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HomeMy WebLinkAbout250572 SCHINDLER ELEVATOR CORP - PURCHASE ORDER - 9140051Fort Collins Date: 0110312014 PURCHASE ORDER PO Number Page 9140051 1 of 2 This number must appear on all invoices, packing slips and labels. Vendor: 250572 Ship To: FACILITIES DIVISION SCHINDLER ELEVATOR CORP CITY OF FORT COLLINS PO BOX 93050 300 Laporte Avenue CHICAGO IL 60673-3050 Building B FORT COLLINS CO 80521 Delivery Date: 01/03/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price Blanket Order 1 LOT LS 5,000.00 Misc. - Elevator Repairs cover the cost of miscellaneous elevator repairs per 12/20/13 service agreement for fiscal year 2014. All services shall be ordered by City Facilities department only. All completed services must be accompanied by an invoice or job ticket including contact person and site location. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 $5.000.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By suture the City of Fort Collins is exempt from state and local taxes, Our Exemption Number is 11. NONWAIVER. 98-045D2. Fcdeml Excise Tam Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser, to insist upon sMcl performance of the terms and conditions hereof, failure or delay to I oteral Revenue, Denver, Colorado (Ref. Colomdo Revised Su tams 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein oc by law, failure To promptly ramify The Seller in the event ofa breach, the acaplmre ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, eitherw'hen shipped tar due to defects of any of The warranties or obligations of This purchase order aad shall not be deemed n waiver of any right of the damage in transit, may be reamed to you for credit and ate not to be replaced except upon macipt of written purchaser to insist upon strict performance hereof a any of its rights or remedies as to any such goods, regardless 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 am] moli ftcation or rescission of this purchase order by The Purchaser operate as a waiver of any or the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, smieus or equipment in response to This order can result in 12. ASS IGNM ENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Fall Collins. However, it is To be uderstmd that FINAL .Seller and the Purchaser recognize that in actual ,commie pnweliee, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact boor, by the Purchaser. Theretofore, for good rouse and as comidemtion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or rermnce Freight Terns. Shipments muse be F.O.B., City of Fort Collins, 700 Wood St., Iron Collins, CO 80522, unless acquired under federal or site entimist laws for such overcharges elating to the porTicular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original (might purchased or acquired by the Purchaser pursuant to This purchase Older. bill must mmrpary invoice. Additional charges far parking will nor be occupied. Shipment Distance. Whirm manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be dcducicd from Invoice when shipments are made from greater distance. P... am. Srller shall procure at sellers sole cost all necrssary permits, runifirtam and licenses required by all applicable Imes, regulations, ordinances and rules order scale, municipality. territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction seer the work of reader. Seller further agrees to hold the City of Fan Collins harks, from and og.inut all liability and less incurred by them by reason of an assumed tar established violation of any such Inws, regulations, ordinanecs, ores and requiemcnts- Awborfzatim. All parties to this cantsan agree that The lepusermon ex am, in fact, bona fide aM possess full and complee anthmoy to bind said ponies. LIMITATION OF I'F.RMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions mnexed hereto or incorporated herein by reference. Any additional or different terms and conditions prolrosed by seller are objected to and hereby ajened. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedier ly if you cannot nuke complete shipment la arrive mT your promised delivery date m noted. Time is of the essence. Delivery and performance must be elfated within the time stated on the purchase order and the documents attached hereto. No acts of the Purchmers including, without limitation, acceptance ofpondal late delivaries, shall operate as a waiver of this provision. In the event of any delay, Ihe Purdrmer shall have, in addition to other legal and egodtablc remedies. The option of placing This order elsewhere and holding the Seller liable far darmges. Ilowever, the Seller shall not be liable far damages m a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negl lgence, such acre of God, acts of civil or military aurharities, govermnena l priontiesforms. strikes, flood, epidemics, wears or Tots provided That notice of the conditions rousing such delay is given to [he Purchaser within five (5) days of the time when the Seller first received knowledge thereof In Ore evem of my such delay, the date of delivery shall be eel ended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that sll goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples mat other descriptions given, will be fit for the purposes intended, and performed with the highest degree of are and competence in accordance with accepted standards for work of a similar n rmc. The Seller agrees 10 hold the pumlusi, harmless form any lass, damage or expense which the Purchaser may suffer or incur on account of use Sellers breach of warranty. 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 m may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goads famished hereunder (acceptance not 10 be umeasoably delayed), resulting from imperfect or defective work done or materials famished by The Seller. Acceptance or use of goods by the Purchaser shall nor clm one a waiver army claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximalely caused by the breach ofany of The foregoing waranties Tor Cuamn[ees, but such liability shall in m event include loss ofpmGts or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may rake cbanges to legal terms by wri[T,n change order. S. CHANGES IN COMMERCIAL TERMS. The P.-ber,cr nary male any ch.ngo 1a The leers, alder Thin I,g.i maw, including additlmw 1. tar dcletlons from. the quantities onginally ordered in the specifications or Thaw'ing%, by verbal or written change order. If any such change affects the amount due or dre limit of Performance hereunder, on equivibl, adjustment shall be made. 6. TERMINATIONS. The Purchaser ray at any time by -Timm change order, terribure This agreement m to my or all portion of the goods then not shipped. subject to my countable adjustment he:ween the parties To, to any work or mntmals then in progress provided that the Purchaser shall not be liable for my claims far anticipated pmfis on the uncompleted portion oftbc goods and/or week, far incidental or consequential damages, and ihel no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard sack. No such temiimlion shall relieve the Purchaser or the Seller army of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjmtmem most be asserted within shiny (30) days fmm usc date the change or fulmination is Tinkled. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been lim de red, sold, delivered and famished in strict compliance with all applicable laws and regulations to which use goods are subject The Seller shill execute and deliver such documents as may be required to effect or evidence compliance. All Imss and regulations, requim) to be incorporated in agreements of this character we hereby incaryomed herein by This reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs cad damages suffered by die Purchaser as a result of The Sellers failure To comply with such law. 9. ASSIGNMENT. Neither party shall assign, tramfer, or convey this order, or my manes due or to become due hereunder without the prior written commit of the other parry. 10. TITLE. The Seller warrens full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clew of any and all liem, restrictions, reservations, security interest eruumbrmces and claims Trousers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs [he Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser unit the Seller, and the Seller thereafter indi rates its inability Or enseillingness IT comply, The Purchaser may came the work in be performed by the most expeditious means available to it and the Seller shall pay all costs associated with such work. The Seller shall release the Purcluar, and its conlmems of any tier from ell liability and claims of my ature, resulting from the p rrfmmance of such work. This release shall apply men in the event of fault of negligence of the parry relemed and shall extend to the directors, officers and emplo)ws of such party. The Seller's contractual obligations, including wmamy, shall not be deenred to be reduced, in my way, because such work is performed or caused to be performed by The Purchaser. 14. PAl'ENTS. Whenever the Seller is required ur use my design. device, material or places, covered by Icner, parent, trademark or copyright, the Seller shall indemnify mid save hwurIns tire Purchaser from any and all claims for infringement by reason of the use of such p meted design, device, material or process in connection with ae contract, and shift indemnify the Purchaser for may cast, expense or damage which it may be obliged to pay by reason of such infringement el my time during The prosecution or arm, the compinion of the work. In case said equipment, or any part thereof or the im ended use ofthe goods, is in such suit held to canStine, infringement and [he use of said equipment or pan is enjoined, the Sella shall, nt its own expense and at its option, either procure for the Purchaser the right TO continue using said equipment or pans, replare The same with substantially equal bur mninfdnging eurripmem, or modify it an it becomes nordnfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of "editors, appoint a receiver or haste, for any of the Sellers property or business, this order Troy forthwith be ancele l by the Purchaser without liability. 16. GOVERNING LAW. The defini:iom .'it. used or The interpretation of thr agreement and the rights of all parties hereunder shall be consumed under and governed by the laws of the State of Colorado, USA. The fallowing Additional Conditions apply only in ruses where the Seller is to perform work hereunder, including the sluices of Sellers RepresenTalive(s), on the premises of olhcrs. 17. SELLERS RESPONSIBILITY, 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, dnrucm or injury to the work andrm materials before Seller's final completion and acceptance, complete the work at Sellers Own expense and to the swisfrelion of the Purchaser. When materials and egnipmat me famished by olhcrs for insmllarioa or emetim by the Seller, the Seller shall receive. udmd, store and handle same at the site and become responsible therefor 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 aompeTtodon, including occupalimal disease benefits, to its employees employed on or in co mection with the work covered by this purchase order, .,No, to their dapentknds in acco:dmce with the laws of the state in which the work is to be door. The Seller shall also carry comprehensive gerwml liability including, but not limited to, conam"uxl and automobile public liability insurance with bodily injury and death limits of at ]cast 5300,000 LOT any am perm, 5500,000 for my accident and p opem, damage limit per meadcnt of S400.0i The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contmalors employee, shall do any walk upon that premises of others, the Seller shall furnish the Parham with le cei[Ificzte that such compensation mad insurance have been provided Such certificates shall specify the date when such compensation and insurance have been poi Such certificates shall specify the date when such compensation and insimi expires. The Seller agrees that sib compensation and inesunrxe shall he maiaained uatil afer, the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the ent im responsibility and liability for any mid all damage, loss or injury army kind or nature whatsoever to persom or property caused by or resuhing from the execution of the work provided for in this purchase older or in connection berewi th. The Seller will indemnify and hold harmless the Puretuser and any or all of the Purchasers officers, agents and employers from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser Truly be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his conTmclurs, or arty of the Sellers or contractors officers, agents or employees. In cause my suit or other proceedings shill be brought against the Purchaser, or its officers, agents or employees at my Time on accomt or by mason of any col, action, neglect, omission or default of The Seller army of his contractors or my of its or their officers, agents or mployees m aforesaid, the Seller hereby agrees To assume the defers thereaf and to defend the same at the Sellers own expense, to pay my and all casts, charges, moneys fees mad ousel expemes, any and all judgments that may be incurred by or obtained against the Purchaser or my 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 ngoimt the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once coarse the same to he dissolved and discharged by giving hand or Otherwise. 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 safety including, trm widliout hmialion, the Occolsalionll Safety and Health Act of 1970lead ell rules and regulation issued pursuit thereto. Revised 03/2010