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HomeMy WebLinkAbout375270 ACCUVANT INC - PURCHASE ORDER - 9117056City of art Collins Date: 11/28/2011 Vendor: 375270 ACCUVANT INC 1125 17TH ST SUITE 1700 DENVER Colorado 80202-2032 PURCHASE ORDER PO Number Page 9117056 1of2 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: 11/28/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Aruba Wireless Access point 1 LOT LS 2,826.00 per QT-99044 Attn: Dane Burneson Total $2,826.00 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 Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 9841502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmv'ided herein or by law, failure to pmmptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the 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 wamntics or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be rammed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, rcgordless instructions firma the City of Fnn Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpotted oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan 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 recognise that in actual economic practice, overcharges resulting fmm antitnst ACCEPTANCE is dependent upon completion ofall applicable required inspection pmccdures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as emoiderntion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Woad St_ Fort Collins, CO 80522, anlc. s acquired under federal or state antitrust laws for such overcharges relating to the partieulnr 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 most accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. 0.'here manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchascr and the Scllcc and the Scllcr thcrci ficr indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the and to be Performed by the most expeditious means available to it and the Scllcr shall pay all costs associated with such mark. Permits. Seller 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 constimmil public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless Farm 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. Authorimtion. All panics to this contract agree that the reptesentativcs arc, in fact, 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 Fordo set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms 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 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 of partial late 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 elsewhere and holding the Seller liable for damages. However. the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, (land, epidemics, wars or riots provided that notice of the conditions causing such delav 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 he extended for the period equal to the time actually rust by return ofthe 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 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 harmless from any Jos,, 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 may be prescribed by law or by the forms of any applicable warranty provided by the Seller it net 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 of any claim under this warmnty. Except as otherwise provided in this purchase order, the Sel Ims liability hereunder shall extend to all draaWs proximately caused by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR M ERCH ANTABILIT' OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tcmts by written change order, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tams, including additions to or deletions fmm the quantities originally ordered in the specifications or drawing, by verbal or written change order. If any such change affects the amount due or the time ofpciformartce 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 mark, 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 Pumhasar 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 from 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 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 refercac. The Seller agrees to indemnify and hold the Purchaser hamdcs fmm all costs and damages suffered by the Purchaser 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 due hereunder without the prior written consent ofthe interparty, 10. TITLE. The Seller warrants full, clear nod arms tricted title to the Purchaser for all equipment materials, and items famished in perfnmance of this agreement free and clear of any and all lions, restrictions, reservations, security intemst cncumbmnecs and claims of others. The Scllcr shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm 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 Seller's contractual obligations, including warranty. shall not be deemed to be reduced. in any may. because such work is performed or caused to be perfomted by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Jena, patent trademark or copyright, the Seller shall indemnify and save hamdess 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 tiny cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In ease 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 procure fat the Purchaser the right to Continue using said equipment or pans, 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 he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftco ns used or the interpretation ofthe agreement and the rights ofall panics here nder shall be construed under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Selcm Repo scaative(s), on the premises trotters. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcr, 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 Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials wad equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site wad become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workem 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 Imes of the state 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 immature with bodily injury and death limit of at least S300.000 for any one person. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his cannadars, if any, to provide for such compensation and insurance! Before any ofthe Sellers or his contractors employees shnll do any work upon the premises of others, the Seller 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 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 Iinhility for any and all damage, loss or injury ofany kind or nature whntsmver to persons or proper caused by or resulting fmm the execution ofthe work provided for in this purchase nrderor in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers oRcers, agents and employees from 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 Scllcr, 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 affects, 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 its or their oRcers, 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 all judgments that may be incurred by or obtained against the Purchaser or any of its or 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 property of the Purchaser, or said panics in or as a resuh 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 ull safety precautions, furnish and install all guards accessary for the prevention of accidents, enmply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all talcs and regulations issued pursuant thcrtto. Revised 03/2010