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HomeMy WebLinkAbout111389 SUPER VACUUM MANUFACTURING CO - PURCHASE ORDER - 9121754PURCHASE ORDER PO Number Page City of 9121754 1 of z ' `tThis number must appear Collins1 on all invoices, packing slips and labels. Date: 0312212012 Vendor: 111389 SUPER VACUUM MANUFACTURING CO PO BOX 87 1303 E 11 TH ST LOVELAND Colorado 80539 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 03/22/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Bat 1 veh radio equip install 1 LOT LS 27,600.00 Total $27,600.00 9-m� -44-- 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 Teats and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. Be statute the City of Fort Collins is exempt from state and local taxes. One Exemption Number is PS-04502. Federal Excise Tax Exemption Certificate of Registry 94-6001 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when .shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except open receipt of written instances from the City of Eon Collins. Inspection. GOODS are subject to the City of Eon Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist open strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly muds, 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 any of the warranties or obligations of this purchase order and shall not be devoted a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, is to any prior or subsequent default hereunder, nr shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof. 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 be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. 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 cony now have or hereafter Freight Tetras. Shipments must be F.O.B., City of Eon Collins, 700 Wood St.. Fort Collins, CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or scrviccs otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquires] by the Purchascr pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 11. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manutcmrers 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 he deducted front Invoice when Purchaser and the Seller, and the Seller thereificr 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 viTeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necesmry permits. certificates and licenses required by all I applicable laws, regulations. ordinances and roles of the state, municipality, memory or political subdivision where The Seller shall release the Purchascr and its contractors of any tier from all liability and claims of rev nature the work is perforated, or required by env other duly constituted public authority having jurisdiction over the work resulting from the performance ofsnch work, of vendor. Seller further moves to hold the City of Fort Collins harmless Form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, reguations, ordinances. rules This release shall apply even in the event of fault of negligence of the party released and shall estrnd to the and requirements, directors, officer, and employees ofsuch party. Authorization. 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 Pretax and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated hemin by reference. Any additional or different ter ms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately 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 Purchnscrs including, without limitation, acceptance ofp anal late deliveries, shall operate 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 ofplacing this order elsewhere and holding the Seller liable for damages. However. 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 fink of negligence, such acts of God, acts ofeivil or military authorities governmental priontics. Gres strikes, Food, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Purchascr 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 ofthc delay. 3. WARRANTY. The Seller warrants that all .its. anidcs materials and work covered by this order will conform with applicablc 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 any loss, damage or expense which the Purchaser may suffer or incur on account undo Sellers breach of wumnty. The Scllcr slmll replace repair or make good, without cost to the purchaser. any defects or faults arising within one (I ) yen, or within such longer period of time as may be prescribed by law or by the terms ofzny applicablc warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unmasonahly delayed), resulting from imperfect or defective work done or materials Finished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver ofeny claim under this winnow. 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 warranties or guarantees. but such liability shall in no event include loss ofpni 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 tears, other than legal arms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order_ H any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wlinen change order. terminate this agreement as to any or all partners of the goods then not shipped, subject hs any equitable adjustment between the panics is to any work or materials then in prP,c,, provided that the Purchascr 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 no such adjustment he made in favor of the Seller with respect many goods which are the Sellers standard stock. No such muninntion shall relieve the Purchaser or the Seller of any of their obligations as in any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscncd within thirty (30) days from the date the change or termination is on emd. ft. COMPLIANCE WITH LAW. The Seller uvt rrants, 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 are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this misrence. The Seller agrees to indemnify and hold the Purchaser hardens from all costs and damages .suffered by the Purchaseris 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 oTinen consent of the other party. 10. TITLE. The Scllcr warrants full. clear and unrestricted title to the Purchaser for ell equipment mmcdals and items furnished in performance of this agreemen6 free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller's contmchml obligations. including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchascr. 14. PATENTS. %%'hcnever the Seller is required to use any design, device, material ar process covered by letter, patent, trademmk m copyright the Seller shall indemnify and save harles the Purchaser from Inv and all vain,, for infringement by reason of the use ofsuch patented deign, device, material or process in connection with the contract. and shall indemnify the Purchascr for any cost, expense or damage which it may he obliged to pay by reason ofsuch infringement at any bete 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 infiinuctacut and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, vatic, 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 so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankei make an assignment for the benefit of creditors. appoint a receiver a, trustee for any of the Sellers property or business, this order may fcnhw'ith he canceled by the Purchaser v.ithmn liability. 16. GOVERNING LAW. The definitions oftemss used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed under and governed by the Imes ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services i Scllcrs Representative(,), on the premises ofolhers. 17. SELLERS RESPONSIBILITY. The Scllcr shall tarty on said work at Seller's own 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 Seller's Final completion and acceptance, complete the work at Seller's oxen expense and to the satisfaction oldie Purchase. 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 site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his two 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 recordmce 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 nudity injury and dean limits ofat least S3910,000 for iny one 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 contpcnsation and insurance Before any of the Scllcrs or his contractors employees shrill do any work upon the premises of ethers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and iasumuce have been provided Such certificates shall specify the date when such compensation and insurance expires- The Seller agrees that such compensation and instance shall be maintained until aBer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage, loss m injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order -or in connection herewith. The Seller will indcnnify mad hold hamiles the Purchascr 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 Purchascr rev be put or subject by reason of any act, action, neglect, omission or defult on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors OMCCIS, agents or employees. In ease any suit or other proceedings shall be brought against the Purchase, or its affects. 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 ten affects, agents or employees as aforesaid, the Seller hereby agrees to asame the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomcys 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, ngents or employees in such suits or other proccedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchascr, or said panics in or as a result ofsuch suits or other pmeecdinp, to 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, famish and install all guards necessary for the prevention of arid"Ps, comply with ill laws and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all ndex and regulations issued pursuant thereto. Revised 0312010