Loading...
HomeMy WebLinkAbout159057 ULTRAMAX AMMUNITION - PURCHASE ORDER - 9121010 (2)Fort Collins Date: 02/22/2012 PURCHASE ORDER Vendor: 159057 ULTRAMAX AMMUNITION 2112 ELK VALE RD RAPID CITY South Dakota 57701-8526 PO Number Page 9121010 of z This number must appear on all invoices, packing slips and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 TIMBERLINE ROAD FORT COLLINS Colorado 80525 Delivery Date: 02/16/2012 Buyer: ED BONNETTE Note: PRICING PER STATE OF COLORADO PRICING AGREEMENT #68004YYY21 P. SWAT AMMO; PLEASE SHIP TO ATTN: SGT DAN MURPHY, CONTACT #(970)416-2660. Line Description Quantity UOM Unit Price Extended Ordered Price s ADDENDUM TO PO 9121010 1 LOT EA INC 53652 BY $150 TO $206/CS PER EMAIL TO LANA & S.GUNDRY 2121/12. -ECB 6 ADDENDUM TO PO 9121010 1 LOT EA INC 53375 BY $160 TO $341/CS PER EMAIL TO LANA & S.GUNDRY 2/21/12. -ECB C3. Oi'le�uQ� 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: 150.00 160.00 $310.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stannic the City of Fort Collins is exempt from state and local taxes. Our Exempting Number is I I. NONWAIVER. 9R-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-00(N)587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delm; to Integral Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39.26. 114 (a). exercise any right or remedies provided herein or by primarily failure to pntptly notify the Seller in the event of a breach, the nccepinncc ofor payment for goods hereander or approval of the design, shall not release the Seller of Glands Rejected. GOODS REJECTED due to Failure to meet specifications, either when shipped or due to defects of any of the wammice or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be removed 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 rnv such goods. regardless instructions from the City of Fen Collins. of when shipped, received or accepted, as to any prior or subsequent dcfnult hercrmder, nor shall any purported am] modification or rescission of this purchase ogler by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hcreef. 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 Fort Collins However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE, is dcgcndcnt upon completing ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchnscr in and all claims it mnv time have or hereafter Freight Tells. Shipments must be F.O.H., City of Fen Collins, 700 Wood St., Fog Collins, CO 90522. nalexs acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services - othcnwisc.specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchnscr purstrant to this purchase order. bill my I accompany invoice. Additional charges for packing will net he 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 directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted Event Invoice when pnrchnscr and the Sclleq and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. care cause the work In be performed by the most expeditious means available to it, and the Scllcr shall pay ail crisis associated with such work. Pemity. Seller shill procure at sellers sole cost nil necessary 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 performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Earlier agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinmace , uric, and rcgairemcrgs. AutSnrigation. All patties to this contract agree that the representatives arc. 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 tells and conditions stated herein set forth and any supplementary or additional tans and conditions annexed hacte, or incorporated herein by reference. Any additional or different terms and conditions pmpnsed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediatch, if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and perfomance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofparial late deliveries, shall operate as a waiver fthis provision. In the event firmly delay. the Purchaser shill have, in addition to other legal and equitable remedies. the option ofp]ncing this order elsewhere and holding the Seller liable for damages. 1Imvcvcr, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmcntal priorities Ores, strikes, flood, epidemics. wars or riots provided that notice of the conditions causing .such delay is given to the Purchaser within Five (5) clays of the time when the Seller first received knowledge thereof. In the event of anv .such delay, the date of delivery shall be extended for the period equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller svamnts that all good, articles, materials and work covered by this order will conform with applicable drovings. 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., similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage err expense which the Purchaser may surf,, or incur on account ofthc Sellers breach of wamnty. The Seller shall replace, repair or make good, n'ithoti cast to the purchaser. any defects or faults arising within one (H year or within such longer perind of time as may be prescribed by Imv or by the terms of any applicable wzmnty presided by the Sellerafter the date of acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchnscr shall rim constitute a waiver ofany claim ender this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately closed by the breach crony ollhc feregoing wamntics or guemntecs, but such liability shall in no event include loss of profits 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 term, other than legal tells, including additions to or deletions from the quantities originally ordered in he specifications or drawings, by verbal or wrincn change older. If any such change affects the amount due or the time ofperfnmznce hereunder, an equitable adjustn¢nt shall he made. 0. TERM (NATIONS. The Purchaser may at any time by written change ogler, terminate this agreement as to any or all pervious of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmgress provided that the Purchaser shall not be liable for any claims for anticipated polite on the uncompleted pertion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect many good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations n, to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days (ram the data the change or terminating is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts 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 good arc subject. The Seller shall execute and deliver such documents as may be reargued to effect or c,idenoe compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hron less from all costs and damages suffered by the Purchnscr its 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 duc hereunder without the prior written consent ofthe other parry. 