HomeMy WebLinkAbout358339 RESEARCH TECHNOLOGY INTERNATIONAL - PURCHASE ORDER - 9123112City Of
Collins
PURCHASE ORDER PO Number Page
9123112 1 of z
This number must appear
1 '
on all invoices, packing
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slips and labels.
Date: 05125/2012
Vendor: 358339
Ship To: PUBLIC LIBRARY (MAIN)
RESEARCH TECHNOLOGY
INTERNATIONAL 201 PETERSON ST
4700 CHASE AVE
LINCOLNWOOD Illinois 60712
FORT COLLINS Colorado 80524-2
fitk-KV- h i3o
Delivery Date: 05/25/2012 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
RTI ECO-Master Optical Disc
Repair System per Quote# RQ
PO Amount includes trade-in allowance of $4,000 for
used ECO-Master unit.
Also includes free supplies (enough to repair 2,000 discs),
free shipping (both units), and 1-year warranty.
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
1 LOT LS
13,990.00
Total $13,990.00
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
L COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local tose. Our Exemption Number is IL NONWAIVER.
98-04502. Federal Excise Tax Exemption Corificatc of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser in insist upon stricl performance of the tans and conditions hereof, failure or delta to
Intemnl Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by Inw, failure to promptly notify the Seller in the event of a
breach, the molunnce ofnr payment for goods hereunder or approval of she design, shall not release the Seller of
Gordy Rejected. GOODS REJECTED due to failure to meet specifications, tither when shipped or due to defects of any of the warrant ties or obligations of Or is pnrchasc order and shall not be dcened it waiver of any right of the
damage in transit. may be returned to you for credit and am not to be replaced except apnn mount of written purchaser to insist union strict perfnrmnnee hemofo. any 0fils rights or remedies as to any such goods, regardless
inetmetions from the City of Fort Collins. of when shipped. received or accepted. as to aoy prior or subsequent default hereunder, nor shall any purponcd
oral modification or rescission of this purchase order by the Purchaser operate as a waiver ofory of the terms
ā¯‘aspeelion. GOODS arc subject to the City of Fort Collins inspection on mrival. hereof
Final Acceptance Receipt of the merchandise. services or cquipmcnt in response to this writer can result in 12. ASSIGNMENT OP ANTITRUST CLAI MS,
authorized payment on the pan of the City of Fort Collins. Hnwevcr. it is In be understood that FINAL Seller and the Purehaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dcpcndem upon completion nfall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for cscrnting this
purchase order, 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 Fort Collins. 700 Wood St.. Fnm Collins, CO 80522, unless acquired under federal or state antitrust Imes for such overcharges miming to the portieulor goods or services
otherwisc specified tar this odor. If Permission is given to popay freight and ehorge sepmmnly, the original freight purchased or acquired by the Puwho5er pursuant to this purchase o nlo.
hill 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 pans of the country, shipment is Bibs, Purchaser directs the Seller to correct nonconforming or defective goods by a date In be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchnscr and the Seller.and the Seller IhcreaRcr indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance. may cause the work In be performed by the most expeditions means available to it, and the Seller shall pay all
costs associated wish such work.
Permits. Seller shall procure at sellers sole cost all accessary permits, eemificams, and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision when
the work is perfoncd. or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seiler funhcr agrees to hold the City of Fort Collins harmless from and against all liability and Ines
incurred by them by reason of an asserted or established violation of ray such lows. regulations, ordinances, rules
and require faneats.
Amhorixotion. All parties 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 toms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller arc ohj,rtol to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCIIASING AGENT immediately if you cannot make complete shipment to ,rile on your
premised delivery date as noted. Time is of the essence. Delivery and pnformanee must be effected within the time
stated on the purchase order and the documents attzehed hereto. No acts of the Porchnsem including, without
]initiation, acceptance of partial late deliveries, shall opcmlc as o waiver of this prorisina. In the event of nay relay.
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaeing this order clscwherc
and holding the Seller liable for damages. Ilmvever, the Seller shall not be liable for damages as a result of delays
due to canes not reasonably foreseeable which are beyond its reasonable crniml and without its fault of negligence.
such act of God, acts of civil or militarymahorities, gmernmental priorities, fires, strikes, flood, epidemics, wars of
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller For reccired knowledge thereof. In the event ofany such delay. the date of delivery shall he
extended for the period equal to the time nctnally lost by reason ofthe delay.
3.WARRANTY.
The Seiler wamnts that all grad, articles, materials and work catered by this order will confomn with applicable
drawings, specifications, samples and/or other descriptions given, will be fat for the purposes intended. and
Performed with the highest degree of can 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 ofthe Sellers breach of worm. my. The Scllcr shall replace, repair or make
good. without cost to the purchaser, any defects or fault arising within one (1) year or within such Ingo period of
time as may he prescribed by low or by the term of any applicable aamnty provided by the Seller after the date of
acceptance of the goods furnished hcrcundnces cr (ep onnot to he unreostinably delayed), resulting from imperfcer
or defective work done or materials famished by the Seller. Acceptance or rise of goods by the Purchaser shall not
constitute a waiver ofany claim tinder this n:omnty. EvoTt as otherwise provided in this purchase order, the Scllcrs
liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warm rates
or gu unntee, but such liability shall in no teem include loss 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 terms by written change order.
