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HomeMy WebLinkAbout250572 SCHINDLER ELEVATOR CORP - PURCHASE ORDER - 9120511City of art Collins Date: 01/27/2012 Vendor: 250572 SCHINDLER ELEVATOR CORP PO BOX 93050 CHICAGO Illinois 60673-3050 PURCHASE ORDER PO Number Page 9120511 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 01/26/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Elevator maint & repair for 2012. Per P1140, its associated agreement and change order #1-2009. 3% increase in November 2011. 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 Total Invoice Address: 41,318.04 $41,318.04 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terins and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stain a the City of Fon Collins is exempt from state and local taxes.0ur Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe tcmus and conditions hereof. faihne 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 Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe 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 ofthe w'arrantics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be rcmmed to you for credit and am not to be replaced except upon receipt of arinco purchaser to insist upon strict performance hercofor any of its rights or remedies as many such goads, regardless instruction From the City argon Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder. nor shall any purported and 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 ofFort 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 pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, averharmes resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact hame by the Purchaser. Theretofore, for good cause and as consideration for executing this purchnsc order, the Seller hereby assigns to the Purchaser any and all claims it mny now have oohercaner Freight Terms. Shipments most be F.O.B.. City of Fan Collins, 700 Wood St., Fort Collins. CO 90522. 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. Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is expected from the nearest distribution point to destination, and excess freight will be deducted form Invoice when shipments are made from greater distance. Permits Seller shall procure at sellers sole cost all accessary permits, certificates and licenses required by all applicable laves, regulations, ordinances and rules of the state, municipality, tertiary or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vender. 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 lavers, regulations, ordinances, miss and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by mfiemme. Any additional or different terms and conditions proposed by seller arc objected to tad 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 ofthe 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 ofpart late deliveries, shall operate as a waiver ofthis provision. In the event ofany 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 be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and aithmn its fault of negligence. such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Bond, epidemics. vents 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 actnlly lost by reason of the delay. 3. WARRANTY. The Seller warfare; 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 agams to hold the purchaser ham less from any Ines, damage or expense which the Purchaser may suffer or incur on account of the Sellers; breach of waranty. The Scllcr shall replace, repairer make good, without cast 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 tems ofany applicable warranty provided by the Seller after the date of acceptance ofthe goods furnished hounder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done ar materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty, 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 wamntics or guarantees, 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 wrincn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchases may make any changes to the terns, other than legal terms. including Mditions to or deletions from the qumffvs originally arrived in he specifications or dmwings, by verbal or wrincn change after. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall he made. b. 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 patties as to any work or materials then in progress provided that the purchaser shall and 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 good which am the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller ofany 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. R. 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 good 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 Pureha sor harmless from all costs and damages suffielmd 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 withent the prior waitea consent of the other Party. 10. TITLE. The Sellerwarans 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 cncumbmaces and claims of ethers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agned upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs nssecimod with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature assailing from the performance ofsueh work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the dimeters, niecesand employees of such pant. The Seller's contactual 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 pmcess covered by letter, 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 pmcess 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 rase of the goods, is in such snit 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 for 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 bceomcs noninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors. appoint a mccivcr or tmstec for any of the Sellers property or business, this order mny forthwith he canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions oftcrms used or the interpretation of the agreement and the rights ofall panics hemander shall be construed underand governed by the laws afthe State of Calondo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllers Representative(.,), on the promises ofethers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work it Seller's own risk until the same is fully completed and accepted, and shall. in ease 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 and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, Indeed, store and handle same at the site and become responsible therefor as though such materials and/or equipment were bang famished by the Seller ender the order, I R. INSURANCE. The Seller shall, at his own expense. provide for the payment of woders 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 work is to be done. The Seller shall also carry comprehensive geneml liability including. but not limited to, contramnal and automobile public liability insurance with hastily injury and death limit, of at least S300,000 far any ate person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller .shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his eon(memrs employees shall do any work neon the premises of others, the Seller shall Furnish the Purchaser with a cenifieam 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 insunnee shall be maintained until aner 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 whatsoever to persons or property cursed by or resulting from the execution of uhe 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 affects, agents and employees from and against any and all claims losses. damages, charges or expenses, wbriber direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason Many 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 he brought against the Purchaser. or its officers, agents or employces at any time on account or by reason ofany act, action, acglcet omission or default of the Seller ofany of his contractors or any of its or their affects. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thcrcof and to defend the same at the Scllcrs man expense, to pay any and all costs, charges, attorneys feu and other expenses, any and all judgments that may be incurred by or olnainal 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. err said panics in or as a result ofsueh 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 pnrsoant thereto. Revised 0312010