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HomeMy WebLinkAbout426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9121177City Of PURCHASE ORDER PO Number I Page 9121177 1 1 o12 �t Collins This number must appear {, on all invoices, packing slips and labels. Date: 02/27/2012 Vendor: 426136 MES - ROCKY MOUNTAINS 700 W MISSISSIPPI AVE BLDG E, UNIT 6 DENVER Colorado 80223 Ship To: TRAINING FACILITY POUDRE FIRE AUTHORITY 3400 WEST VINE FORT COLLINS Colorado 80521 Delivery Date: 02/27/2012 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price SCBA - Safety Officer 1 LOT LS 5,826.54 Order SO 257875-2 2/27/2012 Total $5,826.54 v 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 Order Terns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local toes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Gordy Rejected. GOODS REJECTED due to failure to mcct specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instntetinns form the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to exercise any rights or remedies provided herein or by law, failure to pmmptly notify the Seller in the event of a breach, the neeeptanec ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the commies on obligations of this purchase ndcr and shall not be deemed a waiver of any tight of the purchaser to insist upon strict performance hereafor any of its rights or remedies as to any such goods. regardless of alien shipped, received or accepted, as to mry prior or subsequent default hereunder, nor shall any puper ed atnl modification or rescission of this pumhnse oiler by the Purchaser operate R a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. nutherized payment an the pan of the City of Fort Collins. However. it is to he understood that FINAL Seiler and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase onto, the Seiler hereby assigns to the Purchnscr any and all claims it may now, have or hereafter Freight Terms. Shipments most he F.O.H., City of Fort Collins, 70n Word St.. Fort Collins CO 90522. unless acquired under federal or state antitrust laws for such n+nrcharpes relating to the particular goods or services otherwisespecified on this order. If permission is given to prepay' freight and charge sepnmtely, the original freight ptimitased or acquired by the Purchaser parsaant to lliis purchase order. bill must iccompar y invoice. Additional charges for packing will nor he accepted. 13. PURCILASERS PERFORbIANCE OF SEI.LFRS OBLIGATIONS. Shipment Distance. Where manufieturem have distributing points in various parts of the country. shipment is If the Purchnscr dirCds the Seller to correct nonconforming or defective goods by n date tube agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted (ram Invoice when Purchaser and the Scllcr, and the Seller thercaner indicates its inability or unwillingness to cnntply, the Purchaser shipmelLs me made form greater distance. may cause the work to be perfumed by the most expeditious means mailable to it, and the Scllcr shall par all casts nsaociwed with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and ales of the state. municipality, territory or political setalivision where the work is perforated, or required by nay other duly constituted public authonry having jurisdiction over the wark of vendor. Seller further agrees In hold the City of Fort Collins hamdess form and against all liability and loss incurred by them by reason affair asserted or established violation of any such laws. regulations, odimenccs, rules and requirements. Aulhnrization. All parties 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 gems and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional c r difereat lemw and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCIIASING 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 he effected within the tinm stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. wilhnut limitation, acceptance of partial late deliveries, shall opentc as 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 ad -placing this order clscwhcrc and holding the Seiler liable for damages. lbo ever. the Seller shall not be liable for damages as 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 Gad. acts ofcivil or military authorities, guvernmental priorities, fires, strikes. flood, epidemic,. wars or rims provided that notice of the conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Seller first received knowledge thereof. In the event of any arch delay, the date of ddivervv shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this odor will conform with applicable drawings, specifications, sample% and/or other descriptions given, will be fit for the purpascs intended, and Performed with the highest degree of eme and competence in accordance with accepted standards for work of a similar aware. The Seller agrees In hold the parchascr harmless from any loss, damage or expcose which the Purchaser nay suffer far incur on account of the Sellers breach of x,amnty. The Scllcr shall reptacc, repair m mnkc good, without cost to the purchaser. any deficits or faults arising .within one (1) year err within such longer pelad of time as nay he prescribed bylaw far by the terms ofony applicable warranty provided by the SCller after the date of acceptance of the goods famished hcrcundcr (aeecpa acc not to be unteasonebly dclavcd), resulting Rom imperfect or dcfcclive work done or materials famished by the Seller. Acceptance or use of gasps by the Purchaser shall not constitate a waiver of any claim tinder this warranty. Except its otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the fucgoing wmmctics or guamntces, but such liability shall in no event include lac of pro fits or loss of use. NO IPA PLI ED WARRANTY OR MERCHANTABILITY OR OF FIT MSS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LFGAL TERMS. The Purchaser may make changes to legal terms by written change aide,. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal terms, inchad ing addit inns to or deletions from the quantities originally ordered in the specifications or drawings, by cyclonic far wduen cbnngc order. If any such change affects the amount due or the time ofperformance hereunder. an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement its to any or all portions of the goods then not shipped, subject no any equitable ndjusment between the panics as to any work at materials then in progress Provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect comity good which arc the Sellers standard stock. Nn such maturation shall relieve the Purchaser or the Seller of any of Ihcir obligations as to any good delivered hercunda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adorstrient must be asserted within thirty 130) drys fort the date the change or termination is ordcrcd. R. COMPLIANCE WITH LAW. The Seller warrant, that all good sold hereunder shall hive been produced, sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All haws and regulations required in be incorporated in agmements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purehawr hnmdec from all costs and damages suffered by the Purchaser its a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall awern. transfer, or convey this ndcr, or tiny monies due or to become due Immoral without the plot written consent of the other parry. 10. TI fLE. The Seller warrant, full. clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished n performance of this agreement free and clear of any and all liens restrictions, rescoutimrs. scanty interest encumbrances and claims of others. The Seller shall release the Purchaser and its mntracturs of any tier form all liability and claims of any nature resulting font the performance ofsuch work. This release .shall apply wen in the event of fmlt of negligence of the parry released and shall extend to the directors, nficcrs and cntphayccs of such pony, The Seller's eontmclual obligations, including wammy. shall not be decreed to be reduced, in any way, because such work is Perfumed at caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmcess covered by letter, patent, trademark or copyright, the Scilcr shall indemnify mvl save harmless the Purchaser from any and all claims for infringement by reason of the nsc of such patented design, de-ice, material or pmccc in connection with the contract, and shall indemnify the Purchaser for any Cost, expcose or damage which it may be obliged to pay by reason rf Bach infringement in any time during the prosecution or afer the completion of work. In case said equipment or any pool thereof or the intended use of the goods, is in such suit held to co milute infringement and the osc of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchnscr the right to continue using said equipment or pans, replace the same with substantially equal but nnninffinging equipment or modify it so it becumcs noninfringing. 15. INSOLVENCY. If the Seller shall become insalvent or bankmpt, make an assignment for the benefit of colitnrs, appoint a receiver 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 deinitinns afterms used .,the interpretation ofthc agrecomm and the rights of all parties hereunder shall be construed undo and governed by the Imes ofthe State of Coloado, USA. 'roc following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of5ellers Reprcwntmive(s), on the premises ofbthcrs. 17. SELLERS R ES PONS 113 ILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted. and shall, in ease of any accident distinction or injury to the w'ark and/far materials before Scllcrs final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials .and equipment arc furnished by others far installation or erection by the Seller. the Seiler shall receive, oriental. store and handle same at the site and become responsible therefor, as though such materials and/or equipment were being famished by the Seiler tinder the order, I R. INSURANCE. The Seller shall, at his men expense. provide for the payment oftentimes compensation, including occupational disease herefits, 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, cnntrachial and automobile public liability insurance .via, hadily iniary unit demo lhtdls off, Feast S306,000 Far any one reran,,. S500,000 for an, one accident and property damage limit per accident of S400.000. The Seller shall likewise require his eomuncous, if any, to provide for such enntpensmion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Stich certificates shall specify the date when such eam,cavatinn and insonnec have hen Provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insuranceshall be maintained until after the entire work is completed and ucccpted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby famnncs the entire raspnnsihility and liability for any and all damage, loss or injury of env kind or nature whatsoever to persons or property caused by far resulting fear the execution of the work provided fnr in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any Or all of the Purchasers affects, agents and employees form and against any and all claims. losses, damages. cha rites or expenses, whether direct or indirect and whether to persons ar property to which the Purchaser may be put or subject by reason of any acl, action, neglect omission or default on the part of the Scllcr, any of his contractors, or any of the Sellers or contractors offmcm, agents or employees. In case any suit or other pmcecdings .sliall be brought againsl the Parchasar, or its offreers, agents or employces at toy time no account or by reason of any act, action, neglect, omission or default of the Seller of any o-his contractors or any of its or Ihcir officers, agents or employees as rfarcsaid, the Seller hereby agrees to assume the defense thereof and to defend the. ime st the Sellers own expense, to pay any and all costs, charges, ao musys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings. and in case judgment or other lien be placed upon or clammed againsl the property office Purchaser. far said panics in or as a result nlsach suits or other prrtccedings. the Seiler will at once cause the same to be dissolved and discharged by giving bond or atberw'iw. The Seller and his contractors shall take all safety precautions, famish 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 Safety and lieahh Act of 1970 cal all roles and regulations issued pursomnt thereto. Rcviscd 03/2010