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HomeMy WebLinkAbout124742 DISPLAY DEVICES INC - PURCHASE ORDER - 9122697PURCHASE ORDER PO Number Page City Of///��� 9122697 1 of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 05/08/2012 Vendor: 124742 Ship To: CITY MANAGER DISPLAY DEVICES INC CITY OF FORT COLLINS 5880 N SHERIDAN BLVD 300 LAPORTE AVE ARVADA Colorado 80003-6922 CITY HALL WEST - 1ST FLOOR FORT COLLINS Colorado 80521 Delivery Date: 05/08/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price PEG Equipment 1 LOT LS 6,241.70 2 PEG Equipment 1 LOT LS 952.90 Total $7,194.60 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 Cut l ins is exempt form state and Inenl taxes. Our Exemption Number is 11. NONWAIVER. 99-fW502. Federal Excise Tax Exemption Certificate of Registry N4-6000597 is registered with the Collector of Fnilurc 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, Italian, to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of,hc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the oarrontics or obligations of this purchase order and shall not he dremcd a waiver of any right Of the damage in transit, may he returned to you for credit and arc not to he replaced except upon receipt Of written purchaser to insist upon strict perfomonce hercefor any of its rights or remedies as to any such goods, regardlcc instroctioos fmm the City effort Collins. of when shipped, received Or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of ran Collins inspection on orrival. hem.f. 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 For, Collins. Howsevcr. 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 arc in fact borne by the Purchaser. Theretofore. for good cause and is consideration for executing this purchase order, the Sella hereby assigns m the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F,O.N., City of Fear Collins. 700 Wood St.. Fort Collins, CO 50522. unless acquired under federal or state antitrust laws for such overcharges minting to the particular good Or services otherwise specified an this order. If permission is given to prepay freight and charge sepamtely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where monufacturces 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 form the nearest distribution point to destination, and excess freight will be deducted from In, nice echo Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to canards, the Purchaser shipments arc made from greater distance. may use the work to be performed by the most expeditious means available to it and the Silo shall pay all costs associated pith such work. Permits, Scllcr shall pmcurc at sellers sine cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinance, and rules of the state, municipality, territory or political subdivision where the work is performed, Or required by any other duly c... fueled public authority having jurisdiction over the work Of vendor. Seiler further agrees to hold the City of Fan 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. rules and requirements. Authmji ition. All parties to this contract agree that the formsentntives am. in fact, bona fide and possess full and complete authority to bind slid panics, LIMITATION OF TERMS. This Punchiest, Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or inmrromted herein h_v reference. Any additional or different terms and conditions propo ed by seller are objected mind hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imnediatcly if you cannot make complete .shipment to arrive oa your promised delivery date as noted. Time is of the escncc. Delivery and performance must he effected within the time stated tin the purchase Order and the documents attached herein. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries. shall operate as o waiver of this provision. In the event of ony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the Option ofpincing this order elsewhere and holding the Seller liable for d,nnges. However. the SCllem shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and oubom its fault of negligence, such acts of God, acts ofeivil or military authorities, gnvcrnmcntal routines, fires. strikes, flood epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within flvc (5) days critic time when the Seller first received knowledge thereof. In the event crony 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 wamnts that all good, articles, materials and work covered by this order will conlom with applicable drawings, specifications samples and/or other descriptions given, will be fit for the porpoises 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 of the Sellers breach of wamnty. The Seiler shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within One (U scar or within such longer period of time as may be prescribed by law or by the terms crony applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wamnty. Except as othm%ise provided in this purchose order. the Sellers; liability hereunder shall extend to all damages Proximately caused by the bench of any of the foregoing wamatics or guarantees. but such liability shall in no event include lass of props or testa of use. NO INI PLI ED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal lane by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, mhcr than legal terms. including additions to or deletions from the quantities originally Ordered in the specification Or drawings, by verbal of written change nNer. If env such change affects the amount due or the time ofperformance hereunder, an equitable adjustment .shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminae this agreement as to any or.11'onime, of the gonads then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfts 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 arc the Scllcrs standard struck. No such mr-minatio t shall relieve the Purchaser or the Seller of any of their obligations as to any gonde delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods 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 laws and regulations required to he incorporated in agreements of this chamctcr arc hcrcbv incorporated herein by this refcrcncc. The Seller agrees to indemnify and hold the Purchaser harmless From all costs and damages suffered by the Parchascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, transfer, or convey this order, many manic, due or to beromc due hereunder without the prior Written consent of the other party. 10.TITLE. The Seller wamnts full, clear and unrestricted title to the Purchnscr for all equipment. materials and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, r vele'M ens, security interest encumbrances and claims of others. The Seller shall release the Pumhamr and its contractors of any tier front all liability and claims crony nature resulting from the pc,fomrance of such work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, officer, and employees of such party. The Seller's contractual obligations, including wamnty, shall not be deemed to he reduced, in any way, because such work is perforated Or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material Or process coveml by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchnscr from any and ill claims for infringement by reason of the use of such patented design, device, mmeriel or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or dio nge which it may be obliged to pay by reason of such in fringcmcnt at any time during the pmsccmian or aAcr the completion of the work. In case so id equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute in fringcmcnt and the use Of said equipment or part is enjoined, the Seller shall, at its own expense and it its option, either procure for the Purchaser the right to continue using said equipment or parts, rerlaee the same with substantially equal but noninfringing equipment, Or modify it m it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankrapt. make an assignment for the benefit of crcdimm, appoint a receiver or trustee for ary of the Sellers property Or business, this order may forthwith he canceled by the Parchascr without liability. 16. GOVERNING LAW. The definitions oftcros used or the interpretation of The agreement and the rights ofill parties hereunder shall be amstmetl amden and governed by the laws ofthe Stalc of Cnlomdo. USA. The following Additional Conditions apply only in eases where the Scllcr is to perform work hereunder. including the services of Sellers Reprcsentative(s), on the promises of athers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs mum risk until the sane is fully completed and accepted, and shall, in case of any accident, destnation or injury to the work and/or materials before Seller's 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 for installation or ,notion 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 tinder the order. 18. INSURANCE:. The Seller shall, at his own expense, provide for the payment of workers compensation, including ocrnpetinool disease benefits. to its ennployces employed on or in connection with the work covered by this rurchase 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 no, limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S30o." for any 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 compensation 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 cenifacates shall specify the date when such compensaion and insurance hove been provided. Such cenificatcs shall specify the date when .such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after The entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asswmes the entire responsibility and liability for any and all damage. loss or injury ofnny 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. J'he Seller will indemnify and hold humorless the Purchaser 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. unit whether to persons or property to which the Purchaser any he put or subject by reason of any net, action. neglect, onawina or default On the ran of the Seiler, any Of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought ,gains, the Purchaser, or its officers, agents or employees at any time on account or by resnn of any net, action, neglect, omission or default of The Seller of any of his contractors or any of its Or their officers, agents Or employees as aforesoid, the Scllcr hereby agrees to assume the defense thereof and to defend the same tit the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may he incurred by Or Obtained ngninst 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 obtained against the property of the Purchnscr, or said parties in or as a result of such suits Or other proceedings. the Seller will at once cause The same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Take all safety precmaimts, furnish and install nil guards necessary for the prevention of accidents. comply with nil laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 mW all mles and regulations issued pursuant therclo. Revised 0312010