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HomeMy WebLinkAbout159057 ULTRAMAX AMMUNITION - PURCHASE ORDER - 9120884PURCHASE ORDER PO Number Page City of 9120884 1 of 2 Flirt Collins This number must appear ,I\V`I ` on all invoices, packing slips and labels. Date: 02/10/2012 Vendor: 159057 Ship To: POLICE DEPARTMENT ULTRAMAX AMMUNITION POLICE SERVICES 2112 ELK VALE RD 2221 TIMBERLINE ROAD RAPID CITY South Dakota 57701-8526 FORT COLLINS Colorado 80525 Delivery Date: 02/10/2012 Buyer: ED BONNETTE Note: PRICING PER STATE OF COLORADO PRICING AGREEMENT #68004YYY21P. TRAINING AMMO; PLEASE SHIP TO ATTN: SGT KENT ROBINSON, CONTACT #(970)221-6832. Line Description Quantity Ordered UOM Unit Price Extended Price 1 53652 40 cal 180 FMJ 1 LOT LS 9,800.00 50 cs @ $196/cs 50,000 rounds 2 223R10P 223 62Gr FMJ 1 LOT LS 15,750.00 50 cs @ $315/cs 50,000 rounds 3 53375 125Gr .40cal frang 1 LOT LS 16,250.00 50 cs @ $325/cs 50,000 rounds 4 223RF1P 42Gr frang remanuf 1 LOT LS 2,600.00 20 cs @ $130/cs 4,000 rounds Total $44,400.00 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 Il, 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 Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Stabiles 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 of or 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 retumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to anv such goods. rcgnrAess inetnmtions from the City of Fort Collins of when shipped. received or ncceptcd, as to any prior or subsequent default heretmder. nor shall Tire purported coal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the term, Inspection. GOODS arc subject to the City of Fort 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 part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Cram antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact borne 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 hereafter Freight Terms. Shipments must be F.O.B., City of End Collins. 700 Wood St.. Fort Collins, CO 80522, unless acquired under federal or state nntitmst laws for such overcharges minding 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. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser direct the Seller to correct nonconforming or defective goods bya date to be agreed upon by the expected from the neatest distribution point to destination, and excess freight will be dedumed from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessity permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly coreuiluted public authority having jurisdiction over the work of vendor. Seller farther agrees to hold the City of For Collins hamdess from and against all liability and Ins, incurred by them by reason of an asserted or established vinlation of any such laws regulations, ordinances. rules and requirements. Authentiation. All parties to this contract agree that the representatives are. in fact, bona fide and possess fill and complete authority to bind said parties. 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 bane and conditions proposed by seller are 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. Dcbsuy and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Porchascr, including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpl sing this order elsewhere and holding the Seller liable for damages. ffowcYep the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its rca,onable central and without it, fault ofacgligenea, such acts of God, acts ofcivil or military authorities, governmental priorities, rims, strikes. fond, epidemics, wars or riots provided that notice of the conditions causing such delav is given to the Purchnscr 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 of the delay. 3, WARRANTY. The Seller warrants that all golds, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be Bt for the purposes intended, and Performed with the highest degree of cam 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 wamnty. The Seller shall replace, repair or make good. without cost 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 terms ofany applicable womanly provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably ddayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchnscr shall not constitute a waiver ofony claim under this wamnty. 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 at loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAI. 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 toms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or ss,iucn change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. fi. 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 a, to any work or materials then in progress provided that the Purchnscr 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 be made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any 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 temminatton is ordered. 8. COMPLIANCE WITH LAW. The Seller warra e, that all goods said 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 unimproved in agreement of this character are hereby incorporated heroin by this reference. The Seller agrees to indemnify and hold the Purchaser hammlcss from all costs and dxmnges suffered by the Purchaser as a result of the Scllcrs failure to Temple with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller wamnts full. clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfomanee 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 Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofs rh work. _ This release shall apply even in the went of fault of negligence of the party released and shall extend m the directors, off ecrs and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to he reduced, in any way. becmusc such stork is performed or caused to be performed by the Porchascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patan, 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 Purchaser friary cost. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution nr after the completion of the mark. In case said equipment, or any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or part 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 noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchz,er without liability. 16. GOVERNING LAW. The definitions oftcmms used or the interpretation ofthe agreement and the rights ofnll parties hereunder shall be constmcd under and govemed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall arty on said work at Seller's own risk until the same is folly completed and accepted. and shall. in case of any accident, destmction or injury to the work and/or materials before Seller', final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are banished by others for installation or erection 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. 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 eoverexl by this purchase order. and/or to their dependents in accordance with the laws of the ,into 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 bodily injury and death limit of at least SIOM,010 for say one pv,cn. 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 Sellers or his contractors employees shall do any work upon the premises ofothcrs, the Seller shall furnish the Porchascr with a certificate that such compensation and insurance have been provided. Such eertificates shall specify the date when such conmpensation and insurance have been provided. Such certificates shall specify the date when such compensation and imarTace expires. The Scllcr agrees that such compe cation and insurance shall be maintained until after the entire work is compteted 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 Fl,.an, or property eno,ed by or resulting from the execution ofthe work provider) for in this purchase order or in connection herewith. The Scllcr will indemnify and hold hnmde,s 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, whether direct or indirect. and whether to persons or property to which the Purchnscr mnv be put or subject by reason of any act, action, neglect omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmeeedings 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 arm of its or their offiects, 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 nit judgments that may be incurred by or obtained agninst the Purchaser or any of it or their officers, agents or employees in such suits or other pmccedings, 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 ofsuch suit 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 precaution,, furnish and install all guard, 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 odes and regulations issued pursuant thereto. Revised 03/2010