HomeMy WebLinkAbout281742 HEWLETT-PACKARD CO - PURCHASE ORDER - 9121760PURCHASE
ORDER
PO Number Page
City Of
9121760 1 of z
Collinshis
number must appear
1 1�7
on all invoices, packing
6rt
slips and labels.
Date: 03/23/2012
Vendor: 281742 Ship
To:
POUDRE FIRE AUTHORITY - AD
HEWLETT-PACKARD CO
102 REMINGTON
PO BOX 101149
FORT COLLINS Colorado 80524
ATLANTA Georgia 30392-1149
Delivery Date: 03/23/2012
Buyer: JAMES HUME
Note:
Line Description
Quantity
Ordered
UOM Unit Price Extended
Price
HP Designjet Printer
1 LOT
LS 8,213.25
per quote #7488788, Attn: Cindy Jacquot
W SCA/NAS PO
Dealer of record: Lewan & Associates, 10042550
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.corn
Total $8.213.25
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
L COMMERCIAL DETAILS.
Tax exemptions, By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
mf-W502. Federal Excise To., Exemption Certificate of Registry 84-60(1f1587 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 .chipped or due to defects of
damage in transit. may he rammed to von for credit and arc not to be replaced except upon receipt of writicn
instructions from the City of Fort Collins,
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
11. NONWAIVER_
Faihtne of the Purchaser to insist upon sgicl prof manes of fhc terms and conditions Immof. failure or delay to
exercise any rights or rcmcdics provided herein or by row, failure to promptly notibv the Seller in the event of a
breach. the acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller of
any of the oatra, mics or obligations of this purchase order and shall not be dccmcd a xvaivcr of any right of the
Purchaser to insist upon strict performance herenfor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as in any prim or subsequent default hereunder. nor shall any purported
oral modification or rescissien of this purchase order by the Purchaser operate as a xvaivcr of any of the Icons
Lean[
Final Acceptancc. Receipt of the merchandise, services or equipment in response to this order can m5ob in 12. ASSIGNAI ENT OF ANTITRUST CLAIMS,
autharized payment on the prat of the City of Fort Collins. Ilewever, it is to be understood that FINAL Seller and the Purchaser recognize that in aenml economic practice. overcharges resulting front antitrust
ACCEPTANCE is dependent upon completion ofall opplicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as cousidentien 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 90522. unless acquired under federal or state antitrust Inxvs far such everchmges relating to the particular goods or services
otherwise specified on this order. If permission is given to pmpay freight and charge separately, the original freight purchased m acquired by the Purchaser pnrmtant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be 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 nonconfomring or defective good by a date to he agreed upon by the
expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all
costs asociatcd with such work.
Permits. Seller shall parcre at sellers sole cast all necessary pemritt, certificates and licenses required by all
applicable laws, regulations. ordinances and rates 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 render. Seller rather agams to hold the City of Fort Collins heatless from and against all liability and loss
ineamd by them by reason of an asserted or established %relating of any such laws, regulations, ondiumu'. rules
and rcquircomets.
Aud nrizanon. All panics to this contract agree that the mpo senetivcs me, in fact. bona fide and possess full and
complem authority to bind ,void panics.
LIMITATION OF TERMS. This Purchase Order ,.spressly limits acceptance to the terms and conditions stated
herein set (earth and ray suppicmcntary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions pmlacmd by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedioady if you cannot make complete shipment to arrive on your
premised delivery date as noted. Time is of the eccnce. Delivery and perfomancc mast be effected within the time
stated on the parchzsc order and the documents allachcd hereto. No acts of the Purchasers including. without
limitation, acceptance o(partioi late deliveries. shall operate as a woivcr of this pmrision. In the went ofany delay,
the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option of placing this order clsewhcrc
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes net reasonably (orcsceable which arc beyond its reasonable central and without its fault of negligence.
such acts of God, acts of civil or military authgrifics governmental priorities, fires, strikes. Bond. epidemics. wars or
riots provides! that notice of the conditions musing such delay is given to the Purchaser within fire (5) days of the
time whim the Seller first received knowledge thcrcof. In the event of any such delay, the date of delivery shall he
extmded for the period equal to the time actually lost by reason of the delay.
3, WARRANTY.
The Seller warrants that all goods, articles, matcrild and work covered by this order will conform with applicable
drawings, specifications, samples and/or other deWlipfirs given, will be fit for the purpams, 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 front any loss, damage or expense which the
Pumbascr may suffer or incur on account of the Sclicrs breach n(wamnfy. The Seller shall replace. repair or make
good, without cost to the purchaser, any defects or faults arising within one (U year nr within such longer period of
time as may he prescribed by law or by the tcmms of any applicable wmmnty, provided by the Seller liner the date of
acceptance of the goods furnished hereunder (acceptance nnf to be unreasonably delayed), resulting from imperfect
or dcfecime work done or materials famished by the Seller. Acceptance or use of good., by the Purchaser shall not
constitute n waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Sellers
liability hcmundcr shall extend to all damages pmximetcly caused by the breach ofany of the foregoing mammies
or guarantees, bid such liability shall in no event include less 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 tans by writen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tells other than Icgrl toms, including additions to or deletions from
fhc gnnvlifles originally ordered in the specifications or drawings, by %erbal or written change order. If mty such
change affects the amount due or fhc time ofpttformance hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchnscr may at any time by written change order, temtimm this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress pmvidcd that the Purchaser shall not be liable for any claims far anticipated profits on the uncompleled
portion of me grunt and/or work, for incidental or consequential damages. and that no such adjustment he made in
favor of the Seller with respect to any grad which am the Sellcrs standard stock. No such termination .shall relieve
the Purchaser or the Seller of any of their obligations as to any goorB dclircrcd hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be arc coed within thirty (30) days from the date the change or termination is
entered.
