Loading...
HomeMy WebLinkAbout129312 REIS ENVIRONMENTAL INC - PURCHASE ORDER - 9141342Fort Collins Date: 03/04/2014 Vendor: 129312 REIS ENVIRONMENTAL INC 5720 HOLLY ST COMMERCE CITY CO 80022 PURCHASE ORDER PO Number Page 9141342 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 03/03/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Thermal Imager Invoice 1080651 3/3/2014 -�triP14 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 1 LOT LS 8,307.00 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 1. COMMERCIAL DUAIM. Tax exemptions. By statute fie City of Fort Collins u exempt from suite atld local taxes. Our Exemption Number as 11. NONWAIVER. 98,(4502. Federal Excise Tax Exemption Cenificatc of Registry 84-61005gy is registered with the Collator of Failure of the purchaser to insist upon stria perfirmance, of the tams aM conditions hereof, faihue or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Claprer 39-26, 114 fD). exercise any rights or temcdies provided herein or by law, failure Io promody ratify the Sella in the event of a breach, the weeptmtt of or payment for goods hereunder Or approval of the design, shall not release the Sella of Goods Rejeeted. GOODS REJECTED due to failure 0 area sperificaliom, either when shipped or due no defects of any of the warramial or obligations of this pomhese order anal shall rat be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of women ptucbaur to insist upon strict Performance he cofar any of its lights or remedies ns m my such goods, regaMless inswaions flow the City ofFon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any peal aced oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan 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 pen of the City of Fan Collins. However, it ism be undancial that FINAL Seller and the Purchaser recognize Oat in acmal ec is practice, overcharges resulting farm antitrust ACCEPTANCE isdependentupon completion ofall applicable required i:speaion procedures. violations are in fact Some by the Purchases. Theretofore, four good cause and so consideration for executing this purchase older, the Sella hereby assigns, to the Pocheser any and all claims it may now have or handler Freight Teton. Shipments mnst be FOB , City of For Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired undo Roland or state antitrust laws for such ovemhmges relating to the particular panda or services otherwise sp sified on this order. Hp rrousion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase older. bill musl accompany invoice. Additimal charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. "Tee manufacturers have distributing points in various pars of the country, shipment is If the Purchaser diam the Sella to correct nonconforming or defective goods by a date to be agreed upon by the expected from the neared distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its ivabiliry or unwillingness to comply, the Formula Shipments are made form gm na distance. may cause the work to be perfomled by the most expeditious means available to it and the Sella shall pay all costs associated with such work. Pennies. Seller shall procure at sellers sole cost all at.., permits, unifirmes and dicer,,, required by all applwrible laws. regulations, ordinances and roles of the state, municipality, temmry or political subdivision where the work is performed, or required by any other duly excermmd public authority having jurisdiction over fie work of vendor. Seller further agrees to hold the City of Fon Collins brainless from and against all liability and loss arel by them u by rmm of an asserted or euabdishesl violation of ally such laws, regulations, on in:mca, rules rd out irements. Authariaalim. All pm,. 10 this coa,., agree that the representatives are, in fact, boon fide and possess full and complete nathoriry to bind said parries. LIMITATION OF TERMS. This Puohare Order expressly limits acceptance to the terms and conditions staled herein set both and any supplamenary or additional tams and conditions annexed hereto or incorporated herein by reference Any additional cr different lams and conditions proposed by Sella are objected to and hereby jegrd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you rnnnol make complete Winner, to arrive on your promised delivery date as noted Time is of the cssmce. Delivery and Performance ..at IS, eReacd within the time staled on the purchase older and the documents attached hereto. No as of the Purchasers including, wiehoet limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser Shull have, in addition to other legal and equiable remedies, the option of placing this order elsewhere and holding tee Seller liable for damages Haweva, Ibe Seller shall nor be liable for draw,. is a result of delays due 1. cones not reasonably foreseeable which are beyond its reasonable control and without its fault ul'ne,li,ence, such actolGod, acts fcivil or military aulbonfl ,goverimentat priorities fires, strikes, food, epidemics, wars Or data Provided Ihal ounce of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Most received knowledge therm(. In the event of any such delay, the date of delivery shall be extended for the penal equal f fie time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, ankles, momials and work covered by this older will conform with applicable drawings, specifications, sample anchor other descriptions given, will he fit far the ptlrposa intended, and Performed with the highest degree of core and competence in acmldrnce with accepted standard for work of a Shalt., vran, The Seller agrees to hold Me purchaser harmless From any loss, damage or expense which the f Purchour may Su or incur on nccoant affair Sellers breach of wormly. