities, fires, strikes, flood, elucidates, wars or rids provided mat nonce of the condidom causing such delay is given to the Purchase within five (5) days of me time when me Sella find raeivd knowledge thereof In the event of my such delay, the date of delivery shall be em ndd an the period equal to the time modally lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, spemficstims, emrpla anNor other heaiptions given, will be fit for to proposes intmded, and performed with the higbat degree of rare and computed, in accordance with accepted standards for work of a similar nature. The Sella We. to held me purchaser harroaa from my loss, damage or expense which me Pardoner may suffa acmmt of me Shcm breach of wmmty. The Sella shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within me (1) year or within such longer peril of time has may be pescribed by law or by the tame of my applicable warranty Provided by the Seller after the date of acceptince of the goods famished heremd. (mcepmce not te, be unreasonably delayed), resulting from imparfrn or defective famished work done d materials by the Sellade . Acceptance or ma ofgmby theurcher Pmshall not commte ua wW,. of any claim coda this warmty. Except as otherwise provided in this purchase coda, me Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include tom of profits or loss refuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4 CHANGES INLEGAL TERMS. The Pmchasa may make changes to legal teas by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Puchmer may make my changes to me tome, other than legal tams, including aWifiom to or ddeftens from me quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affab me amount due or the time of performance hereunder, an equitable adjustment shall b made. 6 TERMINATIONS. The Purchaser may at my time by written change order, teminate this agreement as, to my or all potions of the goods men not shipped, subject to my equitable adjustment between the pmia as to ary work or material, then in pmgrtgs Provided mat the Purchmer shall nor be liable fa my claims for anticimted profiu an the uncompleted pmtion of the goads and/or work fa incidental or cowequential damages, and the ..such adjustment be made in favor of the Sella with respect to my goods which are the Sellers standard mock. No such termination shall relieve the Purchasa or me Sella of any of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asrened within thirty (30) days from the dime me change in termination is ordered. 8. COMPLIANCE WITH LAW. The Sella wmmts flue all goods sold hereunder shall have been produced, sold delivered and bummed in strim compliance with all applicable laws and regulation to which the goods are subject The Seller shall execute and deliver such documents as may be required in effect or evidence compliance. All laws and regulation required to be incapamed in agreements admit demand, and, are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser from all toss and damages suffered by the Pmchma as a result of the Sellers failure to comply with suchh law law. 9. ASSIGNMENT. Neither party shall map, transfer, or covey this order, or my monies due Or to become due hereunder without the prim written moment of the omen party. 10. TITLE The Sella words full, clear and unrestricted tide to the Purchaser for all guipnent, rnannials, and items famished in performance of this agreement. free and clear of any and all liras, reetrictioru, reservations, security imerat encumbrances and claims of others. IL NONWAIVER. Failure of the Purchaser in insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein ce by law, failure to promptly notify the Sella in the event of a breach, the acceptance of or payment for goods hadanda or approval of me design, shall not release the Sella of any of the warmntie or obligations of this purchase orda and shall not be deemed a waiver of any right of the purchaser an insist upon strict part... hereof or any of its rights or remedies as to my such goods, regardless of when shipped, received or accepted, as in my poor or subsequent default hereunder, nor shall my purported mat modification or rescission of this purchase order by the Purchaser operate an a waiver of my of the more hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchase recagniee that in actual economic Interim, overcharges resulting from antitrust violations .in fact arms by the Purchaser. Thercmfone, for good cause and as comidemtinn fen executing this machine add, the Shca hereby routing m the Purchase my and all claims it may now have or Ingather acquired under fcdaal Or state antitrust laws for such overcharges relating to the particular goods or service purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purebred directs the Sella to comet nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Parchaza may cause me work to be performed by the most expeditious means available to it, and the Sella shall pay all Ones assmiated with such work. The Seller shall release the Purchaser and its contractors of any tia from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of foot of negligence of me party, atemed and shall extend to the directors, effects and employees of such party. The Seller's command obligations, including warranty, shall rim be deemed to be, reduced, in my way, bcess se such work is performed or caused to be performed by the Purchase. 14. PATENTS. Whenever the Sella is required to me my design, device, material cn process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless me Purchaser from my and all claims for infringement by reason of the use of such patented design, device, normal or process in connection with the connect, and shall indemnify the Purcbasa for my cost, expense or damage which it may m obliged to pay by remon of such infringement he my time during the prosecution or after the completion of the work. In case said equipmed, or my part thereof air the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment a pan is doomd me Seller shall, a is own expense and at its option, either procure for me Pardoner the right to continue using said equipment or parrs, replace me same with substantially and but non -infringing equipment, or modify it so it becomes non-inMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for me benefit of creditors, appoint a receiver or tostee far my of the Sella, property a husiness, this orda may forthwith be canceled by the Punches. without liability. id. GOVERNING LAW. The definitions of toms rid a 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 Sella is to perform work hermnda, including the eau ices of Sellers Repesmmdvoo), on the premises of Others- ❑. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Salida, own risk until the same is fully comple[d and accepted, and shall, in Case of my accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, complac the work a Seller's own expense and to me satisfaction of the Purchase When materials and embernent are furnished by others for installation or emend by the Seller, the Seller shall receive, timed, arm and handle snore a the site and become responsible therefor as though such materials and/or equipment were being famished by the Sella under the order. 19. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupazi nal disease benefits, to its employees employed on or in connection with the work coved by this purchase order, and/or to their dependens in accordance with an, laws of the state in which me work is to be done. The Seller shall also tarty comprehensive glared liability including, but non limited to, connucmal and automobile Public liability insurance with bodily injury and death limits of a lean $300,000 for my me person, $500,m00 for my one occident and popmy damage limit per accident of $40Qodd. The Sella shall likewise astute his contractors, if my, to provide for such compeneation and insurance. Before any of the Sellers or his conductors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a cenifiete that such compensation and insurance have been provide. Such certificates shall specify the date when such compensation and insurance have been provide. Such emificate shall specify the date when such mmpmsmion and insurance expires. The Seller agrees thin such compensation and insurance shall be maintained until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire resporsihility and liability for my and all damage, less or injury of my kind or nature whatsceva to pasons or property caused by or resulting from the execution of the weak provided for in this purchase order or in connection herewith. The Sella will indemnify and bold harmless the Pardoner and my or all of the Purchmer offims, agents and employees from and against my and all claims, Iona, damages, charges or expenses, whether direct or indirect, and whether to persons or Property to which the Purchases may be put a� subject by reason of my act, action, neglect omission or default an the pan of me Sella, my of his conviction, or my of the Seller or contrtetan offcas, agents or and Ao,mea In case my suit or other proceedings shall be bought against the Purchases or its officer, agents or employees at my time on mwunt or by remon of my rat action, neglect, omission a default of the Sella of my of his contractors a my of is or their of ices, agents or employee as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the mine at the Seller own expense, to pay my and all costs, charge, attorneys fees and other expenses, my and all judgments that may be rowed by or obamed ag.am me Pwcbaser or any of its or their office., agars or employees in such suits or other proceedings, and in raze judgment in other lien In placed upon or obtained against the Property of the Purchaser, or said panic in or as a result of such suits or other proceedings, the Sella will at once muse the same to be dissolved and discharged by giving bond or aheswise. The Sella and his connections shall take ell safety macaudos, famish and install all guards necessary fin me prevention of accidents, comply with all laws and regulations with regard m safety including, but without 1lmim ice, the Occupational Safety and Health Act of 1970 and all roe and regulations issued pursuant thereto. Revised 1119