5. CHANGES IN COMMERCIAL TERhIS.
The Purchaser may make any changes In the terms, other than legal terms, including addiaions to or deletions from
the 9uomiln, originally ordered in the specifications or drawings. be verbal or written change Order. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustnnnt shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to wry or all portions of the
goods then not shipped, subject to any equitable adjustment benscen the parties as to any work or materials then in
progress presided that the Purchaser shall not be liable for any claims for anticipated pmfnts on the uncompleted
portion of the goods andfor work. for incidental or consequential damages, and That no such adjustment he made in
favor of The Seller with respect to any gond which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must he as. crtcd within thirty (30) days from the date the change or nomination is
ordered.
8. COMPLIANCE WIT'll LAW.
The Seller warrants 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 In be
incorporated in agreements of this character me hereby incorporated herein by this reference. The Scllcr ogress to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchnser as a result of the
Seiler, failure to comply with such Imo.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any fannies due or to become due hereunder without the
prior wrincn consent of the other party.
10, TITLE.
The Seller warrants full, clear and ,.restricted title to the Purchaser for all cquipmcnt, materials. and items famished
in perfmmnanee of this agreement, free and clear of any and all liens, restrictions restorations, scrimly interest
encumbrances and claims ofathers.
The Seller shall release the Purchascr and its contractors of any tier from all liahilav and claims ofany nature
resulting from the performance of such work.
This release shall apply even in the event of fruit of negligence of the party released and shall extend to the
directors, offers nod employees ofsneh party.
The Seller's contractual nbligations, including wormnht shall not be deemed to he rcduecal, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required in use anv design, device, material or process covered by letter, patent, trademark
or copyright, the Scllcr shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or pmccss 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 of such
infringement at any time during the prosecution or after the completion of the work. In case said cquipmcnl, or
any part thereof 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, of its own expanse and at its option, either procure for the
Purchaser the right In continue using said equipment or parts, replace the same with substantially equal but
nninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors. appoint a
receiver or trustee for any of the Sellers property at business, this order may forthwith he canceled by the
Ptirch,scr without liability.
16. GOVERNING LAW.
The definitions oficmrs used or the interpretation ofthe agveement and the rights of all panics hcrcundcr shall be
construed tinder and governed by the laws ofthe State of Colorado, USA.
The fnllowing Additional Conditions apply only in cases where the Seller is to pod mm work hereunder.
including the sen iccs of Sellers Represefaative(s). on the premises of nthcrs.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work,I Scllcrs own risk until the same is fully completed and accepted. and shall,
in ease of any accident, destmainn Or injury to the work andfor materiak before Seller's final completion and
nceeptonec, complete the work .r Seiler', own expcnsc and to the satisfaction of the Purchnscr. When mmeria is
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 thercfor as though such materials and/or equipment
were being furnished by the Seller under the order.
I A. INSURANCE.
The Seller shall, at Iris own expense, provide fit the payment of workers compenmtion. including omupationol
disuse hencfits, to it cmployccs employed on or in connection with the work catered by this purchase onto.
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 habitue including, but not limited to, contractual and automobile public
Mobility insumncc with bodily iniury and death limits of at (cast S300,IXM fur anv one person. S560.000 for any
one accident and prepeny dmnage limit per accident of S400,000. The Seller shall likewise require his
contmctom, if any, to provide furs ch compensation and insLimener. Boors any of the Sellers or his contractors
employees shall do any work upon the premises of nthcrs, the Seller shall furnish the Purcho,o with a ecoilmote
that such compensation and insurance have been provided. Stich certificates shall specify the date when such
compensation and insurance have been provided Such eenifnemes shall specify the due when such compensation
and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the
entire vvnd; is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Scllcr hereby assumes the entire responslbilim and liahility for ray and all damage. loss or iniury ofany kind
or nature whatsoever to persons or property caused by or resulting Form the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indcmfai fy and hold harmless the Purchaser and any
or all ofthe Purchasers officers. agents and cmployccs 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 Purchaser may
be put or subject by reason of any :el. notion, neglect, omission or default on the gam of the Scllcr, any of his
contractors, or any of the Sellers or contractors ofccm. agents or employees, In case any suit or other
proceedings shall be brought against the Pnrchascr, or its offers, agents or employees at any time on account or
by reason of any act. actin, neglect. omission or default of the Seller of any of his contractors or one of its or
their nfree,, agents or employees 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, charges, attorneys fee and other expenses,
any and all judgments that cony be incurred by or obtained against the Purchaser or any of its or their officers. ,
agents or employees in such suits or other proceedings, and in ease judgment or other lien he placed upon or
obtained against the property of the Purchnscr. or said parties in or as a result ofsuch suits or other proceedings.
the 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, furnish and install all guards necessary for the prevention of
oceidems, comply with all Imes and regulations with regard to safety including. but without limitation, the
Occupational S,fety and Ilobb Act of 1070 and all rules and regulations issued pursuant therein.
Revised ON2010