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HomeMy WebLinkAbout130929 IKON OFFICE SOLUTIONS - PURCHASE ORDER - 9120874PURCHASE ORDER PO Number Page City Of 9120874 1 of z ' `t Collinshis number must appear 1 1 on all invoices, packing slips and labels. Date: 02/10/2012 Vendor: 130929 Ship To: CITY CLERK IKON OFFICE SOLUTIONS CITY OF FORT COLLINS 810-820 GEARS RD 300 LAPORTE AVE HOUSTON Texas 77067 CITY HALL WEST - 1ST FLOOR FORT COLLINS Colorado 80521 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 CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity Ordered UOM Unit Price Extended Price Copier Maintenance Agreement 1 LOT LS 2,500.00 2012 Estimated Charges for Canon ImageRunner C3220 Color / Black & White Copier Serial # JNC15858, IKON ID# 10628146 Location: City Clerk Office, 300 LaPorte Ave., Fort Collins, CO 80521 Copy Cost: Black & White-$.009 each, Color-$.095 each No monthly guaranteed minimum copy volume. Service Plan (Silver Level) includes all supplies, except paper and staples. 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 Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04562. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfomancc of the toms and conditions hereof, failure or delay to Internal Rcvenuc, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided hcrcin or by law, failure in 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 GoMs Rejected. GOODS REJECTED due to failure in meet specification, 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 hercofor any ofiu rights or remedies as to any such good, regardless instructions from the City of Fort Collins. of when shipped. received or accepted, as to any prior or subsequcnl default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any Of the toms Inspection. GOODS arc subject to the City of Fon Collins inspection on arrival. hem.E Final Acceptance. Receipt of the merchandise, services or equipment in responc to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Hoorver. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. ovcmhvgee resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Thcnerofnne, 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 Terns. Shipments mat be F.O.B., City of Fort Collins 700 Wood St.. Fen Collins. CO 50522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If pconission 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 he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufaemrcrs have distributing points in various parts of the country, shipment is If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the manes.t distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance, may cause the work to be performed by the mast expeditious means available to it, and the Seller .shall pay all costs associated with such work. Permits. Scllcr shall procure at sellers sole east all necessary permits, certificates and licenses required by all applicable laws, egulatinns, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed. or roqudred by any Other duly constituted public authority having jurisdiction .ter the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and Ions incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules and requirements. Authmintion. All parties to this customer agree that the repmsentatives arc, in fact. bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated herein set forth and any supplementary Or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms 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 promised delivery date as noted. Time is of the essence. Delivery and perfomancc mat he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance Of partial late 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 equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Ilmvcver, the Seller shall not be liable for damages as a result of delays due to causes not mmonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, food, epidemics wan 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 actually lost by reason ofthc delay. 3. WARRANTY. The Seller warrants 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 standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from uny lose damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. 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 he prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance Or use of goads by the Purchaser shall not constitute a waiver of any claim under this womanly. Except as othcm'iac provided in this purchase order, the Scllcr liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guamntccs, but such liability shall in no event include loss of profits ar loss of use. NO IMPLIED WARRANTY OR hI ERCHANTABILITY OR OF FITNESS FOR PURPOSE SIIALL APPLY. d. CHANGES I N LEGA L TERMS. The Purchaser may make changes to legal teats by written change Order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teats, other than legal moos, including additions to or deletions fmm the quantities originally ordered in the gwci ftcations or drawings, by verbal or Ontren change order. If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall he 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 work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe grads and/or work, for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with respect to any Bond which are the Sellers standard stock. No such nomination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirm (30) days form the date the change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goad sold hereunder shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable Jars 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold 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 ofthe other party. to. TITLE. The Seller sermons full, clear and unrestricted title to the Purchaser for all equipment materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofuthco,. The Seller shall oche.,, the Purchaser and its comet mrs of any tier from all liability and claims of any nature resulting fmm the perfomancc 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, ofcco, and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or pmccss covered by letter, patent, trademark or copyright, the Seller shall indemnify and sove 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. 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 part is enjoined, the Seller shall, of 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 bccoams noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmo, make nos assignment for the benefit of creditors, appoint a receiver or tnustee for any, of the Scllcrs property or business this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW, The definitions oftcrms used or the interpretation ofthe ngmement and the rights ofell panics hereunder shall be construed underand governed by the Imes of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services OfSellers Representative(s), on the premises ofothe.. 17. SELLERS RESPONSIBILITY. The Seller shall tarty On said work at Scllcr's 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 Scllcrs 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 Seller. the Seller shall receive. unload. store and handle same at the site and become responsible thcmfor as though such materials and/or equipment were being famished by the Seller under the order. IS. 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 covcmd 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 Scllcr shall also carry comprehensive general liability including, but not limited to, eonmcmal and automobile public liability insurance with bodily injury and demh limits of nos h asn S300.000 for any One person. S500,IXR1 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 insumncc. Before any of the Scllen Or his contractors employees shall do any work upon the premises of others, the Seller shall famish de Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specifythe 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 coopcnmtion 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 of any kind or nature whatsoever to persons or property caused by or resulting From the execution ofthe work provided for in this purchase order or in connection haem ith. The Seller will indemnify and hold hamlcss the Purchaser 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 pmpeny to which the Purchaser may be put or subject by mason 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 often, 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 tiny of his contractors or any of its or their often, agent or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the muc 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 lira he 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 Scllcr will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contract.. shall take all solely precautions, furnish and install all guards necessary for the prevention of accident, comply with all laws and regulatimw with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant Ihetcto. Revised 03/2010