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HomeMy WebLinkAbout124503 SAGE TELECOMMUNICATIONS CORP - PURCHASE ORDER - 9121889 (2)Fort Collins PURCHASE ORDER PO Number Page 9121889 tof2 This number must appear on all invoices, packing slips and labels. Date: 04/20/2012 Vendor: 124503 Ship To: ENGINEERING DIVISION SAGE TELECOMMUNICATIONS CORP CITY OF FORT COLLINS 6700 RACE ST 281 N COLLEGE AVE DENVER Colorado 80229 FORT COLLINS Colorado 80521 Delivery Date: 04/02/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 Add money back 1 LOT EA 6,095.00 Accidently paid off PO Total $6,095.00 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 11, CPPO City of Fort Collins City of Fart 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 Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions, By.ctande the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502, Federal Exnisc Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, 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 of or payment for good hereunder or approval of the design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the warm rates or obligations of this purchase order and shall not be deemed U waiver of any right of the damage in transit may be returned to you for crnlit and are not in he replaced except upon receipt of written purchaser to insist upon strict performance hcmnf or any of its rights or remedies as to any such goods, rcgmdlcss instraetinaa from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall env purfaortal oral mMificatimt or rescission of this purchase order by the Purchaser Opcntc as a waiver of any of the tcmts Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Immof. Final Acceptance. Receipt of the merchandise services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the part of the City of Fort Collins. However. 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 of ill applicable requited inspection pmecdums. violations ore in fact boom by the Purchaser, Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Parcho,cr any and all claims it nay now have or hereafter Freight Tcmts. Shipments must be F.O.B.. City of Fen Collins. 700 Wood St., Fort Collins. CO S0522, unless zcquired undcr federal or sure animist laws for such overcharges relating to the pirlicul:u goods or scrviccs othcrxiee specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased nr acquired by the Purchaser pursuant 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 direct the Seller to correct nonconforming or defectivc goods by a date to be agreed open by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or Unwillingness to comply, the Purchascr shipments am made form greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs nssocimod with such work. Permits. Seller shall Intercom at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and voles 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 vendor. 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, ordinances. mlcs and requiremcros. Authorization. All panics to this contract agree that the representatives ore. in fact, bona ride and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the worry and conditions stated herein set forth and any supplcmcntnry or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and condition proposed by seller are elamcted to and hereby reledefl. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date is noted. Time is of the essence. Delivery and performance mutt he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this prevision. In the event ofanv delay. the Parchaser,holl have. in addition to other legal and equitable remedies, the option of placing 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 arc beyond its mnonalate control and without its fault nfnegligencc such acts of Gt d. acts ofeivil or military authorities, governmental priorities, fires. strikes. flood, epidemics. wars or rims pmvided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller rim 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 mason of the delay. 3. WARRANTY. The Seller warrants that all gad, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, rill be flit 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 hamlcs from any Ins,, damage or expene which the Purchascr may suffer or incur on account of the Sellers breach of wamnty. 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 as may be prescribed by law or by the terms of any applicable warranty pmvided by the Scllcr after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed). Tradi ng fmm imperfect or detective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this xmmrity. Except as othenrisc pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages pmnimatcly caused by the breach of any of the foregoing wamnties or guarantees, but such liability shall in no event include loss of pmrits Or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal terms 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 of deletions fmm the quantities originally ordered in the specifications or drawings. by verbal or written change Order. If any such change affect the amount due or the time ofperfomtaner hereunder. an equitable adjustment shall he made. 6. TERM [NATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any or all ponions of the goods then not shipped, subject funny egnitable adjustment between the panics as to any work or materials then in progress Presided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted portion of the goods and/or 0ork, for incidental or consequential damages, and that no such adlnstmcnt be made in favor of the Seller with respect to any .it, which are the Scllcr, standard stock. No such termination shall relieve the Purchascr Or the Seller of any of their obligations as toany goods dclirercd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the late the change or unnouration is anfcrcd. S. COMPLIANCE WITH LAW. The Seller wamnts that all gad sold hereunder shall have been produced, sold. delivered and furnished in .strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to cfTect or evidence compliance. All laws and regulations required to be inceir omted in agreements of this chameter are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purehnscr is a result of the Sellers Failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. tansfeq or convey this order. many monies due Or to became due hereunder without the prior wrinco consent of the other party. 