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HomeMy WebLinkAbout104031 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9111662Fort Collins Date: 03/22/2011 Vendor: 104031 MOTOROLA SOLUTIONS INC 1307 E ALGONQUIN RD SCHAUMBERG Illinois 60196 PURCHASE ORDER PO Number Page 9111662 1o12 This number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 03/22/2011 Buyer: JAMES HUME N ote Line Description Quantity UOM Unit Price Extended Ordered Price packsets 1 LOT LS 7,299.15 South Battalion - 3 ea. per Q00000140394, Attn: Todd Lawrence for Poudre Fire Authority City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 15 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exempt inns. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-PA502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the Icons and condilions hereof. failure or delay to Internal Revenue. Denver. Colorado HILL Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any rights or remedies pmvidcd herein or by law, failure to primpdy notify the Seller in tea event of a breach, the acceptance ofor payment for goods hereunder or approval offhc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warmntics or obligations of this purchase enter and shall not be deemed a .waiver of any right of the damage in transit, may be rearmed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any ofits rights or renwdies as many such goods, regardless instruction, front the City of Fort Collins. of when shipped, received or accepted, as to any print or subsequent dcfmdt hereunder, nor shall any purponcd colt modification Or reseission of this purchase order by the Purchaser operate as a wnivcr oftoy of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhormzed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seiler and the Purchaser recognize that in actual economic practice, overcharges resulting front antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in feet home 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 hcrcancr Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitmst laws for such overcharges relating to the particular good or services dhcreise specified on this order. If pemuitsm. is given to prepay freight and charge sependely, the original freight purchased or acquired by the Purchaser pursuant to this purchase erect. bill most accompany ov.nice. Additional charges for packing will not be accepted. 13. PU RCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufactomm have distributing points in various parts of the country, shipment is Ifthe Purchascr directs the Seller to correct nonconforming or defective goods by a date lobe agreed uNon by the expected farm the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser noel the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipmcrus arc made from grater distanec. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all ,applicable laws, regulations, ordinances and mles of the state. municipality, Icontory or political subdivision where the work is performed, Or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or esmblishcd violation of any such laws, regulations, ordinances. rates and requirements. Authodration. All parties to this contract apace that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This purchase Older expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terra 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 arrow on year promised delivery date as noted. Time is of the essence. Delivery and performance must be cffcaed within the time stated on the purchase order and the Lineaments notched hereto, No acts of the Pmrchescrs including, without limitation, acceptance of partial late deliveries, shall operate as a wnivcr of this provision. In the event ofany delay, the Purchaser shall have, in addition to Other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Ilmvcvee the Seiler shall not be liable for dmnngcs as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such lots of God, acts ofcivil or military authurnies, governmental ptiontiu. rims, strikes, food, epidemics, wars or rids pmvidcd that notice of the conditions causing such delay is given to the Purchascr within five (5) days of the ,into when the Seller Gast received knowledge thereof. In the event of any such delay, the date of dceivcry shalt be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seiler warrants that all good, articles, materials and work covered by this order will 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 standards for work of a similar nature. The Seller agrees to hold the purchaser hanntcss from any Ins,,, damage Of expense which the Porchaur may suffer or incur on account of the Sellers breach of oona ty. The Scllcr 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 pmseribed by law or by fhc teo.s ofany applicable warranty provided by the Seller ancr the date of acceptance of the good famished hereunder (ncecro nce not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Seller, liability hereunder shall extend to all damages proxintmcly caused by the breach ofany of the foregoing "tranties 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 wrinco change order. 5. CHANGES IN COb/h1ERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terms, including additions fin or deletions floor the quantities originally ordered in the speeifivmdums or drawings, by verbal or written change ramie, If any such change affects the amount due or the time ofpci forams. hereunder, an equitable adjustment shall be Claude. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or nil portions of the goods then not shipped, subject to any equitable adiustnam between the panics as many work or mmeriehs 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 or consequential damages, and that no such adjustment be made in favor of fhc Seller with respect to any goods which arc flue Sellers standard stock. No such teratinxtion shall relieve the Purchaser or the Seller of any of flair obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within Ihiny (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant that all goods sold hereunder shall have been produced, sold, delivered and fumishcd in Strict compliance with all applicable laws and min lations to which the good arc subject. The Seller shall execute and deliver soch documents as may be requited to effect of 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 hamdrss from all costs and damages suffered by the Purchnscr Las a result of the Sellers failure to comply with .such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order. or any monies due or to become dire hereunder without the prior written consent of the other par. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchascr for all equipment. materials. and items furnished in performance of this aereement, free and clear of any and all liens, restrictions, reservations. security interest erteumbnnees and claims ofothc.. The Scllcr shall release the Purchaser and its contractors ofany tier from all liability and chains of any nulmrc resulting front the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry rchcascd and shall extend to the directors, olfiners and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perf rm eel by the Purchaser. 14. PATENTS. Whenever the Seiler is required to use any design, device, matain] or process covered by letter. patent, trademark or copyright. the Seiler shall indemnify and save harmless the Purchnscr fmm any and all claims for infringement by reason of the use of such patented design, device, material or possess in connection with the connect, and shall indemnify the Purchnscr for any cost, expense or damage which it may be obliged to pay by reason of such nhiagemcn[ at any fimc during the pmsecmtium or after the completion of the walk. 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, it its own expense Land at its option, either procure for the Porchascr the right to confirm, using said equipment tar pans, replace the same ..'ith snhstituially equal hue noninfringing cquipmcm, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a ,reviver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dcftnnions of faro mud or the intcrpmtation of the agreement and the rights ofall parties hereunder shall be constmed under and governed by the laws of the State Of Colondo, USA, The following Addition,,] Conditions apply only in cases where the Seller is to perfomt work hereunder. including the services of Scllcrs Reprcsentative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall cam on said work at Seller's non risk until the same is fully completed and accepted, and shell, in case of any accident. dcstmcfien or ipiory to the work and/or materials before Sellers final compleion and acceptance, complete the work at Scllcr's own expense and to the satisfaction of the Purchascr. When materials and equipment arc fumishcd by others for installation or erection by the Seller. the Seller shall receive, offload, store and handle same at the site and become responsible therefor as though such materials and/or equipmrent were being furnished by the Scllcr under the order. 18, INSURANCE. The Seller shall. at his own expense, provide for the payment of workers compensation. including Occupational disease benefit,, to its employees employed on or in ernneelirn with he work covered by this purchase older, and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry eompmhensive general liability including. but not limited to, contractual and automobile public liability insurance .with bodily injury and death limits of at least S300000 for any one person. S500.000 for any one accident and property damage limit per accident of S4011.000. The Seller shall likewise require his contractor, if ray, to provide for such compensation and inounacc. Before any of tlm Sellers or his contractors employees shall do any work oNsn the premises of others, the Seller shall punish the Purchaser with a cer ificefc that such compensation and insurance have been provided. Stich certificates shall specify the dale when such comocit,alion and insurrnce hive been provided. Such eertificmes shall specify the date when such compensation and insomniac expires, The Scllcr agrees that such compensation and insurance shall be maintained until ,net the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage, loss m iniary ofany kind or nature whatsoever in persons or property caused by or resulting fmm the cxt cutiou of the work provided for in this purchase order or in connection herewith. The Scller will indcomifv and hold hamdess the Purchaser and any or all of the Purchasers officers. agents and employers from and again,[ any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchaser may be put or subject by reason of any act. action, neglect, omission or default on the pan of the Scllcr, any of his contnetors, or any of the Sellers or contractors officers, agents or employees. In case any suit or Other proceedings shall be brought against the Purchasef. or its oRccm agents Or employees at any time on account or by reason of any act, action, neglect, emission or default Of the Seiler of any of his contractors or any of its or their officers, agents or cmp]oyces as aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend file same at the Seiler., own expense, to pay any and all costs, charges, atiomcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchascr or any of its or their offers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the progeny of the Purchaser, or said parties in or as a result of such suits or Other proceedings. the Seller will at once cause the same to he dissolved and discharged by giving bond or othmvise. The Seller and his contractors shall take all safety precautions, huffish 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 I Ieallh Act of 1970 and all rates and regulation., issued pursuant thereto. Revised 0312010