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HomeMy WebLinkAbout226403 CENTENNIAL FIRE & SAFETY EQUIPMENT - PURCHASE ORDER - 9117051City of �.F.�ort Collins Date: 04/0312012 PURCHASE ORDER Vendor: 226403 CENTENNIAL FIRE & SAFETY EQUIPMENT 8547 E ARAPAHOE RD UNIT J GREENWOOD VILLAGE Colorado 80112 PO Number Page 9117051 1of2 This number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 11/28/2011 Buyer: ED BONNETTE Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 Parts 1 LOT EA 1,163.77 Inv 3050 3/2/2012 ADDED PER C.IVERSON EMAIL DATED 4/2/2012. -ECB Total $1,163.77 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 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 Fnn Collins is exempt fiom State and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000387 is registered with the Collector of Failure of the Purchaser to insist upon strict pefomancc of the terms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado WE Colorado Revised Serves 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law. failure to pmnmptly notify the Seller in the teem of a breach. the acceptance ofor payment for goods hereunder or approval of the design, shall not Nlcise the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamnties or obligations of this purchase order and shall nor be deemed a waiver of any right of the damage in transit, may he reamed to you for credit and arc not to be replaced except upon receiry of written purchaser to insist upon .strict performance heretforany ofits rights or remedies as to any such goods, regardless item cations fmm the City of Port Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification to rc.i.ina of this purchase order by the Parehascr operate as a waiter of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. aufhonzed payment on the pan of the City of Fort Collins. Howrver, it is to he 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 pmcedares. violations are in fact borne by the Parehascr. Theretofore, for good cause and as consideration for executing this purchase mdcr. 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 Fran Collins, 700 Wood St.. Fort Collins, CO 80522, unless nequired tinder federal or state antitrust Imes for such overcharges relating to the pnnicular goods or services otherwise .specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany no nice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is If the Purchases directs the Seller to correct nanconforromV ordefective goods by n date to be agreed upon by the expected fmm the nearest distribution point to destination. and excess freight will be deducted fmm Invoice when Purchaser and the Se11er. and the Seller thercnfter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. cony cause the work to be perforated by the most expeditious means mailable to it, and the Seller shall pay all costs associated with such work. Permits Seller shall procure it sellers sole cost all necessary permits, ecrtificams and licenses required by all applicable Imes, regulations, ordinances and mles of the state, municipality, territory or political sabdivision where the work is performed, on required by any other duly constituted public authorty having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamrless from and against n11 liability and loss incurred by them by reason train asserted or established violation crony such laws, regulations, onlin oiccs. rates and requirements. Amhonzition. All panics to this contract agree that the representatives are. in Fact, heart fide and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto ar incorporated herein by reference. Any additional or different terns and conditions pmi wed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to naive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated oa the purchase order and the documents matched hereto. No acts of the Purchasers including. witheal limitation. acceptance Mpanial late deliveries, .shall operate as a waiver of this provision. In the event of anv delay, the Pumhacr shall have, in addition to other legal and equitable mraMics, the option nfpl cing this order ciwwhcre 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 am beyond its reasonable control and withoot its fault of utTligencc, such acts ofGad. acts ofeivil or military authorities, governmental priomics, fires. strike,. Rood, epidemics. wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser 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 he extended for the period equal to the time actually lost by reason of the delay. 3.WARRANTY. The Seller wamnts that all good, articles. materials and won, covered by this order will conform with applicable 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 nahne. The Seller agrees to held the purchaser hamless from any loss, damage or expense which elm Pumbaser may suffer or incur on account of the Sellers breach ofwammy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time is may he prescribed by law or by the terms of any applicable svamnty pmvidcd by the Seller after the date of acceptance of the goods furnished hereunder (acceptance nor to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Parehnser shall ant constitute a waiver of any claim under this armory. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages pmxin ately caused by the breach crony of the foregoing worn no cs or guarantees, but such liability shall in no event include loss ofpmfits 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 iems by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or wdacn change order. If any such chance affects the amount due or the time offwrfomance hereunder. an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order. teminate 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 pmgaes pmvidcd 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 no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Pumhnscr or the Seller crony ofthcir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days Ever the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all good sold hereunder shall have 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 Ines and regulations required to be incorporated in agreement of this character arc hereby incorporated herein by this reference. The Seller agrees toy indemnify and hold the Purchaser harmless fmm all cost, and damages suffered by the Purchaser n% a result of the Scllcr, failure in comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, car convey this order, or any monies due car to become due hereunder without the prior written consent of the other party. I (L TITLE. The Seller wamns full, clear and unrestricted title to the Purchaser for all equipment. nmtenals, and items furnished in perfomance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbmtrcrs and claims of others. The Seller shall release the Purchaser and its contractors of any tier from nil liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of (lie pant released and shall extend to the directors, nmcers and cmpluycc, of such party. The Seller's contractual 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 Parehascr. 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 indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design. device, 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 ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan themnf or the intended use of the good, is in such suit held to constitute infringement and the use of .said equipment or pan is enjoined. the Seller shall. at its own expense and at its option, either pmeure for the Parehascr the right to continue using said equipment or pans. replace the same with substantially equal hot noninfringing equipment nr modify it so it becomes nnninfnnging. 15. INSOLVENCY. If the Seller ,hail become insolvent or bankrupt make an assignment for the benefit of emlitors. appoint a receiver or msice for any of the Sellers pmpcny or business, this order may forthwith be canceled by the Purehascr without liability. Ili. GOVERNING LAW. The definitions fterm, used or the interpretation ofthc agreement and the rights of all panics hereunder shall be wa,lrayd under and governed by the laws of the Slate of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services ofSellers Representtive(s), on the premises ofnthers, 17. SELLERS RESPONSIBILITY. The Sdicr shall carry can snid work of Seller's own risk until the same is fully completed and ruepfcd, and shall, in case of any accident, desinntion or injury to the work and/or materials before Seller's limit completion and ncccptincc, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When nmrcriais and equipment arc famished by others for installation or erection by the Seller, the Seller shall reecive, unload, store and handle same at the site and become rc,Nnsiblc thercfOr a, though such mmc,irl, and/or equipment were being furnished by the Seller under the order, I B. 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 laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but nor limited to, contractual and autnmnbilc public linh,lity insurance with bodily injury and death limit of it teat Sifm.Wo for any one person, S500,o0n for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, irony. to provide for such compensation and insurance. Belore any of the Sellers or his contractors employees shall do any work upon the Premises ofnthers, the Seller shall famish the Purchaser within cenifcate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such enmpensatiea and in,umnec have been pmvidcd. Such certificates shall specify the date when such compensation ,and insurance expires. The Seller agrees that such compensation and insumnee shall he 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 for any and all damage, loss or injury ofany kind or nature whatsoever to persons or propertw caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, fusses, damages. charges or expenses, whether direct or indirect. and whether to persons or pmpcny to which the Purchaser may be pot or subject by reason of any act. action, ncglw, omission or default on the an of the Scllcr, any of hi, contractors, or any of the Sellers or contractors officers, agents or employees. In case any %nil or other proceedings shall be hmught against the Purchaser, or its officers, agars or eniplayeas 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 their officer%, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof od to defend the same at the Sellers own expense, to pay any and all vests, charges, attorneys fees and other expenses, any and ill judgments that nmiy be mciamd by or obtained against the Purchaser or any of its or their officers, ,agents or employees in such suits or other proceedings, and in ca%c judgment or other lien be placed upon or obtained agninsl the progeny of the Purchaser, or said parties in or as a result of such suits or other pmecei ings. the Seller will at once cause the same to be dissoked and discharged by giving bond or otherwise. The Seller and his contractors shall lake all safety precautions. furnish and in,tall all guard, ncccsunry for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010