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HomeMy WebLinkAbout106459 ANIXTER INC - PURCHASE ORDER - 9957428Date: 12/11 /2009 Page Number: 1 Delivery Date: 12/11/2009 Purchase Order Number: 9957428 Buver: BONNETTE. ED Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: PER QUOTE #30332 DATED 11/18/09 FROM CINDY BROGDON. PLEASE SHIP TO ATTN: RICK JESSER CONTACT #(970)416-2156. n 1� Line Qty UOM Description Unit Price Extended Price 1 4 EA Network Security Camera Housing #304428 2 4 EA Network Security Camera Camera #322639 189.190 756.76 1,234.940 4,939.76 Total $5,696.52 Invoice Address: City of Fort Ili s Director of Purchasing and Risk Management City of Fort Collins This order is valid over $5000 unless signed by James B. O'Neill II, CPPO 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: purchasing@fcgov.com Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt firm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-0000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1073. Chapter 30-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of damage in transit, may be returned to you forcredit and are not to be replaced except upon receipt of written instructions fi oil the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arriva Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized payment on the pact 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 Terns. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St., Poll Collins. CO S0522, unless otherwise specified on this order. If pennission is given to prepay height and charge separately. the original freight bill must accompany invoice. Additional charges for packing will not Ix accepted. Shipment Distance. Whets maw facmrers have distributing Ixtints in various parts of the country. shipment is expected from the nearest distribution point to destination, and excess licight will be deducted front Invoice wlicnshipnxuts arc• made front greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality. territory or political subdivision where the work is performed, or required by any other duly constiuned public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fun Collins harmless from and against all liability and loss incurred by them by reason 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 ale. in fact, bona fide and possess full and complete authority to bind said pan ies. LIMITATION OFTERMS. This Purchase Order expressly linnits acceptance m the terns ;uni conditions stated herein set forth and any supplementary or additional terns and conditions annexed heretoor incotporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. '_. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and pet firnnance must be effected within the linic stated on the purchase order and the documents attached hereto. No acts ofthe Purchasers including. Without limitation, acceptance ofpmtial late deliveries, shall operate as a waiver of this provision. In the event of anydelay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable For damages. However, the Seller shall not be liable lilt damages as it result of belays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fullt ofnegligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser Within five (5) clays ofthe time When the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall beextended 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 order will conform With applicable drawings, specifications, samples and/or other descriptions given, will be fit fir the purposes intended. and perforxd with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the puchaser harmless front any loss, damage or expense Which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller 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 maybeprescribed by law or by the terns of any applicable wananty provided by the Seller alien the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fi*omt imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute ❑ waiver of any claim under this mvananty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe titregoing Wa-anties or guarantees. but such liability shall in no event include loss of profits ur 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 terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents, other than legal terns. including additions to ordeletimts fiontthe quantities originally ordered in the specifications or drawings. by verbal tar 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 at any time by written change order, tenninme this agrcenlent as to any or all portions ofthe goods then 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 on the uncompleted portion of the goods and/or work, for incidental of consequential dattages, and that no such adjustrment bemade 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 of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days Donn the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goodsate subject.'I'he Seller shall execute and deliver such documents as may be required to effect of evidence compliance. NI 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 result of the Sellers failure to comply with such law. If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of Article XX V I I I ofthe Colorado Constitution ("Article XX V I I I" ), then the provisions of -Section 15 of An isle XX V I I I are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is it "contract holder" as defined in Section 2(4.5) of Article XXV III intentionally violates Section 15 or Section 17(2) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold env sole some goverunent contract or public employment with the state of Colorado or any of its political subdivisions, fill- three years, 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this nrdei, or env ponies due or to become duc hereunder without the prior written consent of the other party. I0. 'TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens• restrictions, reservations. security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exncise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any ofthe Wannnties of obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist upon soict performance hereof 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 any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any ofthe terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice. overcharges resulting fionl antitrust violations are in fact borne by the Purchaser. Theretofore. for good cause and as consideration for executing this purchaseorder. the Seller hereby assigns to the Purchaser any and all claims it may now have or Ilereaftei acquired under federal or state antitrust laws tin such overcharges relating to the particular goods m'services purchased or acquired by the Purchaser pursu:nu to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser 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 stay cause the Work to be performed by the most expeditious means available to it. and the Seller shall pay all costs associated with such Work. The Seller shall release the Purchaser and its contractors ofany tier front all liability and claims ofany nature resulting Front the perfitmunce of such work. This release shall apply even in the event of fhult ofltegligence ofthe pate released and shall extend to the directors. officers and employees ofsuch petty. 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 perlirmed by the Purchaser. 14. PATENTS. Whenever the Seller is required io use any design, device, material of process covered by letter, patent trndemmk or copyright, the Seller shall indemnify and save harmless the Purchaser Gout any and all claims for infringement by reason ufthe use ofsuch patented design, device, material ore process in connection with the conmact, and shall indemnify the Purchaser for any cost, expense or damage which it rimy be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment or any pun thereafer the intended use of the goods. is in such suit held to constitute infringement and the use of said equipment or prat is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts. replace the same with substantially equal but nun-inGinging equipment, or nodify it so it beconxs non-inf}inging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment fir the benefit ofcreditors, appoint a receiveror trustee lit any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liabilit. 16. GOVERNING LAW. The definitions of terns used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado. USA. The hollowing Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Repiesentative(s). on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall canyon said work at Seller's own risk until the sari is fully completed and accepted. and shall. incase of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, onaplcte the work m Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc Furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible thei efir as though such materials and/or equipment were axing furnished by the Seller under the order. - 18. INSURANCE - The Seller shall. m his own expense, provide fit the payment of workers compensation, inchudingoccupational 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 slate in which the work is to be done. The Seller shall also carry conmprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 fit 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 comipenstnion and insurance. Befi re any ofthe Sellers or his contractors employees shall do any work upon the premises of others. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date When soh compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that 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 responsibility and liability for a y and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting final the execution ofthe work provided fur in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or allot' the Purchasers officers, agents and employees front and against any and all claims, losses, damages, charges tit - expenses, whether direct of indirect, and whether to persons of property m Which the Purchaser maybe put of subject by reason of any nct. action. neglect, omission or default on the pill ofthe Seller, any of his contractors, or any ofthe Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, art its officers, agents or employees at any tittle on account or by reason of any act, action, neglect omission of 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 and alljudgntents that may be incurred by or obtained against the Purchaser or any of its a' their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the propene ofthe Purchaser, or said parties mot as aresult ofsuch suits or other proceedings, the Seller Will at once cause the s:unc to be dissolved and discharged by giving bond or otherwise. -File Seller and his contactors shall take all safety precautions. furnish and install all guards necessayfor 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 04/2001)