10. TITLE. The Seller wamtnts full, clear and unrestricted title to the Purchascr for all equipment, materials. and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest sound macs and claims ofodams. The Seller shall release the Purchaser and it contactors of any licr from all 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 the party released and shall extend to the directom officers and employees of such party. The Seller', coatnclunl obligations, including warmnty, shall not be deemed to he reduced, in any way, because .such work is pernmted or caused to be performed by the Purehnscr. Id. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent trademark Or copyright. the Seller Onill indemnify and save brimless the Purchaser front my and all elnims for infringement by reason of the use of such patented design, devise, material or process in connection with the contract, and shall in lcnnify the Purchaser for nay cost, expense Or damage which it may be obliged to pay by reason of such infringement it any time during the pmrecution or alder the completion of the work. In case said equipment. or any part th roof or the intended use of the goods, 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 procure for the Purchascr the right in continue using said equipment or pans, replace the .same with substantially equal but nnninfringing equipment Or modify it so it becomes anninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or hankn:pt make an assignment for the benefit of creditors, appoint a receiver Or motes for any of the Scllcr, property or business, this order may fnnhwith he canceled by the PUchascr without liability. 16. GOVERNING LAW. The definition, ofterms used or the interpretation ofthe agreement and the right ofnll panics hereunder shall be construed undcr and governed by the laws ofthc State of Calondo. USA. The following Additional Conditions apply only in cases where the Scllcr is to perform Work hereunder, including the scrviccs ofScllcrs. Representative(,), oa the pirrumcs.1 Others. 17. SELLERS RESPONSHOLITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident destruction or injury to the Work and/or materials before Seller's final completion and acceptance complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment am famished by others for installation or erection by the Selleq the Scllcr shall recciva Unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr undcr the order. 19. INSURANCE. The Seller shall. at his own expense provide for the payment of workers compensation, including occupational disease hcnefits. to its employees employed on or in connection with the work cnvcred by this purchase order. andfor 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, contractual and automobile public liability insurance With bodily injury and death limits of at least S300,010 for any One person. $500.000 for any one accident and property damage limit per accident of S400.MO. The Seller shall likewise require his contractors. if any, to provide for such compensation and insumnec. Before any of the Sellers or his contractors employees shall do any Work upon the premises of others, the Seller shall Finnish the Purchaser o ith a certificate Ihat such compcn,alion and insurance have been provided. Such certificates shall specify the date when such compcnatinn and insurance have been pmvided. Such cenificacs shall specify the date when such compensation and insurance expires. The Seller agrees that such ctmupensxtion and insurance shall he maintained Until aver the entire work is completed and accepted. 19. PROT'ECd'[ON AGAINST ACCIDENTS AND DAMAGES. -the Seller hereby a,,un r, the entire responsibility and liability for any and all damage, loss or injury ofnny kind or nature xdatuaevcr to persons or properly caused by or resulting from the execution Of tic Work provided for in this purchase order or in connection herewith. The Seller will indemnify mtd hold harmless the Purchascr and any or all of the Purchasers nmccts, agents and employees from and against any and all claims, losses, damages, chnrgcs or expenses, whether direct of indirect, and whether to persons or property to which the Purchascr may be put or subject by mason of any act, action. neglect omission or default no the pan of the Scllcr, any of his contractors, or any of the Scllcr, or contractors officers, agent or employees. In case any suit or other proceedings shall he brought against the Purchaser. or its Officers. 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 their Officers, agents or employee, as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs. chnrgcs, anomcys fees and other expenses. any and all judgments that may be incurred by Or obtained against the Purchascr Or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchaser, or said parties in or as a result ofsmh snits or other proceedings. the Seller will at once cause the same In he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. fiunish and install all guards necessary for the prevention of accident, comply with all laws and regulations with regal to safety including. bill without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2016