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HomeMy WebLinkAbout426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9120336Fort Collins Date: 01/23/2012 PURCHASE ORDER Vendor: 426136 MES - ROCKY MOUNTAINS 700 W MISSISSIPPI AVE BLDG E, UNIT 6 DENVER Colorado 80223 PO Number Page 9120336 1 1of2 This number must appear on all invoices, packing slips and labels. Ship To: TRAINING FACILITY POUDRE FIRE AUTHORITY 3400 WEST VINE FORT COLLINS Colorado 80521 Delivery Date: 01/23/2012 Buyer: ED BONNETTE Note: PER ORDER CON SO 250482-1 dated 1/19/2012. Line Description Quantity UOM Unit Price Extended Ordered Price 1 100 ea. EBSS Pouch for NXG2 SCBAs 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 LS 16,000.00 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 I. COMMERCIAL DETAILS. Tax,mraptions. By statute the City f Fmt Collins is escmpt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 95-04502. Federal Excise Tax Exemption Certificate Of Registry 84-6(M597 is registered with the Collector of Failure ofthe Purchaser to insist upon strict perfntmance 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 provided herein or by law, failure to promptly notify the Sella in the event of a breach. the acceptance ofor payment for goods herunder or approval fthe design, shall net rcicasc the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the waranties or obligations of this purchase order and shall not be damcd a waiver of any right of the damage in transit, may be mounted to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights Or remedies as to any such goods, regardless instructions from the City of Port 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 Pnrchascr operate as 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 resporrte to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins Hoavever, it is to be andcrttood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting Form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection lameedums. violations arc 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. Shipments must be F.O.B.. City of Fort Collins, 7M 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 Pumhascr 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 If the Purchaser dicers the Seller to cancer 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 Seller thereafter indicates its inability or unwillingness to comply, the Pnrchascr shipments ore made from greater distance. may cause the work to be perforated by the mast expeditious means available to it. and the Seller shall payall costs as reined with such work, Permits. Seller shall procure at rollers sole cost all necessary permits, anificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is paformed, or ra i¢d by any other duly constituted public authority having jurisdiction over the work of vender. Sella further agrees to held the City of Fen Collins harmless farm and against all liability and loss incurred by them by reason of an asserted or aiablishod violation of any such Imes, regulations, ordinances, talcs and requirements. Authorization, All panics to this contract agree that the representatives arc. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acapmnec 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 a different term, and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised dclivcry date as noted. Time is ofthe essence. Delivery and Performance must be effected within the time stated on the purchase order and the documents anachcd hereto. No acts of the Purchasers including. without limitation, acceptance of panial late deliveries, shall operate as a waiver of Ihis provision. In the event of any 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 Sella 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 of negligence, such acts of God, acts ofci,il or military authorities, governmental priorities, fires, 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 know [edge thereof. In the event of any such delay, the date of dclivcry shall be extended for the period equal to the time actually lost by remen ofthe delay. 3. WARRANTY. The Seller warrants that all goods. anieles, materials and work covered by this order will confront with applicable drawings, specifications, wimples 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 nnmrc. The Scllcr agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser cony suffer or incur on recount ofthe Sellers breach of warranty. The Scllcr shall replace, repair ru make good. without cost to the purchaser. any defects or faults arising within one (I) year m within such longer period of time as may he preseribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this per: base Order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties err guarantees but such liability shall in no event include loss of profits or loss of use. NO IM PIA ED 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. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal tams. including additions to or deletions fmm the g.ntitie, nrigionn, -Need in the specifixotions or dmavings, by verbal ear wrinerrn change order. If any such change affects the amount due or the time of pafommnce hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change ado, terminate this agreement 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 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 Purchase, or the Sella of any of their obligations as m any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within thirty (30) days from the date the change Or term intion is ordered. S. COMPLIANCE WITH LAW, The Seller warrants that all goads 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 Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations rationed 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 fmm all costs and damages suffered by the Purchaser as a result ofthe 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 other parry. 10. TITLE. The Seller nanonts full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agrament free and clear of any and all liens, restrictions, reservations. sarnity interest encumbrances and 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 of such 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 ofsuch party. 'fhc Seller's cmdradual obligations. including warranty, shall not be deemed to be reduced. in any way, because such work is perforated or caused to be performed by the Purchaser, 14. PATENTS. Whenever the Seller is required to use nny 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 snit held to constitute infringement and the rise of said equipment or part is enjoined, the Seller shall, at its own expense and at its option citha procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but ma infringing equipment or modify it so it becomes noninfnaging. 15. INSOLVENCY. If the Seller shall become insolvent or bnnkmpt, make an assignment for the benefit of creditors. appoint a receiver or orient, for any of the Sellers property Or business, this order may forthw'i th be canceled by the Purchaser without liability. M. GOVERNING LAW. The definitions afterms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be comtmed 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 sen ices of Sellers Rclumsentatiec(s), on the premises of others. 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 Sellers final completion and acceptance, complete the work at Sellas own expense and to the satisfaction of the Purchaser, When materials and equipment arc furnished sty others for installation or erection by the Sella. 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 furnished by the Seller under the order. 18. INSURANCE. The Seller .shall. at his own expense, provide for the payment ofworkas compensation. including Occupational disease benefits to it employees employed on or in connection with the work covered be 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 insurance whb bodily injury and death limits of at Icnst 5300.000 for any one person. S504000 for any one accident and property damage limit per accident of 540q(M. 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 Seller shall furnish the Purchaser with a certificate that such compensation and insurance have ban provided. Such certificates shall specify the date what 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 Sella hacby assumes the atim responsibility and liability for any and all damage. loss or injury ofany kind or nature whatzacvcr to parsons or pmpeny caused by or resulting from the execution ofthe work provided for in this purchase Ostler or in connection herewith. The Seller will indemnify and hold harmless the Pnrchascr and any or all of the Purchasas officers, agents and employees form and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or pmperry to which the Purchaser may he put or subject by reason of any act, action, neglect. omission or default on the pun of the Set let, 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 its Or their officers, ,gems or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend the ,me at the Sellers own expense, to pay any and all costs, charge, attorneys has and other expenses. any and all judgments tint may be incurred by or obtained against the Pnrchascr Or any of its or their officers. agent, or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or Obtained against the pmpcny of the Pnrchascr, or said panics in or as a result of such snits Or other proceedings, the Seller will at Once came the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards neoessary 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 roles and regulations issued pursuant thereto. Revised 03/2010