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HomeMy WebLinkAbout172842 XEROX CORPORATION - PURCHASE ORDER - 3212344City of art Collins PURCHASE ORDER Date: 02/10/2012 Vendor: 172842 XEROX CORPORATION PO BOX 7405 PASADENA California 91109-7405 PO Number Page 3212344 1of2 This number must appear on all invoices, packing slips and labels. / Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON S�V FORT COLLINS,Colorado 80524-2 Delivery Date: 02/09/2012 Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDAI YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description / Quantity UOM Unit Price Extended / Ordered Price XEROX COPIER EXPENSES 2012 ANNUAL PO ANNUAL PO TO COVER 2012 AS INVOICED. FOR XEROX COPIERS LOCAT 1 LOT LS 30,000.00 PAYMENTS, AND ESTIMATED MAINTENANCE AND SUPPLY COSTS AT POUDRE RIVER PUBLIC LIBRARY DISTRICT FACILITIES. 9-0� Q. OAA�-Pk ae_ 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 state rind local lax c. Our Exemption Number is 98-04102. Federal Excise Tax Exemption Certificate of Registry 84-601M15R7 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39 26, 114 (r). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be resumed to van for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVFR. Failure of the Purchaser to insist upon strict performaana ofthe terms and conditions hacof. failure or dclov to exercise any rights or remedies pmrided herein or by law. failure to promptly notifv the Seller in the event of a breach, the ocaptance of or payment for good hereunder or approval of the design, shall not release the Seller of any of the wnrmntics or obligations of this purchase order and shall not he deemed a waiver of any right ofthe purchaser to insist upon strict performance harofor any of its rights or remcdics as to any such goods. regnrdicss of when .chipped, received or accepted, as to any prior or subsequent default hereunder. not shall any Purported oml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms 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 Fart Collins. However, it is to be undcm,ard that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for fond cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may nose have or hereafter Freight Tcrms. Shipments most he F.O.H.. City of Fort Collins, 700 Wood St.. Fun Collins, CO R0522, unless acquired under federal or state antitrust haws for such overcharges relating to the particular good 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 omen bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufactures have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by it date to be agreed upon by the expected farm the nearest distribution paint to destination, and excess freight will be deducted farm Invoice when Purchaser and the Scllcr, and the Seller thcr aficr indicates its inability or unwillingness to comply, the Purchaser shipments arc made farm greater distance. may cause the work to be performed by the most expeditious means mailable to it and the Seller shall p o, all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. ecrtilicatcs and licenses required by all applicable laws, regulations ordinances and mlcs ofthe state. municipality, territory or political sulxlivision where the work is performed, or required by any other duly constituted public authority having jurisdiction mar the work of vendor. Sella funM1cr agrees to hold the City of Fort Collins harmless farm and ngainst all liability and loss incurred by them by reason of an asserted or esablished violation of any such laws, regulations, ortl inenecs, rules and rcquiremems. Authorimlion. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind mid Panics. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the ,ends and conditions stated herein set forth and any supplementary or additional tams and conditions annexed hereto or incorporated herein by reference Any additional or di Bement terms and conditions proposed by seller ore objected to nod hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimcly if you canna, make complete shipment to nmwc a vane 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 documens mached fordo. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries shall operate as a waiver of this Provision. In the even, of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing 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 not reasonably foreseeable which arc beyond its reasonable control and without its fault ofneglignce. such acts of God, acts of civil or military authorities, governmental priorities, fires. strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seiler first received knowledge thereof In the event ofany such delay, the date of dclivcry shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will conform with applicable drawings, specifications, cemplc 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 agree to hold the purchaser tameless 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 Endo, arising within one (1) year or within such longer period of time as may be prescribed by Iry or by the terms of any applicable warranty provided by the Scllcr afer the (laic of acceptance ofthe goods furnished hadanda (acceptance not to be unreasonably delayed), resulting from impedes, or defective work done or materials famished by the Seller. Acceptance or use of gaads by the Purchaser shall no, constitute if waiver ofany claim under this wamnty. Except as o lucto se provided in this purchase order, the Sellers liability hacunder 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 pmfts 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 tents by written change ruler. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make anv changes to the terms other than legal terms, including additions to or deletions from the quantities originally ordered in the spedfications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfonnancc hereunder. an cgnitablc adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all pertions of the goads then not shipped, subject to any equitable adjustment between the Panic as to anv work or materials then m pmtnec pmvided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe funds and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any good which arc the Sellers standard stock. No such temminmion shall relieve the Purchaser or the Seller of any of their obligations as to any Card deliveed hadould. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asmatal within thirty (30) drys from the date the change or lamination is unclaa. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall lime ban produced, sold, delivered and furnished in stric, compliance with all applicable laws and regulations to which the goods am subject. The Seiler shall execute and deliver such documents as may be required to effect arevidcnce compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated hacin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchnsar as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign. transfer, or convey this order, many monies due or to become due hereunder without the prior written consent of the other pony. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfatmance of this agreement, free and clear of any and all liens, restrictions resco alicam. security interest encumbrances and claims of others. The Seiler shall release the Purchaser and its committees of any net 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 of the parry rcica cd and shall extend to the directors. officers and emplovees of,.xh party. The Sclld's contacaml obligations. including warranty, shall not be decmcd 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 process covered by letter, patent. trademark or copyright the Seller shall indemnify and save harmless the Purchaser farm 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 aver 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 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 anninfringing equipment, or modify it so it becomes notinfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers property or business, this order mov forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemu used or the interpretation office agreement and the rights ofall panics 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 Scllcrs Reprcsentative(s), on the premises of olhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident demmetion 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 ofthe Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seiler, 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. I R. INSURANCE. The Seller shall, at his own expense, provide for the Payment of workers auffid lion. including occupational disease benefits, In 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 slate in which the work is to he done The Scllcr shall also carry mmprehcnsivc general liability including, but not limited to, eommclual and nummnhile public liability insurance with bodily injury and death limits of m least S300,000 for any one person, S500.000 for any one accident and property damage limit per accident of S400.00(L The Sella shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall de any work upon the premises clutters, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date a,hen 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 a0cr 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 future whatsoever to persons or properry caused by or resulting from the exertion of the work provided for in this purchase orcce or in connection herewith. The Sella will indemnify and hold harmless, the Purchaser and any or all of the Purchasers officers, agents and emplovees form and against any and all claims, lenses, 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 Sella. any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other prrecodings shall be brought against the Purchaser. or its otficas, agents or employees ut any time on account or by reason of any act, action, neglect, omission or default of the Seller ninny of his contractors or any of its or their oRcas, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the sumo at the Sellers own expense to pay any and all costs, charges, anomeys fees and other expenses, any and all judgments that may be insured 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 parties in or as a result of such suits or other proceedings. the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his commanders shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with nil 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 fl acto. Revised 0312010