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HomeMy WebLinkAbout470501 MERCURY TECHNOLOGIES OF MINNESOTA - PURCHASE ORDER - 9121125City of Fort Collins Date: 02/23/2012 PURCHASE ORDER PO Number Page 9121126 1of2 This number must appear on all invoices, packing slips and labels. Vendor: 470501 Ship To: ELECTRIC UTILITIES MERCURY TECHNOLOGIES OF MINNESOTA CITY OF FORT COLLINS 1110 HOLSTEIN DR NE 700 WOOD ST PINE CITY Minnesota 55063 FORT COLLINS Colorado 80521 Delivery Date: 02/23/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price CFL Recycling - Batteries Plus 1 LOT LS 900.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Tern$ and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exempt ions. Fly statute the City of Fort Collins is exempt from state nowt local taxes. Our Exemption Number is 11. NONWAIVER. 95-04502. Federal Excise Tax Exemption Cerifieam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to jnaisl upon strict performance of the terns and conditions hereof failure or delay to Internal Rev may, Denver, Colorado (Ref. Colorado Revised Statutes 1073. 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 ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the wmmntics or obligations of this purchase order and shall not he deemed a waiver of any right of the danmge in transit, may be returned to you for credit and are not to be replaced except upon mccipt of written purchaser to insist upon .strict performance hercofor any of its rights or remedies as many such goods, regardless instructions from the City Of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purport OF and mndi Firm on or rescission of Ih is purchase order by the Purchaser operate as a waiver of any of the toms Inspection. GOODS arc suhieet to the City of Fort Collins inspection ran m-rmvil. hereaf. Final Acceptance. Receipt of the mcmhandiw, services or equipment in response to this order can result in 12. ASSIGNMENT OFANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins However. it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antilmst ACCEPTANCE is dependent upon completion ofall applicable required inspection proccdores. violations are 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 must be F.O.B., City of Fort Collins, Will Wood St.. Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges rclating to the pznieulzr goods or servieas otherwise specified on this order. If prnnission js given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase Orden bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacmrers have distributing points in various parts of the country. shipment is expected from the nearest distribution point to dcstinntion, and excess freight will be deducted from Invoice When shipments im made fmm grater distance. Permits. Seller shall procure rat sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and nines 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 v.do,. Seller further 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 onlinznces. mlcs and requirements. Anthoriv tion. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the tcmw and canditions stated herein set forth and any supplcmcntara or additional terms and conditions annexed hereto or incorporated hcrcin by reference. Any additional or different terms and conditions Proposed by seller are ohjeeted 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 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 of partial late deliveries, shall operators 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 .ad holding the Seller liable fro damages. flowerer, the Seller shall not be liable for damages a, a result Of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of Gaud, acts of civil Or military authorities, gowemmcntal priorities, fines, strikes Floyd, epidemics. Wars or riots provided that notice of the conditions causing such delay is given to the Purchaser Within five (5) drys of the time when the Seller Furst received knowledge thereof. In the event of any .such delay, the date of delivey shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. q'he Seller warrants that all grads, articles materials and Work covered by this order Will confnna With applicable drawings, specifications. samples and/or other descriptions given, will be fit 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 agree. to hold the purchaser harmless from any Ins, damage or expense Which the Purchaser may softer or incur on account of the Seller, breach of warrnty. The Seller shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within can (1) year or within such longer period of time as may be prescribed by lase or by the terms of any applicable winnow provided by the Set let after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed). resulting farm imperfect or defective Work done or materials firm island by the Seller. Acceptance or use of goods by the Purchaser shall not consti tote a waiver ofany claim under this wam. my. Except is otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages prmimmdy caused by the breach of any of the foregoing Warranties or guarantees, but such liability shall in no event include loss Of Profits Or In,, 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 tcmt by Written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tears, including additions In or deletions front the quantities Originally Ordered in the spceilmminns Or drawings, by werbnl or written change under. If any such change affects the amount due or the time ofperfomanec hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change under, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any wark or materials then in progress fronded that the Purchaser 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 