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HomeMy WebLinkAbout426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9123687PO PURCHASE ORDER 912368 Number Page City of PURCHASE 9123687 t of z + �OI I I�� Fon number must appear ` Collins ll invoices, packing s and labels. Date: 06/27/2012 Vendor: 426136 MES - ROCKY MOUNTAINS 700 W MISSISSIPPI AVE BLDG E, UNIT 6 DENVER Colorado 80223 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 06/26/2012 Buyer: ED BONNETTE Note: Line Description '"".""`r P Ordered /UOM Unit Price Price 1 SCBA - AV3000 Facepiece 1 LOT / LS 5,218.62 Invoice 00315537 dated 5/17/12 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $500D unless signed by James B. O'Neill ll, 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 $5.218 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 9849502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Cnlnado Revised Statutes 1973. Chapter 39- 26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specificntionss, either when shipped or due to defects of damage in transit, may be renamed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of For Collins. Inspection. GOODS arc subject to the City of Fed Collins inspection on aniva 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof. failure or delay to exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the wammties or obligations of this purchase order and shall not be deemed a waiver of env right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such grads, regardless of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported oral modification or re.is.sion of this purchase order by the Purchaser operate as a waiver of any of the lcnns hereof. Final Acceptance. Receipt of the merchandise. .services or equipment in rcsportse to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact hone 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 Tears. Shipments must be F.O.B., City of Fort Collins. 7(10 Wood St.. Fort Collins CO 80522, unless acquired under recent or state antitrust laws for such overcharges rotating to the penicalnr goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original rrcight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where mnnufacmrrcrs have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when shipments are made form greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and ales 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 ages to hold the City of Fort Collins harmless form and against all liability and Inns incurred by them by reason of as as.cened or established violation of any such laws, regulations, ordinances, rules and requirements. Authomation. All parties to this contract agree that the representatives arc, 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 terms and conditions sated herein set forth and any supplementary or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or different tans and conditions propnscd by seller arc Objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event of any dclav, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere sad 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 bcymd its reasonable control and without its fault of negligence. such acts ofGod, acts fcivil or military authorities, governmental priorities. Ems, strikes. Bard, epidemics, wars or riots provided that notice of the conditions causing well 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 warrants that all good, anicles, 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 perfomN with the highest degree of care and competence in accordance with accepted standard for work of a similar ..tare. The Seller agr ces to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach orwarranty. The Seller shall replace, repair or make good, without cost to the purchawr anv defects Or faults arising within one (1) yen r m within such longer period of time as may be prescribed by law or by the terms ofany applicable wamnty pmvidcd by the Seller nftcr the date Of acceptance of the good famished hereunder (amcptance not to be unreasonably delayed), resulting fruit, imperfect or defective work done or materials finished by the Seller. Acceptance or use of goals by the Purchaser shall not constitute a arise, ofany claim under this warranty . Except as otherwise provided in this purchase order, the Sellers liabiliry hereunder shall extend to all damages prosimmcly caused by the breach ofany of the foregoing vmo ntics or guarantees, but such liability shall in no event include loss of profits or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make chances to legal lain, by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fan the quantities originally ordered in the specifications or drawings, by verbal or wrinco change onfer. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall he 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 to any equitable adjustment between the panics as to any work or materials then in progss provided that the Purchaser shall not be liable for tiny claims for anticipnted profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser Or 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 from the date the change or termination is ordered. S COMPLIANCE WITH 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 arc subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incoparded herein by this reference. The Seller agrees to indemnify, and hold the Purchascr hundess from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Imv. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior svrinen consent of the other party. 10. TITLE. The Scllenvamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, .and items fumishcd in perfunnance of this agreement, free and clear of any and all liens. restrictions. reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Parchawr and the Seller, and the Seller thercrAcr indicates its inability or unwillingness to comply, the Purchaser any cause the work to be perforated by the most expeditions means mailable to it and the Seller shall pay all costs associated with such work. The Seller shill release the Porchamr and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsneh work. This release shall apply even in the event of fruit of negligence of the party released and shall extend to the directors. Officers and employees of such puny. The Seller's contractual obligations, including wamnty, shall not he deemed to be reduced, in any way, hccausc such work is performed or caused to be Perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is required to uac any design, device, material or process covered by letter, patent nadenmd or copvright the Seller shall indemnify and save harmless the Purchaser from anv and all claims for infringement by reason of the use of inch patented design, device, material or poces 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 ofswch infringement at any time during the prosecution or after the completion of the work. In case said equipment or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of slid equipment or pan is enjoined, the Seller shall. at its than expense and at its option, either procure for the Pumhaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfriging. 15ANSOLVENCY. If the Seller shall beconw insolvent or bankntpt make an assignment for the benefit of creditors, appoint a receiver or tnstec for any of the Sellers pmpeny or business. this older may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions nftcros used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constrocd under and governed by the Imes ofthe State of Cnlnado, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the services of Scllcrs Rcprcsentntivc(s), on the premises of orhets. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work it Seller's own risk until the mine is fully completed and accepted, and shall, in case of any accident. dcstmction or injury to the work and/or materials before Sellers final completion and .acceptance, complcrc the work at Sellers men expense and to the m amfaction ofthe Purchaser. When materials and equipment ram Famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible thcrcfor as though such materials and/or equipment were being famished by the Seller under the order. 18. 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 acconfnnce 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 ofat least S300,000 for any one Pic r, n, S500,000 for any one accident and property damage limit per accident of S400,(InO. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Seller, or his contractors employees shall do any work upon the premises of others, the Seller shall burnish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance have been provided. Such cenificatcs shall spaify the date when such compensation and insurance expires. The Seller 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 assumes the entire responsibility and liability for any and all damage, loss or injury crony kind Or nature whatsoever to persons or property caused by or resulting form the execution ofthe work provided for in this purchase Outer or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any on all of the Purchasers otimers. agents and employees from and ngainst any and all claims, Insses, damages, charges or expenses, whether direct or indirect, and whether to persons Or property to which the Purchaser may he pill Or subject by reason Of any net action, neglect, omission or dcf Olt on the pan of the Seller, any of his contractors, or any Of the Sellers or contractors officers, agent or employees. In case any snit or other proceedings shall be hmught against the Purchaser. or its oRcers, agents or employees at any time on account or by reason of any net, action, neglect, Omission or default of the Seller crony of his contractors or any of its or their officers, agents Or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs 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 Purchascr 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 olnained against the property of the Parch.awr, or said panics in Or as a result ofsuch suits or other proceedings, the Seller will at Once cause the same to he dissolved and diw1urged by giving bond Or othenrise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary far the prevention of accidents. comply with all Imes and regulations with regard to safety including. but without limitation, the Oceupnlional Safety aM Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010