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Home My WebLink About487375 W WEST EQUIPMENT & FURNISHINGS CO - PURCHASE ORDER - 9112994PURCHASE ORDER PO Number Page City. of 9112994 1 of 9 ' `t Collins OI` lI n �+J This number must appear ` on all invoices, packing slips and labels. Date: 05/25/2011 Vendor: 487375 W WEST EQUIPMENT & FURNISHINGS CO 9355 NORTHFIELD BLVD 11:11►194:1 0141 <.L:YT11OC ? Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS Colorado 80521 Delivery Date: 05/24/2011 Buyer: ED BONNETTE Note: Per Lincoln Center Project N1517 Bar Equipment & Installation quote from Scott Norgaard dated 5/6/2011. This Purchase Order will serve as the City' s contract and itemized pack list for this Project. Site Contact: Dave Dale (970) 416-2188. VENDOR SHALL NOTIFY THE FORT COLLINS LINCOLN CENTER, Dave Dale, 970-416-2188 OF THE SCHEDULED DELIVERY OF MATERIALS NO LATER THAN 24 HOURS PRIOR TO ARRIVAL. Line Description Quantity UOM Unit Price Extended Ordered Price 1 Waste Cabinet, wet/dry 1 ea @ $242.06/ea 1 LOT EA Glastender Model No.DWB-12 Underbar, dry waste unit 12"w x 24"deep x 6" dia stainless steel, no legs 12 month parts & labor warranty, standard 2 Underbar corner/angle filler 2 ea @ $233.14/ea 1 LOT EA Glastender Model No.ICCB-15 Underbar filler strip, inside corner, 15 degree angle, drainboard top, clip corner, 24" front -to -back, with backsplash, stainless steel 12 month parts & labor warranty, standard 3 Underbar hand sink unit 1 ea @ $614.30/ea 1 LOT EA Glastender Model No.HSA-12-D Hand sink unit, fire standing design, 12" long x 19" deep, deck -mounted faucet, soap dispenser, front skirt mounted C-fold paper towel dispenser, stainless steel inc. legs 12 month parts & labor warranty, standard 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 242.06 466.28 614.30 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page C117/ Of 9112994 z °f s `t Collinshis number must appear ` " 1 1 on all invoices, packing slips and labels. Line Description Quantity Ordered UOM Unit Price Extended Price 4 Underbar bottle display unit 1 LOT EA 440.55 1 ea @ $440.55/ea Glastender Model No.LDA-12S Liquor display unit, freestanding design, 12" long x 24" front to back, four levels, aligns with 19" deep units with single speed rail s Underbar corner/angle filler 1 LOT EA 518.76 2 ea @ $259.38/ea Glastender Model No.ICCB-30 Underbar filler strip, inside corner, 30 degree angle, drainboard top, clip corner, 24" front to back, with backsplash, sainless steel 12 month parts & labor warranty, standard 6 Underbar ice bin/cocktail sta 1 LOT EA 1,139.98 1 ea @ $1,139.98/ea Glastender Model No.IBA-24-CP10 Ice bin, 24" wide x 19" front to back, splash, 67 lb ice capy, stainless steel, 10 circuit cold plate 12 month parts & labor warranty, standard 7 Underbar sink unit 1 LOT EA 779.62 1 ea @ $779.62/ea Glastender Model No.SWB-12-C Underbar wet waste sink unit, with one sink compartment, 12" long, 24" deep, with backsplash, 9-1/4" x 11-1/2" x 6" deep, gooseneck faucet, lift -out plastic perforated sink strainer, s/s, chemical storage base w/door 12 month parts & labor warranty, standard 6 Underbar corner/angle filler 2 ea @ $288.09/ea 1 LOT EA Glastender Model No.ICCB-45 Underbar filler strip, inside corner, 45 degree angle, drainboard top, clip corner, 24" front to back, with backsplash, stainless steel 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 576.18 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 911299er Page CI�/ Of///�� 9112994 3 of 9 ' `t Collins This number must appear ` ` J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 12 month parts & labor warranty, standard 9 Underbar sink unit 1 ea @ $962.28 1 LOT EA Glastender Model No.TSA-36-S Underbar work board sink unit, three s/s sink compartments, 36" L, no drainboards, 19" front to back, with backsplash, s/s construction, 9-1/2" x 14-1/2" x9-7/8" deep sink bowls 12 month parts & labor warranty, standard 10 Backbar cabinet, refrigerated 1 ea @ $1,581.52/ea 1 LOT EA Glastender Model No.BB36-H Backbar storage cabinet, refrigerated, 1-section, 36" wide, 35" high, condensing unit on side, black exterior finish, with galvanized sub top, vinyl -clad doors, wire shelves 12 month parts & labor warranty, standard 120v/60/1-ph. 7.2 amps, std (L) Refrigeration compartment on left (1) 1" base height (B) Black vinyl clad door (N) No finished top (L) Door hinged left 11 Backbar cabinet, refrigerated 1 ea @ $1,581.52/ea 1 LOT EA Glastender Model No.BB36-H Backbar storage cabinet, refrigerated, 1-section, 36" wide, 35" high, condensing unit on side, black exterior finish, with galvanized sub top, vinyl -clad doors, wire shelves 12 month parts & labor warranty, standard 120v/60/1-ph. 7.2 amps, std (L) Refrigeration compartment on left (1) 1" base height (B) Black vinyl clad door (N) No finished top (L) Door hinged left 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 962.28 1,581.52 1,581.52 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page C117/ OfCollins 9112994 a of s `t ( v his number must appear ` " on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 12 Ice display, bar 1 ea @ $1,015.24 1 LOT EA Glastender Model No.GDU-16X60 Ice display, rectangle, non -illuminated, 60" x 16" x 9" deep, glass & stainless steel, bottled beverage display replace the entire top or a portion of the top of backbar units, drains thru base cabinet 12 month parts & labor warranty, standard NOTE: This is a manufactured to order item and is NOT returnable. 13 Backbar cabinet, refrigerated 2 ea @ $2,172.06/ea 1 LOT EA Glastender Model No.LP60 Backbar storage cabinet, low profile, refrigerated, 2-section, 60" wide, 29" high, condensing unit on side, black exterior finish, with galvanized sub top, with vinyl -clad doors, wire shelves 12 month parts & labor warranty, standard NOTE: This is a manufactured to order item and is NOT returnable. 