10. TITLE. The Seller svamnts full. dear and unrestricted title to the Purchaser for all equipment, mmerials, and items fgnishcd in pafnmanee of this agreement, free and clear of any and all liens, restrictions resenn ations, seamier interest encumbrances and claims of aliens. The Seller shall release the Purchaser and its contractors orally tier from all liability and claims Of very nature resulting front the perferntnnce afsuch work. This rcicase shall apply even in the gent of fault of negligence of the party released and shall extend In the directors. oRcers and employees ofsuch marry. The Seller's contractual obligations, including warm. my. shall not be deemed to be reduced, in any way, because such work is perfomu al 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 indcmnify and save harmless the Purchaser from any and all claims for infringement by reason writhe ase er such figured design, do icc, nratcrial or process in connection with the contract, and shall indemnify the Purchaser for nay emL cxpcnsc or damage which it may be obliged to pay by reason of such infringement at any lime during the persecution or liner the completion of the work. In case said equipnout. or any pan thereof or the intended use of the goods. is in such suit held to eonsiicam infringement and the live of said equipment or pun 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 part, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the seller shall become insolvent or hankrept, make on assignment for the benefit of creditors. appoint a receiver or trustee for any of the Scllcrs property or business, this order may forthwith be eanceic l by the Purchaser without liability. 16. GOVERNING LAW, The definitions arteries used or the interpretation of the agreement and the rights of all panics hereunder shall be consmted under and governed by the laws ofthe State of Colomdn. USA. The following Addition.,] Conditions apply only in cases where the Seller is to perform work hereunder. including the scmiecc of Scllcrs Representativc(s), an the premises ofethers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said walk at Seller's own risk until the same is fully completed and accented. mu] shall, in case of any accident. destruction or indury to the work andlor materials before Seller's final compleflue mud acceptance, complete the work m Seller's own expense and to the satisfaction ofthe Parchnser. When materials and equipment arc furnished hp others for installation or erwlion by the Seller, the Seller shall receive unload. store and handle same at the site and become responsible therefor as though such materials anchor equipment were being furnished by the Scllcr under the order. 19. INSURANCE. The Seller shall, at his own cxpcnsc provide for the payment of awfl crs compensation. including occupational disease bcncfts m it cntp]oyces employed on or in connection with the work covered by this purchase order. andlor 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 bnlily injury and death lira its of at Icast S300.000 for any one person. S500.000 for anv one accident and popery 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 ofthe Sellers or his contractors employees shall des any work Upon the premises archers. the Seller shall furnish the Purchaser with a eertiliente that such compmUwtion and insurance lime been provided. Such certificates shall specify the date when such emnpensmien end irtsuranee have been provided. Such ecnifieutes sha]I specify the date when such compensntian and insurance expires. The Scllcr 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 responsibi]ityand liability Flurry and nil damage. loss or injury of any kill or nacre whatsoever to persons or properry caused by err resulting from the execution ofthe stork provided for in this purchase lamer er in connection herewith. The Scllcr will indcmnify and hold harmless the Pnrchascr and any or all of the Purchasers officers, agents and employees from and against anv and all claims, lasses, damages, charges or expenses, whether direct or indiretl, 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 part of the Seller, any of his convectors. art anv of the Sellers or contractors officers, agents at employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at anv lime on account or by reason of anv act, action, neglect. omission or default of the Seller of any of his contractors or any of its or their olfic,rs. agents or employees as aforesaid, The Seller hereby agrees to assume the defense thereof ,rid to defend the snore at the Sellers own expense, to pay any and all costs, charges, atiomcys fees and other expenses, any and all judgments that may he incumd by or obtained ngainst the Purchaser or any of its or their officers, agents or entployces in such suits or other proceedings, and in cast judgment or other lien be placed upon or obtaincd.,gninsl the pntpery of the Purchaser. m said panics in or its a result ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions. famish and install all guards necessary for the prevention of accidents, comply with all laws and regulation, with rcgan] to safety including, but without ]imitation, the Occupational Safely and Health Act of 1970 and all mles and regulations issued parsmnt thereto. Revised 0312010