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HomeMy WebLinkAbout102572 ALTEC INDUSTRIES INC - PURCHASE ORDER - 3212281PURCHASE ORDER PO Number Page City OfCollins ��� 3212281 ' of 2 oll I ns This number must appear Flirt C` ,�-J`_' ` on all invoices, packing slips and labels. Date: 01/24/2012 Vendor: 102572 Ship To: ELECTRIC UTILITIES ALTEC INDUSTRIES INC CITY OF FORT COLLINS 641 TELLURIDE ST 700 WOOD ST AURORA Colorado 80011-7818 FORT COLLINS Colorado 80521 Delivery Date: 01/23/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2012 Blanket Order 1 LOT LS 10,000.00 Parts - Light & Power Total 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 Tenns and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-M502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict pefomanee of the terms and conditions hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Stamm 1973, Chapter 39-26, 114 to). 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 grads hereunder or approval offl a design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mod specifications, either when shipped or due to defects of any of the wnrontics or obligations of this purchase order and shall not be decreed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be "laced except upon mecipt of written purchaser to insist upon strict performance hereoforany of its rights or remedies as to any such goods, regardless insmetien from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default henamd+, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a with cr of any of the terms Inspection. GOODS are subject to the City of Fen Collins inspection on arrival. hecof. Final Acceptance. Receipt of the merchandise—wryiecs or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fen Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact home by the Purchaser. Theretofore. for Food 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 hereafier Freight Terms. Shipments must be F.O.B., City of Fen Collins, 700 Wood St_ Fon Collins CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the panicular goods or services otherwise specified an 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 pans of The country, shipment is If the Purchaser directs the Seller to ecroct nonconfoming or defective goods by a date robe agreed open by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Pumhascr and the Shceq and the Seller thcoaflcr indicates its inability or unwillingness to comply, the Purchaser shipments are made form greater distance, may cause the work to be perfomed by the most expeditions means available to it, and The Seller shall pav all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes regulations ordinances and rates of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the mark of vendor. Seller farther agrees to hold the City of Fen Collins harmless from and against all liability and less incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. odes and requirements. Authorisation. All panics to This contract agree that the representatives are, in fact, bona fide and possess fill and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sat forth and any supplementary or additional leans and conditions annexed hacto or incorporated herein by reference. Any additional or different terms and conditions purposed by seller arc objected tumid hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yet cannot make complete shipment to arrive on year premised delivery date as noted. Time is ofthe essence. Delivery and performance rent be effected within the time .stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial laic 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 cgnitable remedies the option ofplacing this order elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays due to causes net reasonably foreseeable which am beyond its reasonable control and without its fault of negligence, such acts of Gad, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics. wars or riot% provided that notice of the conditions causing such delay is given to the Purchaser within free (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of dcl ivcry shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dmaing%, specifications, samples and/or other descriptions given, will be fit for the purpescs intended, and performed with the highest degree of care and competency in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless furm any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllers breach of w'amnry. 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 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 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 wamnty. Except as mherwi c 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 guarantees, but such liability shall in no event include loss of pmfits 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 term, other than legal toms, 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 of pnfomance 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 panics as to any stark 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 to, made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or Icminalive is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all appliczblc.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 held 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 party. 10. TITLE. The Seller wamms full, clear and unrestricted title to the Purchaser 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. The Scllcr shn II rdease the Pumhascr and its contractors of any tier from all 1mbil ity and claims of any nature resulting from the perfomnnce ofsnch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees afsuch party. The Seller's contractual obligations, including tvamnty, shall not be deemed to be reduced, in any way, because such work is perfomtal 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 Pumhascr for any cast. expense or damage which it may be obliged to pay by reason ofsnch infringement at any time during the prosecution or aner the completion of The wark. 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 Seiler shall, at its own expense and at its option, either Income, for the Pumhascr the right to continue using said equipment or pans. replace the mine with substantially equal but noninfringing equipment, or modify it so it tomatoes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the hcrefl of creditors, appoint a remivcr 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 fterms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be consumed under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases whne the Seller is to perform ends hereunder, including the services of Sellers Rcprcscatative(s), on the premises efothers. 1T SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scllcr's owes risk until the same is fully completed and accepted. and shall. in ease of airy accident, destruction or injury to the work and/or materials before Scllcr', final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials .and equipment ore furnished by others for installation or erection by the Seller. the Seller shill receive unload. stare and handle wine at the site and 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 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 state in which the mark 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 err Tcaw S300,I00 fro any one orson, S500,000 for any one accident and property damage limit per accident of 5400,000. 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 pmmiscs of others, the Seller shall furnish the Pumhascr with a certificate that such compensation and insumncc have been provided. Such certificates shall specify the date when such compensation and insumncc have been provided. Such ccnificams 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 ofany kind or nature whatsoever to persons or pmperty caused by or resuling from the execution ofthc work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hornless the Purchaser and any or all of the Purchasers offcem, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpcny 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 snit 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 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 affects, ,agents an employees in such snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the propcoy ofthe Purchaser, or said panics in or as a result afsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherw'ise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of .accidents, comply with all Imes and regahnion% with regard to wfcty including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010