120v/60/1-ph, 6' cord & plug, std. (L) Refrigeration compartment on left side (1) 1" high base (B) Black vinyl clad door (N) No finished top (L) Left door hinged left (L) Right door hinged left 14 Ice display, bar 2 ea @ $1,015.24/ea 1 LOT EA Glastender Model No.GDU-16X60 Ice display, rectangle, non -illuminated, 60" x 16" x 9" deep, glass & stainless steel, bottled beverage display replace the entire top or a portion of the top of backbar units, drains thru base cabinet 12 month parts & labor warranty, standard NOTE: This is a manufactured to order item and is NOT returnable. 15 Waste cabinet, wet/dry 1 ea @ $242.06/ea 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 1 LOT EA 1,015.24 4,344.12 2,030.48 242.06 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City. of9112994 5 of 9 `t Collins( v This number must appear ` ` on all invoices, packing slips and labels. Line Description Quantity UOM Ordered Unit Price Extended Price Glastender Model No.DWB-12 Underbar, dry waste unit, 12" wide x 24" deep, 6" dia waste chute, stainless steel construction, no legs 12 month parts & labor warranty, standard 16 . Underbar hand sink unit 1 LOT EA 614.30 1 ea @ $614.30/ea Glastender Model No.HSA-12-D Hand sink unit, free standing design, 12" long x 19" deep, with deck -mounted faucet, soap dispenser, front skirt mounted C-fold paper towel dispenser, stainless steel construction including legs 12 month parts & labor warranty, standard 17 Soda gun holder & tubing chase 1 LOT EA 487.08 2 ea @ $243.54/ea Glastender Model No.SHB-6 Soda gun holder & tubing chase, 6" length, 24" deep, for Wunder -Bar soda gun (10 button or smaller) 16 Underbar ice bin/cocktail scat 1 LOT EA 2,279.96 2 ea @ $1,139.98/ea Glastender Model No.IBA-24-CP10 Ice Bin, 24" wide x 19" front to back, splash, 67 lb capy, stainless steel, 10 circuit cold plate 12 month parts & labor warranty, standard 19 Underbar corner/angle filler 1 LOT EA 466.28 2 ea @ $233.14/ea Glastender Model No.ICCB-15 Underbar filler strip, inside corner, 15 degree angle, drainboard top, clip corner, 24" front to back, with backsplash, stainless steel 12 month parts & labor warranty, standard 20 Underbar sink unit 1 LOT EA 1,167.21 1 ea @ $1,167.21/ea Glastender Model No.TSB-6-S Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9112994 6 of 9 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Underbar work board sink unit, three s/s sink compartments, 60" L, 12" right & left drainboards, 24" front to back, with backsplash, s/s construction, 9-1/2" x 14-1/2" x 9-7/8" deep sink bowls 12 month parts & labor warranty, standard 21 Backbar cabinet, refrigerated 1 ea @ $2,727.45/ea Glastender Model No.BB84-H 1 LOT EA Backbar storage cabinet, refrigerated, 3-section, 84" wide, 35" high, condensing unit on side, black exterior finish, with galvanized sub top, vinyl -clad doors, wire shelves, meets 2008 energy efficiency standards 12 month parts & labor warranty, standard 120V/60/1-ph 6.5 amps, 6' cord & plug, std. (L) Refrigeration compartment on left side (1) 1" high base NOTE: Up -charge covers the entire cooler (all doors) (N) No finished top (L) Left door hinged left (L) Center door hinged left (L) Right door hinged left 22 Ice display, bar 2 ea @ $679.64/ea 1 LOT EA Glastender Model No.GDU-18X36 Ice display, rectangle, non -illuminated, 36" x 18" x 9" deep, glass & stainless steel, bottled beverage display replace the entire top or a portion of the top of backbar units, drains thru base cabinet 12 month parts & labor warranty, standard NOTE: This is a manufactured to order item and is NOT returnable. 23 Underbar drain/workboard unit 1 ea @ $283.14/ea 1 LOT EA Glastender Model No.DBA-12 Drainboard, free standing design, 12" long, 19" deep front to back, stainless steel 12 month parts & labor warranty, standard 2,727.45 1,359.28 283.14 24 Underbar ice bin/cocktail stat 1 LOT EA 2,279.96 2 ea @ $1,139.98/ea 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO er Page C117/ Of 112994 7 °f s ' `t Collins 911299This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Ordered Extended Price Glastender Model No.IBA-24-CP10 Ice bin, 24" wide x 19" front to back, splash, 67 lb capy, stainless steel, 10 circuit cold plate 12 month parts & labor warranty, standard 25 Underbar bottle display unit 1 LOT EA 440.55 1 ea @ $440.55/ea Glastender Model No.LDA-12S Liquor display unit, free standing design, 12" long x 24" front to back, four levels, aligns with 19" deep units with single speed rail 26 Underbar sink unit 1 LOT EA 779.62 1 ea @ $779.62/ea Glastender Model No.SWB-12C Underbar wet waste sink unit, with one sink compartment, 12" long, 24" deep, with backsplash, 9-1/4" x 11-1/2" x 6" deep, gooseneck faucet, lift -out plastic perforated sink strainer, s/s construction, chemical storage base w/door 12 month parts & labor warranty, standard 27 Underbar sink unit 1 LOT EA 1,126.62 1 ea @ $1,126.62/ea Glastender Model No.TSA-60-S Underbar work board sink unit, three s/s sink compartments, 60" L, 12" right & left drainboards, 19" front -to -back, with backsplash, s/s construction, 9-1/2" x 14-1/2" x 9-7/8" deep sink bowls 12 month parts & labor warranty, standard 28 Waste cabinet, wet/dry 1 LOT EA 242.06 1 ea @ $242.06/ea Glastender Model No.DWB-12 Underbar, dry waste unit, 12" wide x 24" deep, 6" dia waste chute, stainless steel, no legs 12 month parts & labor warranty, standard v Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City. of 9112994 8 of 9 `t Collins This number must appear ` J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 29 Underbar hand sink unit 1 LOT EA 532.62 1 ea @ $532.62/ea Glastender Model No.HSA-12 Hand sink unit, free standing design, 12" long x 19" deep, with deck mounted faucet, stainless steel construction including legs 12 month parts & labor warranty, standard 30 Freight in from mfr 1 LOT EA 1,880.52 31 Delivery & Installation 1 LOT EA 2,700.00 DELIVERY & INSTALLATION: Delivery of equipment from W.West warehouse to Fort Collins Lincoln Center jobsite, uncrate, set in place, level, make-ready for final connection by others, seal to walls where required, place crating material in customer supplied jobsite dumpster. Excludes all electrical and plumbing. Total UInvoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 9 of 9 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stare and local taxes. Our Exemption Number is I I. NON WAIVER. 