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HomeMy WebLinkAbout484898 HV DIAGNOSTICS INC - PURCHASE ORDER - 9111913City of /0,.F,.� Collins PURCHASE ORDER Date: 04/06/2011 , Vendor: 484898 HV DIAGNOSTICS INC 271 ROPE MILLE PKWY SUITE 2 WOODSTOCK Georgia 30188 PO Number Page 9111913 1of3 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 04/06/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price HVA 30 - VLF AC Hipot 1 LOT LS 14,000.00 700 001 SHIP TO: 700 Wood Street Fort Collins, CO 80521 Attention: Adam Bromley Date Required: May 1, 2011 2 Heavy Duty HV Test Lead on a Reel (50') 700 004LL 3 Vise Grips 700 011 4 USB Flash Drive 700 006 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 1 LOT LS 1 LOT LS 1 LOT LS 1,450.00 185.00 350.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9111913 2of3 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 $15,985.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAI VEIL. 98-01502. Federal Excise Tax Exemption Conificute of Registry 84-6000587 is registered with the Collector of Failure of the Pamhuser to insist upon strict performance of the terns and conditions hereof, failure or delay to late=[ Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (af exercise any right or remedies provided herein or by law, failure to promptly notify the Seller in the event of a brcuch, the accoptance ofor payment for goods hereunder or approval ofncc design, shall not release the Selerof Golds Rcjeced. GOODS REJECTED due to failure concoct specifications, either when shipped or due to defect of any of the wurmmiss or obligations of this purchase order and shall not be divined a waiver of any right of tle damage in transit, may be returned to you fur credit and an nor to be replaced except upon receipt of wrinen purchaser to insist ulwn strict performance hcrufm any of ie. rights or remedies as to any such goods, regardless instructions from the City of Fon Collins, 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 ofany of the terns hnpectlu c. GOODS arc subject to the City ofFort Collins inspection on arrival. her..f. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be undcrstriod that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspretion procedures. violations are in fact bona, by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller botchy assigns to the Purchaser any and all claims it may now have or hereafter Fmighr Terms Shipments most be F.O.H., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under I'cdml or state amitmst laws for such overcharges relating To the particular goods or services otherwise specified on this order. If pomaissic n is given to prepay freight and charge separately, the original freight purchased of acquired by the Purchaser pursuant to this purchase order. bill must accompany irroice. Additional charges fur picking will not be eceeped. 13. PURCHASERS PERFORMANCE OF SELLERS OHL IGATIONS. Shipment Distance. Where manufacturers have distributing point in various parts of the country, shipment is If the Purchaser direct the Seller to correct nonconforming or defecive goods by a date to be agreed upon by the expected limn the nearest distribulion point le destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may 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. Permit,. Seller shall procure at sellers sole cost all necessary permit, certificates and licenses required by all applicable laws, rcgulxtions, ordinances and rates of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fon Collins hi mloss from and against all liability ..,it to,, incurred by them by moon of an asserted or established violation of any such Lmvs, regulations, ordinances, rules and rcyui¢nacns. Aulhorizmiou All parties to this contract ugrce that the representatives are, in fact, buns fide and possess full and complete authority m bind said panics. LIMITATION OF'I'ERMS.'I'his Purchase Order expressly limits acceptance to the terns and conditions stated herein set Ionh and any supplcmmatary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different forms and conditions pwpused by seller are objected to and hereby rejected. '_. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to arrive on your pronmised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the docunnents anached hereto. No acts of the Purchasers including, without Injunction, acceptance of partial late deliveries, shill op:ratc as a waiver ofthis proision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable comedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due a causes an, rawnably fsrc.... the which are beyond it wasorable control and without it fault oftegligencc, such acts of God, act of'eivil or military authorities, governmental priorities, lira, strikes, flood epidemics, wars or riot prided that notice of the condition causing such delay is Six on to the Purchaser within five (5) days of the tinme when the Seiler liar nv6,,d knew ledge thereof. In the event of any such delay, the date of deivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sello armants that all goods, connotes, materials and work covered by this order will confomt with applicable drawings, spocilications, 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 homiloes from Tiny loss, damage or expense which the Purchaser may suffer or incur on amount of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any dcl'mu or faults arising within one (U year or within such longer period of time us may be prescribed by law or by the more; ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imp:dce 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 Sellers liability hereunder shall extend to all danger proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY Olt OF FtNESS FOR PURPOSE SHALL APPLY. 