Loading...
HomeMy WebLinkAbout172842 XEROX CORPORATION - PURCHASE ORDER - 9120660City OfPURCHASE ORDER PO Number IPage Collins9120660 1 of 2 `t CThis number must appear J on all invoices, packing slips and labels. Date: 02/01/2012 Vendor: 172842 XEROX CORPORATION PO BOX 7405 PASADENA California 91109-7405 Ship To: NEIGHBORHOOD & BUILDING S CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS Colorado 80521 Delivery Date: 01/31/2012 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Xerox Copier Lease Payments WC4595 Copier in Atrium 1 LOT for one (1) Xerox Work Centre 4595 Copier/Printer System, Serial# FBG961008 Location: Neighborhood & Building Services @ 281 N. College Ave. Lease Term: Sixty (60) months. Base Monthly Lease Charge: $485.36 Includes: -0- B&W prints per month. Line 1 dollar amount for 12 payments. Replaces 2011 PO# 9110784 2 Estimated Print Charges for above Xerox Copier Cost per Copy: $0.006 for al I black & white (B&W) To be billed quarterly. Estimated monthly useage: 23,000 Includes all service & supplies (except paper and staples). Line 2 dollar amount for 12 months estimated charges. 2011 PO# 9110784. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 5,824.32 EA 3,175.68 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 exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tells and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 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 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 returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance h,reoforany of its rights or remedies as to any such goods, regardless instrnctinrts from the City of Fort Collins, of when shipped, received or accepted, as In any prior or subsequent default hereunder, nor shall any purported oral modification or rescission nf this purchase order by the Purehnser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fon 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, Howxs'cn it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact bame 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 hereaficr Freight Terms. Shipments most be F.O.B., City of Fog Collins, 701) 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 prnnission 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. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchascr directs the Seller to correct nonconforming or defective grods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inabil iry or unwi llialmesx to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be perforrged by the most expeditions means available to it and the Seller shall pay all costs associated with such stork. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and liccnscs 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 Fan Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, 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 acceptance 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 or different terms and conditions proposed by sellerare 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 ofmc essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance rifpanial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay. the Purchascr shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably forcsccahlc which arc beyond its reasonable control and without its fault ofnegligence. such acts of Gad, acts ofcivil or military authorities. governmental priorities, fees, strikes, Bond, 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 fast received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason oflhe delay. 3. WARRANTY. The Seller wamunts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the pugxtses intended, and perforated 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 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 0r within such longer period of time as may be prescribed by law or by the terms ofany 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 ar materials furnished 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 warranties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal tcmes by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tears, other than legal trnrts. including additions to ar deletions from the quantities originally ordered in the specifications or drawings, by verbal or writaen change order. If any such change affects the amount due or the time offinerfmmanec herea nden. an equitable adjustment shall be made. b. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any or all ponions of the goods then not shipped, subject to any equitable adjustment betwxim the parties as to any work or materials then in Progress provided that the Purchascr shall not be liable for any claims for anticipated profits era the uncompleted printing 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 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 goods arc 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 agmcments of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hnmticss farm all costs and damages suffered by the Purchascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party .shall assign, transfer, or convey this under, or any monies due or to become due hereunder without the Prior written consent of the other parry. 10. TITLE. The Seller wanents 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 Seller shall release the Pumhaser and its contractors of any tier fmm all liability and claims of any nature resulting from the per oon,"Ce 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. The Seller's contractual obligations, including warranty, shall not he deemed to he reduced, in any way, because such work is perfomed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to uec any design, device, material or process covered by letter, patent, trademark .,copyright. the Seller shall indemnify and save hnmtless the Purchaser from any and all claims for infringcmcnt 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 completing of the work. 1n case said equipment nr 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 for the Purchascr the right to continue using said equipment or pans, replace the same with substantially equal but anninfringing equipment or mmndify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make no assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this ogler may frlhwi th be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcrnis used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmed under and governed by the Imes of the State of Colorado, USA. The following Additional Conditions apply only in cases when, the Seller is to perfngo work hereunder. including the services of Sellers Represcntativc(s), on the premises ofmhcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the some 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 Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or creating by the Seller, 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 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 work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with trodily injury and death limits of at least S300,101) for any one person, S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise nation, his contractors. if any, to provide for such compensation and insurance. Before any ofthe Sellers or his cormucmrs employees shall do any work upon the premises ofothcrs, 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 cspires. The Scllcr 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 10 persons or propcny caused by or resulting Plant the execution ofthe work provided for in this purchase orderor in connection herewith. The Seller will indemnify mad hold harmless the Purchascr and any or all of the Purchasers officers, 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 Seller, any of his contractors, or any of the Sellers or contractors officers. agents or employees. In case any suit or other pmcccdings shall be brought against the Purchascr, 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 con", con; or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees In 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 Purchascr, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the sanm to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all giants necessary for the prevention of accidents, comply with all loss and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010