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or fulls arising within one (1) year or within such longer period of time as may ba prescribed by law or by the corms ofmy applicable vo ranry Fairchild by the Sella net the dote of acceptance of the goods famished hereunder (acceptmce not to be umeasorably delayed), resulting from imperfect Or defective work done or materials Famished by the Sel let. Acceptance or use of goods by the Purchaser shall not institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liobll Ily hereunder shell extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event 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 nuke chmgas, to legal team by written change Oman. 5. CHANGES M COSfMERCLIL TERMS. The Purchaser may make any changes to the temp. other dun legal terms, including additions to or deletions fmm the curawaies originally ordered in the sponfca ram, or drawings, by rated or written clangs Omer. If any Such change affect the amount due or the time orFetormmce haeuadeq an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as many or all parrot, of the goods then rim slipped, subject to any eunable adjusm ld between the patio as to any work Or materials then in progress pmvdded the, the Purehasa Shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental Or cunsegnential damages, and that no such adjustment be made in favor of the Seller with respect many paris which are the Sellers Standard stock. No such Lamination Shall relieve the Purchaser or the Seller of any of their obligations as to Day goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within thirty (30) days from the date fie change err tetminstion is ordered. 8. COMPLIANCE KITH LAW. The Sella warrant dal all good sold hereunder shall Save been produced sold delivered and fumished in stria compliance with all applicable laws and regulations f which fie goad are subject. The Seller shall execute and deliver such documents as may he remained to effect a evidence compllma. All laws and regulations requbed to he incorporated a agreements of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser hamrless from all costs and damages sullerW by fie Purchaser as a result of fie Sellers failure 10 comply with such law. 9. ASSIGNMENT. Neither parry shall assign, handful, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other patty. to. TITLE. The Seller warmms hill, clear and umntr tired tide 1. the Purchaser fir all equipment materials, and it. fumished in performance of this agreement f and clear of my and all liar, restrictions, renovations, saunry interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligem'e ol'till party Released and Shall extend to the directors, otrial. and employees of mcb parry. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be Performed by the Purchaser. 14, PATENTS. Wlawraw the Sella is required to use say design, device, material or process mveral by later, patent, trademark or exam n da, the Seller shall indemnify and Save harmless the Purchaser flow any and all claims for infringement by reawr of the rise or such patented drum, device, material or process in transaction with the contract. and shall indemnify the Purchasur for any cost, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or after the completion of fie work. In case said equipment, or any pat thereof or the intended use of the goods, is in such suit held an constitute infnngemem and the use of said equipment or pat is enjoined, fie Sella shall, at its awn expense and at it option, either private for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. I S. MSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, optimal a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tenor mud or the interpolation ofthe ogre rnew and the rights Of.]] ponies hereunder shall he consumed under and gorcmad by the laws order Sale oFColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform woh hereunder, including the Services of Sellers Represencrive(s), on the ptrm¢cs ofothem 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Sellers own nsk until the Same is fully completed and accepted and shall, in c of any accident, destruction or injury, to the work andor materials before Sellers final completion and acceptance, omplere the work at Seller's own expense and to the anlinbsnu n of the Purchaser. When m dwild, Slid equipment are fumished by others for installation or erection by 1112 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 famished by the Seller under fie order. 19. INSURANCE. The Seller shall, at has own expense, provide for the payment of workers compensation, including occupational disease benefit, to its employees employed on a in connection with fc work covered by this purchase order, .Nor to their dependents in accordance with the laws of the slate in which the work is m be done. The Seller shall also curry comprehensive general liability including, but net limited W. marmaual and automobile public liability mono tt with bodily injury and death limns of a1 least Silo." for any one person, S5W,0C0 for any one accident and property damage limit per accident of S40g000. The Sella shall likewise require his contractors, if any, to provide for such compewtion and insurance. Ber any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a o tifiewe that such compensation and insurance have been provided. Such cmifca, shall specify the dale when such compensation and insurance have been provided. Such cctifirrom shall Specify the data when such compensation and insurace expires. lire Sella 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 liabil iry for any and all damage, loss or injury of any kind at uawre whatsoever to Persons or Property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold armless the Purchaser and any r all of ten Purchasers officercand an s, agents and employees m aagairal y and all claims, lasses, daring., charg. or expenses, whether dinner or indirect, and whether to persons or property m which the Pumhoser, may be put or subpar by reason of my act action, neglect, omission or default on the part of the Seller, any of has omradors, err any of the Sellers or contractors officers, agent or employers. In rase my suit err other proceedings shall he brought against the Purchaser, or its officers, egeut or employees at my time on account or by reason of any net, action, neglect, Omission or default of fie Scllcr of any of his ronlmclors or my of its or Mail officers, agents or employees as aforesaid the Seller hereby egrrea to sssume fie deb thereof and to defand fie same at Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser err 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 against he property of the Purchaser, or said parties in or or a result of such suits or other proceedings, the Seller will at once cause the same to be dissolval and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions famish and install all guard necessary for the prevention of accidem, comply with all laws and regulations with regard to safety including but without limitation, the Occupational Safety and Health Act of 1920 and all rules cod regulations issued pursuant thereto. Revised 03n010