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HomeMy WebLinkAbout124742 DISPLAY DEVICES INC - PURCHASE ORDER - 9112895City of /,.fit Collins Date: 05/23/2011 Vendor: 124742 DISPLAY DEVICES INC 5880 N SHERIDAN BLVD ARVADA Colorado 80003-6922 t, � � v I - 13ti0 PURCHASE ORDER PO Number Page 9112895 1o12 This number must appear on all invoices, packing slips and labels. Ship To: PURCHASING DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 05/20/2011 Buyer: ED BONNETTE Note: INSTALL FOR CITY OF FORT COLLINS COUNCIL CHAMBER 300 LAPORTE AVE FORT COLLINS, CO 80521 ATTN: CARSON HAMLIN Line Description Quantity UOM Unit Price Extended Ordered Price I COUNCIL CHAMBER INSTALL PER CARSON HAMLIN QUOTE 1 LOT EA FOR INSTALL OF EQUIPMENT PURCHASED FROM RIA CORP ON PO 9112894. Cam, c3. o"r�2� U 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 Invoice Address: 6,970.00 $6,970.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and Inuit taxes. Our Exemption Number is 11. NONWAI VER. Si Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered %%Oh the Collector of Failure Of the Pnrdtascr m insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue. Den,, , Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify life Seller in the event of a breach, the acceptance ofor payment for goods hcrcundcr or approval ofthe 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 o orntics or obligations of this purchase order and shall not be deemed a waiver of nny right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchnscr to insist upon strict performance hcomfor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, a, to any prior or subsequent default hereunder, nor shall ray purported oml malification or rescission of this purchase order by the Purchaser operate is a waiver of any of the terms Inspection. GOODS am 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 CLA INIS. authorized payment on the part of the City of Fort Collins. HOocect. it is to be undcmtmd that FINAL. Seller and the Purchaser recognize that in acti.11 economic practice. overcharges resulting from antimist ACCEPTANCE is dependent upon completion ofall applicable required inspection pmecdums. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase ordeq the Seller hereby assigns to the Purchaser any and all claims it fifty not, have or hereafter Freight Terms. Shipments most be F.O.N., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or scr ices nhenviw specified on this order. If permission is given to prepay freight and charge separately, the original freight purehascd m acquired by the Purchascr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufaturcrs have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made front greater distance. Permits. Seller shall pmeure at sellers side cost all necessary permits, ccnifiuites and licenses required by nil applicable laws, regulations, ordinances and roles of the state, municipality, territory err 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 Fort Collins hamilcss from and again,, all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, talcs and requirements. Autharivatinn. All parties to this eoamd agree that the representatives am, in fact, boon fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different Territorial conditions proposed by Scllcr are objected to and hereby rejected. 2. DFI.I V F:RY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised 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 documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order ckcwhce and holding the Seller liable for damages However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligenee. such acts of God, acts ofcivil or military authorities, governmental priorities, Gres, strikes food, epidemics, wars Or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller frost received knowledge thereof. In the event of any such delay, the date of del iwery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller oamants 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 In for the purposes intended, and performed with the highest degree of care and con enciam in accordance with accepted standards for work of a similar nature. The Seller agrees to hold The purchaser holes, from any loss dimnge or expense which the Purchascr may suffer or incur on account of the Scllcrs breach of wamnty. 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 may he prescribed by law Or by the toms of any applicable wamnty pmvidcd by the Seller aner the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a omivcr ofi ny claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of The foregoing wamntics or guarantees, but such liability shall in no event include loss ofpmfits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tans by written change order, 5. CHANGES IN COMMERCIAL TERMS. T'he Purchaser may make any changes to the toms other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by vernal or wriucn clnnge order. If any such change affects the amount due or the time of performancc hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by o7inen change order, terminate this ngrccmcat as to any or all portions of the goods then not shipped, subject to any equitable adjustment bchveen the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated priffts on the uncompleted Portion of the galls and/or work, for incidental or consequential damages, and That no such adjustment be made in favor of the Seller with respect to any galls which are the Scllcrs standard stock. No such termnation shall relieve the Purchaser or the Seller of any of their obligations as to any goals delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days form the date the change or termination is Ordered. R. COMPLIANCE WITH LAW. The Seller wamnty that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcm from all costs and damages suffered by the Purchascr as 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 clue hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted till, to the Purchnscr 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. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser, directs the Seller to correct nonconforming or defective fords by,, date to he agreed upon by the Purchaser nod the Seller, and the Seller therci net indicates its inability or unwillingness in cammply. the Purchaser ,tray cause the work to be performed by the most espedilimrs means available to it, mid the Seller aball pay all, costs associated with such work. - The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of nny anion resulting front the performance of loch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the clamors. omeersand employees of such party. The Shcer:s contractual obligations, including oamnty, shall not be deemed to he reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser from any and Al claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obligml to pay by maocn of such infringe cut at any time during the prosecution or after the eonmplction of the work. In case said equiroicnt. or any part thereof or the intended use of the goods, is in such soil held to constitute infringement and the use of said equipment or part is enjoined, the Seller shnlh at its own expense and Or its option, cifhcr procure for the Purchaser the right to continue axing said equipmment or parts, replace the same with mb,lmiially canal but noninfringing equipment. or modify it so it becomes noninfriaging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assienmeat for the benefit of creditors. appoint a receiver or trustee for any of the Sellers pmperty or business. this order may forthwith be canceled by the Purchaser without liability. IG. GOVERNING LAW. The definitions oftcons used or the intcTreuinn nfthe amis"Orm and the right, Of,]] parties hereunder shall be constracd under and governed by the Imes offing State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work bcremndcr. including the services of Sellers Representative(s), on the prcmiscs of others. 17. SELLERS RESPONSIBILI FY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of nny accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and in The satisfaction of fine Puchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive unload. ,tore and handle same at the .site and become responsible therefor as though such materials and/or equipment uvcrc being furnished by the Setlerunder the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers mmpcnsotion, including occupational disease benefit,, In its employees employed on or in connection with the work covcoal by this purchase order, and/or In their dependents in accordance wifh the Imvs oflhc state in which the work is in be dote. The Seller shall also carry comprehensive general liability including, bra not limited to, contractual and automobile public liability insurance with bodily injury and deaf; limits of fit tens, $3nn,006 for any one person, $500,000 for any one accident and property damage limit per accident of S40n K)k The Seller shall Iikeo'ise require his moacmrs, if any, to provide for such compensation and insumncc Before any of fine Sellers or his contractors employees shall do any work upon the prcmiscs of others, the Seller shall famish the Purchaser with a ecnificatc that such compensation and insurance have been provided Such certificates shall specify The date when such compensation and insurance have been pmvidcd. Stich ecnifieatcs shall specify The date when such compensation and insurance expires. The Seller agrees that such compensation and insumncc shall be maintained until aner the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rcsponsihility and liability for any and all damngc. loss Or injury of any kind err nature whatsoever In person, or pmperty caused by or resulting from the execution orthe work provided for in this purchnsc order or in connection herewith. The Seller will indemnify and hold bannles, fine Pumha,cr and any r all of the Purchasers officers, agents and cumployces from and against any and all clainms, losses danftges. charges or expenses, sv wher direct or indirect maul ohcthcr To persons Or property to which the Purchnscr may be put or subject by reason of any act, action, neglect. omission or default on the port of the Scllcr, any of his conlmOnrx, or any of the Sellers or contractors oRecrs, agents or employees. In case any suit or other proceedings shill he brought against the Purchnscr, or its oRects. agents or employees it my time on account err by reason of any act, action, neglect. Omission or 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 sane at the Sellers own expense. to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments That may be incurred by or obtained against the Purchascr or any of its or their officers. agents or employee, in such suit, Or other pmeecdings, and in case judgment or other lien he placed upon or obtained against the pmpertv of the Pnrchascr. or said panics in or as a result of such suits or other pmccc lings, the Seller will it once cause the same to be di ,olved and discharged by giving bond or Otherwise. The Seller and his contractor, shall take all safety precautions, furnish and install fill guards necessary for the poevgnfion of accident, comply with nil laws and regnlntions with regard to safety including, bill within limitation, the Oceipmion d Sifcty and Health All of I970 and all roles and regnlntions issued pnrsonat therein, Revised 03/2010