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HomeMy WebLinkAbout298838 AV-TECH ELECTRONICS INC - PURCHASE ORDER - 9120072PURCHASE ORDER PO Number Page City ofPURCHASE9120072 1 of z Flirt Collins This number must appear ,��-J`'' ` on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 298838 Ship To: FLEET SERVICES - MAIN SHOP AV -TECH ELECTRONICS INC CITY OF FORT COLLINS 12851 W 43RD DR 835 WOOD ST GOLDEN Colorado 80403 FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Blanket order to 1 LOT LS 10,000.00 cover the cost of miscellaneous parts for fiscal year 2012. All deliveries shall be made upon request of City Parts department only. All deliveries to be accompanied by an invoice or packing slip. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Credit 1 LOT LS-1,500.00 C3. O✓lk-�aQ � 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: 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 Fort Collins is exempt from stme and local taxes. Our Exemption Number is 11. NONWAIVF.R, 98-04502. Federal Excise Tax Exemption Certificate of Registry 844A00587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tears and conditions hereof, failure or elclav to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder ar approval ofthc design. shall Or relme the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, citha 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 retuned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance herea for 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, as to any prior or subsequent default hereunder, not shall any purported and conciliation or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. he cf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. however. it is to he understood that FINAL Scllcr and the Purchaser recognize that in actual economic pmetice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fuel borne 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 cony now have or hcreafcr Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, For Collins, CO 80522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods err services otherwise specified on this order. If permission is given to prepay freight and charge .separately, the original freight purchased m acquimel by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seiler 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 Seller, and the Scllcr 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. Permits. Seiler shall procure at sellers sole cost all necessary rnnits. certificates and license, 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 less incurred by them by reason Man asserted or established violation of any such laws. regulations, ordinances. rules mM requirements, Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the rams and conditions rated herein set forth and any supplementary m 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 naive oa your promised delivery dote 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 opcntc 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 nfplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall nor 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 of negligence. such acts ofGrd, acts ofcivil or military authorities, governmental priorities, fires, strikes, food, epidemics. wars or Hot, provided that notice of the conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Seiler 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 lost by reason of the delay. 3. WARRANTY. The Seiler 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 care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage at expense which the Pumhcowt mnv suffer or incur on account of the Scllcrs breach of warmnty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1),year or within such longer period of time as may he pmwribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods fumishcd hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done Or materials banished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximately caused by the breach of any of the foregoing wammics or guarantees, but such liability shall in no event include loss ofpmfits or loss of raw. 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. S. CHANCES IN COMMERCIAL TERMS. The 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 drawing,, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written chance order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any cqu iable adjustment bewcen 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 on the uncompleted portion of the goods end/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchnscr nr the Seller ofany of their obligations as to anv good, 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 furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seiler shall execute and deliver such documents as may be required to effect or evidence compliance. All laws cad 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 harmless from 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 of the other pan. 10. TITLE. The Scllcr wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials. and items furnished in perfomanee of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seiler 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 M the party released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to he reduced, in any wav, because such work is perforated or caused to be performed by the Purchnscr. 14. PATEN "I'S. 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 Pmehawr for any cost, expense or damage which it may be obliged to pay by reason of such infringement it 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 it own expense and at its option, either procure 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. IS. INSOLVENCY. If the Seller shall become insolvent at bankrupt, make on assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmperry or business, this Oder may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions offems used or the interpretation ofthc agreement and the rights ofail parties hereunder shall be construed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenmlive(s), on the prcmi,acs of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall canyon said work at Seller's own risk until the same is fully complded and accepted, and shall, in case ofany accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's men expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Scllcr. the Seller shall receive, unload. ,lore and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compenv tine, including occupational disease benefits, to its employees employed on at in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws 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 inson ee with busily injury and death limits of at least S300.000 for any one person, SSOO.00 J for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, Lamy. to provide for such compensalion and insurance. Before any of The Sellers or his contactors employees shell do any work upon the premises of others, the Scllcr shall fumish the Purchaser with a certificate that such compensation and insurance have been Provided. Such cenifieates shall specify the date when such compensation and insurance have been pmvidcd. 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 liability for any nod all damage, loss or injury ofany kind or nature whatuwvO to persons or property caused by or resulting from the csocalion fthe work provided for in this purchase order or in connection Immo ith. The Seller will indemnify and hold hanitles the Purchaser and any m all of the Purchasers officers, agents and employees fmm 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 contactors or anv of its or their ofircm, agents or employees as aforesaid. the Seiler hereby agrees to assume the defense thereof and to defend the some at The Sellers own expense, to pay any and all costs. charges, anomcys far and other expenses, any and all judgments [hat 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 result of such suits or other proceedings, the Seller will al once cause the sane to be dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safety precautions, fumish 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 Hcalth Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2016