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HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9120994City of / 00' t Collins Date: 02/16/2012 PURCHASE ORDER PO Number Page 9120994 1 of 2 This number must appear on all invoices, packing slips and labels. Vendor: 496440 Ship To: NEIGHBORHOOD & BUILDING S XEROX CORPORATION CITY OF FORT COLLINS C/O LEWAN & ASSOCIATES INC 281 N COLLEGE AVE 100 S CLINTON AVE XRX2-40A FORT COLLINS Colorado 80521 ROCHESTER New York 14644 Delivery Date: 02/15/2012 Buyer: DAVID CAREY Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 DRC Xerox W7556P 1 LOT LS 5,000.00 Lease/purchase @ $355.76/mo 2 DRC Xerox W7556P 1 LOT LS 6,000.00 Copy Charges @ est 500/mo 3 BI Xerox WC5330PT 1 LOT LS 2,000.00 Lease/purchase @ $155.31/mo 4 BI Xerox WC5330PT 1 LOT LS 1,200.00 Copy Charges @ est 100/mo Total $14,200.00 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 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fon Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84.OW597 is registered with the Collector of Failure of the Purchaser to insist open strict perfomancc of the tans and conditions hereof, failurc or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Starnes 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 of the design, shall not release the Seller of Gods Rejected. GOODS REJECTED due to failure to meet .specification, either when shipped of due to defects of any of the ornamics or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in mrew. may be renamed to you for credit and arc not to he replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such fonds, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall tiny purported and modification or rescission of this purchase order by the Purchaser operate as a waivcr of any of the terms Inspection. GOODS are subject to the City of Pon Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can insult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Pon Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection pmecdums. violations arc in fact home 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 most be F.O.B.. City of Fort Collins. 700 Wood St. Fort Collins, CO R0522, unless acquired under federal or state antitrust laws 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 order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuficmrem have distributing points in stream pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Seller thercafier indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the rant expeditious means mailable to it and the Seller shall pry all costs ossucimcd with such weak. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Iays, regulations. ordinances and rates of the state, municipality, territory or political subdivision where the work is performed. or regtnerd by any other duly constituted public authority having jurisdiction over the weak of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by mason of an asserted or established vinlation of any such laws, regulations, ordinances. miles and requirements. Authorization. All parties to this concoct agree that the representatives arc, in fact, bona fide and passess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions ,rated herein set forth and any supplementary or additional terms and conditions annexed better, or incorporated herein by reference. Any additional or different it., and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment m arrive on your promised delivery date as noted. Time is of the manse. 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 prevision. In the event ofany 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 for damages. However, the Seller shall not be liable for damages as a result of dcdays due to causes not reasonably foreseeable which are beyond its reasonable contml and without its fault ofnegligcoce. such acts ofGd. acts ofeivil or military authorities, governmental pdoritics, finis, 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 first received knowledge thereof. In the event of any such delay, the dare of delivery shall he extended for the paid equal to the time actually lost by reason of the delay. I. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perfumed 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 wamnty. The Seller shall repluce, 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 worm my provided by the Scllcr after the date of acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Scllcr. Acceptance or use of goads by the Purchaser shill not constitute a waiver array claim under this warm my. 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 w:rmntics or guarantees, but such liability shall in no event include loss of profits or loss of nsc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal term by written change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dmwings, by verbal or wrinen change order. If any such change affects the amount due or the time of pnformance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, tcminate his agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment betwceir he parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims fro 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 arks Seller with respect to any goods which arc 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 assented within thirty (70) days fmm 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 famished in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he 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 ninnies due or to become due hereunder without the prior written consent of arks other party. 10. TITLE. The Seller warrants full. clear and unrestricted title to the Purchaser for all equipment. mmerials, and items Pornishsd in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims nothers. The Seller shall mlcasc the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall cxtendto the dimeturs, officers and employees ofsuch parry. The Seller's contractual obligations. including wamnty, shall not be devoted to be reduced. in any way, because such work is performed in 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 sevc hamlcss the Purchaser front 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 ofsuch infringement at any time during the prosecution or n0cr the completion of the work. In ease 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 mid equipment or pan is enjoined, the Seller shall, at its men 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 becomes annial inging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bcncfit of creditors, appoint a waivcr or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of toms used or the interpretation of The agreement and the rights ofnll panics hereunder shall be construed under and governed by the laws ofthc State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perfoon work hereunder, including the services of Sellers Repmsentative(s), on the premises efothers. 17. SEVERS RESPONSIBILITY. The Scllcr 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 Sellers final completion and acceptance. complete the work at Sellers earn 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 sit, and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. 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 bodily injury and death limit ofar I ... I S?UgWO fro any are Person, 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 fethers, the Seller shall burnish the P,mhoscr 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 eompeounion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained amil 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 to persons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlcss the Purchaser and any or all of the Purchasers effects, agents and employees berm 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 Scllcrs or contractors officers. agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its effects, 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 any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same al the Sellers own expense, to pay any and all costs. charges, anoneys fees 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 pmccdings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other paned ings. the Seller will at once cause the same to be a issoked and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. furnish and install all guards accessmy for the pmvcnlion of accidents comply with all laws and regulations with regard to safety, including, but withn d limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010