an such adjustment be made in favor of the Seller with respect many goods which arc the Sellers 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 most be asserted Within thirty (30) days fmm the date the change or Iemtiontion is Widercd. R. COMPLIANCE WITH LAW. The Seller warrants that all gaol sold hemander shall have been produced, sold, delivered and famished in Slrjer compliance with all applicable laws and regulations to Which the goods are subject. The Seller shall execute and deliver such documents is 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. l'he 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 parry shall assign, transfer, or convey this order, or any monies duc or to bcco is due hereunder without the Print written consent of the other parry, 10. TITLE. The Seller ,,atoms fall, clear and unrestricted title to the Purchaser for all equipment. materials and items finni,hcd in performance of this agreement, free and clear of any and all liens, restrictions, rescn ations, security interest encumbrances and claims of others. I A. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconfomning or defective goods by a date to be agreed upon by the Purchiser ind the Seller, and the Seller thereafter indicates its inability Or umwillingneu to comply, the Purchasc, may cause the Work 10 be Perfumed by the most expeditious means available to it, and the Seller shall pay all costs associated W ith such Work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting farm, the perforancc of such Work. This release shall apply even in the event of fault of negligence of the parry rd,,,cd and shall extend to the ditecmrs, off,co and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be devoted to be reduced. in any way', because such Work is performed or caused to he performed by the Purchaser. 14. PATENTS. 0.'henerer the Seller is required to use any design, device, material or pmecss cmcrcd by letter, patent, trademark or copyright, the Scllcr shall indemnify and vvc hurnles the Purchaser from any and all claims for infringement by reason of the use of such Patented design, do,ice. 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. but case said equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of mid equipment or part is enjoined, the Seller shall, at its own expense and at its option. either pecan, for the Purchaser the right to continue using said equipment or Pans, apince the same With substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or hankmpt, make an assignment for the bcncfit of creditors, appoint a mcciver Or trustee for any of the Sellers pmperty or business, this order may forthwith be canceled by the Purchaser Without liability. 16. GOVERNING LAW. The dennninns Of Mims used Or the interpremtion of the agreement and the rights of ill ponies hereunder shill he construed under tom governed by the lags of the State of Colamda. USA. The following Additional Conditions apply only in cases Where the Seller is to perfomr work hereunder. including the senices Of Scllcrs Represcnmtive(s), on the premises ofothes. 17. SELLERS RESPONSIBILITY, The Scllcr shall eirry on said wink at Seller's town risk until the same is fully completed and accepted, and shall, in ease of any accident, destruction or injury to the work and/or materials before Sellers Final completion and iccepmnce, complete the work at Sellers own expense and In the satisfaction ofthe Purchaser. When materials and equipment are famished by Others for installation or erection by the Seller. the Seller shall receive, unload. store and handle sums at the site and became responsible therefor as though such materials and/or equipment were being furnished by the Scher 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 lases of the slate 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 hudily injury and death limits of at Icmt $300,000 for any oar. person. $500,0 0 for any One accident and Property damage limit per accident of S400,000. The Seller shall likewise require his eantraaors, if nay, to provide far such compensation and in ance. Before any of the Seller, or his contractors employees shall du any Work upnn the premises of others, the Seller shall furnish the Purehiser 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 compensilion 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 responsibility and liability far any and all damage, loss or igjury Of any kind or nature whatsoever to persons or property caused by or tes lting from the execution of the work Provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmlcss 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 property to Which the Purchaser may be pat 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 Sellers or contractors officers, agent or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employee, at any time on account or by reason of any net, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agent or employees as aforesaid, the Seller hereby agrees to assume the defense thereof arced to defend them.. it the Sellers own expense. to pay any and all costs, charges, attorneys fees and other expenses, any and ill judgments that may be incurred by or olemacd against the Purchaser or any of it or their Officers, agents Or employees in such snits Or Other proceedings and in ease judgment or other lien he placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsa ch snits or other pmccings, the Seller will at once cause the vac to he dissolved and discharged by giving band 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 Taus and regulations with regard to safety including, but Without limitation, the Occupational Safety and Health Act of 19W0 and all mlcs and regulations issued pursuant therein. Rcwiscsl 03/2010