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HomeMy WebLinkAbout429866 ADAMSON POLICE PRODUCTS - PURCHASE ORDER - 9120966PURCHASE ORDER PO Number Page City Of 9120966 1 of 2 ' `t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 02/15/2012 Vendor: 429866 Ship To: POLICE DEPARTMENT ADAMSON POLICE PRODUCTS POLICE SERVICES 3772 PURITAN WAY #15 2221 TIMBERLINE ROAD FREDERICK 80516 FORT COLLINS Colorado 80525 Colorado ,� t2 . )pr � 1 r �s Delivery Date: 02/14/2012 Buyer: ED BONNETTE Note: PER QUOTE TO SGT. DAN MURPHY DATED FEB 9, 2012. PLEASE SHIP TO ATTN: DAN MURPHY; CONTACT #(970)416-2660. Line Description Quantity Ordered UOM Unit Price Extended Price 5 Safariland Cover 6 Tact Vest 1 LOT LS 12,335.00 per quote 2/9/2012 Total $12,335.00 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City rd Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry S4-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tens and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or rcmedics 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 ofany right of the damage in transit, may be remained to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hermfor any affix rights or remedies as to any such goods, regardless instructions from the City ofFort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection GOODS are subject to the Citv of Fart Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respmrce 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 he undemood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitnrst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedurt 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 Terns. Shipments must be F.O.B., City of Fart Collins, 700 Wood St.. Fort Collins, CO 90522, tmless acquired tinder federal or state antitnrst 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 acquirer) 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 manufachtrem have distributing points in various parts of the couture, shipment is If the Purchaser directs the Seller in correct nonconforming or defective goods by a date to be agreed upon by the expected front the nearest distribution point to destination, and excess freight will be deducted 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 pav all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses requited by all applicable laws, regulations, ardinances 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 hnther agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of on asserted or established violation of any such Imes, regulations, ordinances. rules and requirements. Authorization. All parties to this contact agree that the representatives are, in fact, horn fide and possess Full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition, stated herein set Santa and any supplementary or additional terms and conditions annexed hereto or incerrxmnted hcrcin by reference. Ana additional or different tens and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT intmedirt if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the 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 ofpanial late deliveries. shall operate as a waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable rcmedics, the option afplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of ddayn due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acts dCGod, acts ofeivil or military authorities, governmental priorities, fires, strikes. Rood, 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 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 of 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 agrees to hold the purchaser harmless from are Idc, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waormy. The Seller shall replace, repair m make good, w ithani cost to the purchaser. any defects or faults arising within are (I) year or within such longer period of time as may be prescribed by Imv 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 of defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim antler this warn. mv. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all enforces proximately caused by the breach of anv of the foregoing warm. nties or guarantees, but such liability shall in no event include loss ofprofits 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tens. other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal o vntten change order. If any such change affects the amount due or the time ofperommence hereunder, an equitable P&Tm cat 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. object to any equitable adjustment between the panicx 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 unconnpleted portion ofthe 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 .it, which are 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 thin (30) days from the date the change or termination is nrdeecd. 8. COMPLIANCE WITH LAW. The Seller wants that all goods sold hereunder shall have been produced, sold, delivered and furnkl cd in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such document, as may be required to effect or evidence compliance All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form 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. 10. TITLE. The Scllcr wants fall, clear and unrestricted title to the Purchaser for all equipment. material, and items furnished in performance of this agreement free and clear of any and all liens. restrictions, reservation, security interest encumbrances and claims ofethers. The Seller shall release the Purchaser and its contractors ofany tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in The event of fault of negligence of the pony released and shall extend to the dircctars, officersand employees of such party. The Scller's contractual obligations, including warranty, shall not be deemed to be reduced, in any away. 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 porcesc covered by letter. parrot, trademark or copyright. the Seller shall indemnify and save hamdesc 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 m 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 use of the goods, is in such suit held to constitute infringement and the use of said equipment or pun is enjoined, the Seller shall, at its own expense and at its option, eilhm procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it sit it becomes noninfringng. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or moacc for any of the Sellers property or busing s, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions often, used or the interpretation ofthe agreement and the rights of all panics hereunder shall be crowned ander 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 Sellers Reprexcr ntive(s), on the premises of others. IT 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, destruction or injury to the work and/or materials before Seller', final completion and acceptance, complete the work at Seller's own expcn,c and to the satisfaction of the Purchaser. When materials and equipment are fomished 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 fomished by the Scllcr under The order. 19. INSURANCE:. The Seller shall, at his awn expanse, 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 he done. The Seller shall also carry comprehensive general liability including, but not limited to, contmemal and artmmabile public liability insurance ,with bodily ininry and death limits of m lean S300,000 for any one permn. 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 ofthcrs. the Seller shall furnish the Purchaser 'with a ecnifieatc that such compensation and insurance have been provided. Such eenificates shall specify the date when such compensation and insurance have been provided. Such ecnifieatc, shall specify the datewhen such compensation and insurance expires. The Seller 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 of anv kind or nature whatsoever to person, or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hnrmlcs the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses. damages, charge or expenses, whether direct or indirect, and aheher to persons or property to which the Purchaser may he pm or subject by reason of any act, action, neglect omission or default on the part of the Scllcr, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any suit or other Proceedings shall be brought against the Rrchrser. or its officers, agents or employees at any time on account or be reason of any act, action, neglect, omisaian or default of the Seller of any of his contractors or any of its or their oFliecrs, agents or employees is aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the mice at the Scllcrs own expense, to pay any and all costs, charges, attomeys fee, and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their effects. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser. or said parties in or as o result of such 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, furnish 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 Safetyand Hcnith Act of I910 and all mlcs and rcgulations issued parsnant thereto. Rcvi,crl 0312010