4. CHANGES 1N LEGAL TERMS. T"he Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Mats, other than legal terms, including additions to or deletion from the quantities originally ordered in der specifications or drawings, by verbal or written change order. If any such change affect the amount due or the time ofpetformarec hereunder, an equitable adjustment shall be made. 6.'1 ERMINA'fIONS. The Purchaser may at any time by written change order, terminate this ugmeancm as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits oil the uncompleted pre ion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of rho Seiler with mlre as any goods which are the Sellers standard stock. No such Termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim lot adjusjmm must be asserted within thirty (30) days from the date the change or Mrtaination is ordcrcd. 8. COMPLIANCE WITH I LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict connpliance with all applicable lugs and regulmion' to which the goods are subject. The Seller shall execute unit deliver such discontents as may be rqu red to olTect or evidence compliance. All laws and regulations required to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pmehzwr harmless from all coos and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such low. 9. ASSIGNMENT. Neither party shall assign, transfer, or con%vy this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clearand unrestricted Title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, five and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Scllcr shall release the Purchaser and it contractors of any net from all liability and claims ofany nature resulting from the performance ofsuch work. This Cie." 'It'll apply even in the event of fault of negligence of the party released and shall extend to the directors, elliecrs ad employees ofsuch party. The Seiler', contractual obligations, including warranty, shall not be dcemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATEN'lS. Whenever the Seller is required on use any design, device, material or process covered by leneq patent, trademark or copyright, the Seller shall ind,nuaify and save hamiless the Purchaser from any and all claims for infringement by reason office use of such patented J,sign. device, material or process in connection with the contract, and shall baknur iy the Purcltaxcr for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringcmcnt at any time during the prosecution or utter the completion of the work. In case said equipment, or any pan thereof' or the inlcnJcd use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is cnjuincd, the Seller shall, at its own expense and at is option, either procure for the Purchaser the right to continue using said equipment or pans, replace the sans with substantially equal but nuninlringing equipment, or modify it so it becumcs noninGinging. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. "I'he definitions of Toms used or the interpretation office agroanent and the rights ofall panics hereunder shall be consmed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the promises of other. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the some is fully completed and accepted and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers Final completion and acceptance, complete [tic work at Soler's own expense and to the satisfaction of the Purchaser. When materials' and equipment ure furnished by others for installation or erection by the Scllcr, the Seller shall receive, unload, store and handle wire at the site aW become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, m his own expense, provide for the payment of workers compensation, including occupational disease benefit, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependent in accordance with the laws of the sate in which the work is to be done. The Seller 'hull uIsu curry comprehensive general liability including, but no limited to, contractual and automobile public liability insurance with bodily injury unit death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, it any, to provide for such <o upcnsilion and insurance. Before any of the Sellers or his contactors employees shall do any work spun [lie premises of others, The Seller shall furnish the Purchaser with a eenificae that such compcttulion and insurance have been provided Such ccniticates shall specify the date when such conmponsmiun and insurance have been provided. Such certificates shall specify The date when such compensation and insurance expires. 9'he Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and ueceptcd. 19. PROTECTION AGAINST' ACCIDENTS AND DAMAGES. The Scllcr hereby u.vune' the.miee responsibility and liability for any and all damage, loss or injury ofany kind or nature whosoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnity and hold hamlcss the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, dumages, 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 Seller, any of his contractors, or any of file Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its often', agent- or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contactors or any of is or their officer, agent or employms as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same al the Scllcrs own expense, to pay any and all costs, charges, anoneyys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of is or their officers, agents or employees in such wits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Seiler will at once cause the sans To be dissolvoil and discharged by giving bond or othcnvisc. The Seller and his contractors shall take all safety precautions, famish and install all gourds necessary for the prevention of accidents, eonmply with all laves and regulations with regard to safety including, but without limitation, the Occupational Safetyand Health Act of 1970 and all talcs and regulations issued putuant therein. Revised ON2010