98-W502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stria performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973. Chapter 39-26, 114 (a). exercise very rights or remedies pmvidcd Indent 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 of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due in failure to men specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed in you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instroctiore from the City of Fort 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 of any of the terms Inspection. GOODS arc subject to the City effort 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. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact 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 hereafter Freight Terms. Shipment most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser discos the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Sella, 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. Pemdts. Sell" shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules 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 Fort 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 panics to this contract agree that the representatives am, in fad, bona 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 httein by reference. Any additional or different terms and conditions proposal by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of fearnal lam deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elmwhem and holding she Seiler liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not miserably foreseeable which are beyond its reasonable control and without is fault of negligence, such acts of God acts ofcivil or military authorities, governmental priorities, jams, strikes, Flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, 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 cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser barmless from 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 (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable w'annuity provided by the Seller after the date of acceptance of the goods furnished 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 waiver ofany claim under this warmary. 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 warranties or guamntms. 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the 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 or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock No such termination shall relieve the Purchaser or the Seller of any of thew obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller variants 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 goods are subject. The Seller shall execute and deliver such documents as may be required to effect or 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 handless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tmtdfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrens full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances vad claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers 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 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 Seller shall indemnify and save harmless the Purchaser from any and all 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 obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. 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, at its own expense and at its option, either prorate for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, 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 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. The definitions ofterms used or the interpretation ofncc agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe Smte of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rcian senativc(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Settees final completion and acceptance, complete the work at Sella/s own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational 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 sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,000 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 compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seiler shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such can ificates 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 any and all damage, loss or injury of any kind or nature whmsocver to persons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees facto and against 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 Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents 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 contractors or any of is or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof aad to defend the same 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 Purchaser or any of its or their effects, agents or employees in such suits 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 of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish 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 Health Act of 1970 and all rules and regulations issued pursuant thneto. Revised 032010