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HomeMy WebLinkAbout159057 ULTRAMAX AMMUNITION - PURCHASE ORDER - 9120884 (2)PURCHASE ORDER PO Number Page City Of 9120884 1 of z ' `t Collins OI` l I ns This number must appear on all invoices, packing slips and labels. Date: 06/14/2012 Vendor: 159057 ULTRAMAX AMMUNITION 2112 ELK VALE RD RAPID CITY South Dakota 57701-8526 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 TIMBERLINE ROAD FORT COLLINS Colorado 80525 Delivery Date: 02/10/2012 Buyer: ED BONNETTE Note: PRICING PER STATE OF COLORADO PRICING AGREEMENT #68004YYY21 P. TRAINING AMMO; PLEASE SHIP TO ATTN: SGT KENT ROBINSON, CONTACT #(970)221-6832. Line Description Quantity UOM Ordered Unit Price Extended Price 5 ADDENDUM PO #9120884 1 LOT EA 500.00 53652P price $206/cs not $196 (req 42154) B ADDENDUM PO #9120884 1 LOT EA 800.00 53375P price $341/cs not $325 (req 42154) 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 Total Invoice Address: $1,300.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAI VF.R. 9"502. Fedeml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser m insist upon strict performance ofthe 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 la,, failure to Pmmpily notify the SCI1CT in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification,. either, hen shipped or due to defect, of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of anv right of the damage in transit, may be remmed to you for credit and are not to be replaced except upon receipt or written purchaser to insist open strict performance hercofor any of its rights or remedies as to any such goods. ngadless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported nml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City effort 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. authorized payment on the pan of the City of Fort Collins. Hoacver. it is to be understood that FINAI. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration 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 must be F.O.B., City of Fort Collins, 700 Wood Sr. Fort Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased oraequired by the Purchaser pursuant to this purchase coder, bill most accompany invoice. Additional charges far picking 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 Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by'the expected front the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scller.and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made form greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay of costs associmcd,ith such work. Permits. Seller shall pmcurc at sellers sole cost all necessary permits, certificatex and licenses required by all applicable Imes, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perfrom d, or required by any other duly constituted public authority, having jurisdiction over the work of vendor. Seller father 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 anv such laws, regulations, onlinances, roles and requirements. Authorization. All panics 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 Puehasc Order expressly limits acceptance to the lerms and conditions ,rated herein set forth and any supplementary or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents anached hereto. No acts of the Purchasers including, without limitation, acceptance ofpaniil late deliveries. shall operate as a waiver ofthis prevision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Hoacver, the Seller shall not be liable for damages as a result of delays due to causes oat maxonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts of Gad. acts ofeivil ar military authorities, governmental priorities, fires. strikes. Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the far' 'hen the Seller first 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 reason ofthe delay. 3, WARRANTY. The Seller wwmms that all goad, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he 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 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 Seller, breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (O year or within such longer perind of time as maybe prescribed by law or by the terms infinity applicable warranty provided by the Scllcr rife, the late of acceptance of the goods furnished hereunder(aceeptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constimic a waiver of any claim under this wamnty. Except as orhenvise pmvidcd in this parchisc order. the Sellers liability hereunder shall extend trial] damages pmximatcly caused by the breach of any of the foregoing wmmntics or guammecs, 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 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 or deletions from the quantities or ginslly ordered in the specifications or drawings. by verbal or written change order. If any such change officers the amount due or the time ofpciformance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped. subject icnny equitable adjustment betocen the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncmnplcied portion ofthe gads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any gaud which are the Sellers standard stock. No such termination shall relieve the Purchaser ar the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days Form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods said 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 character arc hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Purchaser hamilmss from all costs and damages suffered by the Purchaser is a result ofthe Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neithn party shall assign, transfer, or convey this order, or any monies due or to bmomc due hereunder without the prior written consent of the other piny. 10. TITI,E. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from ill liability and claims of any nature resulting form the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party, released and shall extend to the dircctom, oRcers and employees of such party. The Shccr's continental obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is perfumed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use anv design, device, material or process covered by letter, patent, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser form 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 anv cost. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or aacr the completion of the work. In ease said equipment. or any pan 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, at its own expense and at Its Option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing 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 now of the Sellers property or business, this order may forthwith he canceled by the Purchaser without Iiahility. 16. GOVERNING LAW. The definitions oftems used ar the interpretation ofthc agreement and the rights ofall panics hereunder shall be consumed underfed governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to pertinent work hereunder. including the services of Sellers Reprcmnntive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Scllcr', Own risk until the same is fully completed and ncecprcd, and shall, in case Of any accident duxinmtion or injury to the work and/or materials before Seller.% final completion and neceptnnee, complete the work at Seller's own expense and to the satisfaction ofthe Pumhascr. When materials .and equipment are furnished by others for installation or emotion 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 under the order. 19. 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 in he done. The Seller shall also carry eomprchcnsive general liability including, but not limited to. contractual and automobile public liability inane nee with hoddv injury and death limits prat least S300,006 tar are one per. r. S506.000 for any one accident and propene damage limit per accident of S400.000. The Scller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scller, or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a eenificaLL that such compensation and insurance have been provided. Such certificates shill specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agree, that such compensation and insurance shall he maintained until aficr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrehy assumes the entire responsibility' and liability fin -try and ell damage. Ins, or injury of any kind or nature whatsoever to persons or property caused by or resulting from the excemion ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or ell of the Purchasers ofucers, agents and employees form 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 act, action, neglect. omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors oRcers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchase, or its of iccrs, agents or employees minty into on account or by reason of any act, action, neglect, omission or default of the Seller ofany of his enntmctors or nny of its or ticir ofFecrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same m the Sellers own expense, to pay 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 suits or other proceedings, and in case judgment or other lien be placed upon or obtnined against the property of the Purchaser, 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 orrothemise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of .accidents, comply with all laws and regulations with regard to sdcty including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010