S. COMPLIANCE WITH LAW.
The Seller xxarrdats that all goods sold hereunder shall have bran produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall exeeule and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required In he
incorporated in agreements of this character me hereby incorporated herein by this reference. The Scllcr agrees to
indemnify and held the Purchaser harmless from all costs and damages suffered by the Purchnscr as a result of the
Sellcrs failure in comply with such law.
9. ASSIGNMENT,
Neither party shall assign, transfer. or convey this order, or any manias duc or to become due hereunder o thous the
prior written consent of the other parry.
10. TITLE.
The Scllcr rxamnt full. clear and unrestricted title to the Purchaser for all equipment. materials, and items famished
in perfamance of this agreement free and clear of any and all liens, restrictions, reservations. security interest
encumbrances and claims of tithers.
The Seller shall micas. the Purchaser and its contractors of my tier from all liability and claims of env nature
resulting from the performance ofsuch work.
This release shall apply even in the meat of fruit of negligence of the party released and shall emend to the
directors, officer rod employees of such party.
The Seller's contractual obligations, including warranty. shnll not be deemed to be reduced, in my may, because
such work is performed or caused to be performed by the Purchaser.
14. PATE;NI-S.
Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark
or copyright, the Seller shall indcmnifv and save hxmdess the Purchaser from env and all clninus for infringcmmrit
by reason of the use of such patented design, device, ntmerixl or process in connection with the contract. and
shall indcmnifv the Purchaser for any cost, expense at damage which it rate be obliged to pay by reason of meh
infringement at env time during the persecution or after the completion of the work. In case said cquipn¢nt, or
any part thcrcof m the intended use of the grad, is in such stilt held to constitute infringement and Ilie use of
said equipment or part is enjoined. the Seller .shall. at its own expense and at its opting, either pmenre for the
Purchmer the right to continue using .said equipment or pans, replace the same with substantially equal but
nonin(ringing equipment or mndify it so it becomes nnninfringing.
15, INSOLVENCY.
If the Seller .shall become insolvent Or hankmpt make an assignment for the benefit of creditors, roguing a
receiver or trustee for any of the Sellers progeny or business. this order may forthwith be canceled by the
Purchnscr wilhout liability.
16, GOVERNING LAW.
The definitions oftcros used or the interpretation ofthe agreement and the rights ofo11 parties hereunder. shall he
cansmred nn her and governed by the laws ofthc State of C'olomda. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the services of Sclicrs Repo scOmivc(s), on the premises ofathcrs.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sclicrs own risk until the same is fully completed and accepted. and shift.
in case of any accident. destruction or injury to the work and/or materials before Sellcrs Final completion and
acceptance, complete the work at Seller's no expense and to the satisfaction of the Purchaser. When materials
and equipment arc famished by others far installation or erection by the Seller. the Seller .shall receive, unload.
star, and handle same at the site and becon.c responsible therefor as though meth materials and/or equipment
were being furnished by the Seller under the odcr.
IS. INSURANCE.
The Seller shall, at his own expense. Pauline for the payment of workers compensation, including occ pmfanal
disease benefit, to its employees employed on or in connection with the work covered by this purchase order.
and/ear to their dependents in accordance mrill, the Imes of fhc state in which the work is to be done. The Seller
shall also tarty comprehensive general liability including. bill not limited to. contractual and automobile Public
liability insumncc with bodily ininry and drug; limits alit (cast S300,000 for any one person. S502000 for nay
one accident and Property damage linut 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
cmpiayccs shall do any work upon the prcmiscs of ethers. the Seller shall bullish the Purchaser with a eci ificate
that soell compensation and insurance have been provided. Such eenifieates shall specify the date when such
compensation and insurance have been Provided, Stich eer ifieates shall sperify the date when such compca,mion
and insurance cspires. The Scllcr agrees Ihill such compensation and insurance shall be tnninmined until after the
entire work is completed and aeeemed.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hco by assumes the entire responsibility and liability for any and all damage, loss or injury afany kind
or nature whatsoever to persons or property caused by ear resulting from the execution of the walk provided far in
this purchase eater or in sminectwit herewilh. Tile Seller will indemnify and hold hamdess the Purchaser and any
or all of the Purchasers officers. agents and employees Tram and against nay and all emims, losses, damages.
charges or expenses whether direct or indirect, and whether to persons or pmpertv to which the Purchaser nary
he put or subject by reason of any act, action. neglect. omission or default on the part of the Seller. any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit ear other
proceedings shall be firelight against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act. action, neglect, emission or defaull of the Seller a(rny 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 In
defend the same in the Sellers own expense, to pry any and all costs, charges, attorneys 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 mots at other proceedings, and in case judgment or other lien he placed open or
obtained against the property of the Purchaser, or said parties in or as a result of such suit or other proceedings,
the Seller xcill at once cause the same to he illsxdeal and discharged by giving bond ar ofhcnvise. The Seller and
his eaniracter, shall take all safety precautions, parish and install all guards necessary for the prevention of
accidents, connply xvith all laws and regulations xvith regard to safety including, bill without limitmion, the
Occupational Snfcty and Hcahh Act of 1970 and all gulch and regulations issued pursuant (herein.
Revised 03/2010