HomeMy WebLinkAbout484731 HUBER TECHNOLOGY INC - PURCHASE ORDER - 9141333Fort Collins
Date: 03/03/2014
PURCHASE ORDER
PO Number Page
9141333 1of2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 484731 Ship To: DRAKE WATER RECLAMATION
HUBER TECHNOLOGY INC CITY OF FORT COLLINS
9735 NORTHCROSS CENTER COURT SUITE A 3036 ENVIRONMENTAL DRIVE
HUNTERSVILLE NC 28078 FORT COLLINS CO 80525
Delivery Date: 03/03/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 1 1 LOT LS 1,386.00
1 ea SP-702810
Per sole source quote # S0003305
.Contact on Requisition is Mike Dersham
2 2 1 LOT LS 17,490.00
1 ea SP-P301VE
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
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 statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-W 502. Federal Excise Tax Excmpdon Certificate of Registry S4fi00o587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revisal Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet s,acificurnme, either when shipped or due to defects of
damage in tmnsir, maybe remmed as you far credit and are not to be replaced creep, upon receipr of retire.
instructions from the City affirm Collins.
Inspection. GOODS are subject o the City ofFon Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order con result in
authorixed payment on the perm of the City of Fan Collins. Iiowcver, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipment must be F.O.B., City of Fort Collins, 700 Wood Sr., Fan Collins, CO 80522, unless
otherwisespecified no this aide,. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufactures have distributing points in various pans of the country, shipment is
expected fmm the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when
shipments are made from .an dntxr rz
Permits. Seller shall procure at sellers sole cost all necessary prnniu, certificates and liceraa acquired by all
applicable laws, at almiom, ordinances ad rules of flee state, municipality, amtory or Political subdivision where
the work is perfomeN, or required by any other duly constituted public authority havingjunsdictiew over the work
of vendor. Seller further agrees to hold me City of Fort Collins harmless firm and against all liability and loss
incurred by meta by reason of. noweed or atablishd violation crony such laws, regulations, ordir., roles
and acqui.m.
Authomvtion. All panics in this contract agree that the relnrunotives are, in fact, bow fide and possess full and
complete authom, to bind said Parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temm and conditions staid
herein set forth vad any supplementary or additional leers and conditions annexed hercm of Incoryomted herein by
reference. Any additional or different terms and conditions proposed] by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCI IASING AGENT immediately ifyou cannot make complete shipment in Office on your
promised delivery date as noted. Time is ofthe essence. Delivery vad pa farmarc 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 ofpanial late deliveries, shall operate as a waiver of this provision. In the event many delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable far damages as a result of delays
due to causes nor rea err ably foreseeable which me beyond its reasonable control and without its fault of negligence,
such acts o'God, acts ofcivil or military authorities, governmental priorities. Tres, strikes, Band, epidemics, was m
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 first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the peril cqwl to the time acmdly lost by reason of the delay.
3. WARRANTY.
The Seller wants that all goods, articles, materials and work covered by this order will condition wilt applicable
domm , specifamtwu, rumples andlor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of are and competence in accordance with aceepaed sundaNs for work of a
similar more. The Seller agrees to hold the purchases bamdect form coy into, damage in expense which me
Purchaser may suffer or incur on account of the Sellers breach of wmmaty. The Sella shall replace, repair or make
goad, without cost to the purchaser, any defects of faults arising within one (1) year or wihin such longer peed of
time as may be presented by law or by the teams of my apphrable wammy provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unmasawbly delayed), cringing Tom hnpedect
or defective work done or materials famished by the Seller. Acceptance or use of guads by the Purchaser shall not
constitute a waiver of any claim under this wmrmly. Except in otherwise provided in this purchase order, the Sellers
lialad try hereunder shall 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 Of less Of use. NO IMPLIED WARRANTY
OR M ERCI IANI'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal reran by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes at the tams, Other than legal term, including additions to or deletions fmm
Me qualities originally ordered in me specifications or drawings, by verbal or written change order. If any such
change affects me amount due or the time of perfomunce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may or coy time by wnner change order, terminate this agreement as to any or all portians of the
goods then nor shipped, subject to any anaerobic djuarmmt between the porous as to coy work or manias tam in
progress Pravaled that the Purchaser shall trot be liable for any claims fur wtieford profits on the urrcomplmed
Portion of the goods andlor work, for incidental or consequential damages, and that no such adjustment W made in
favor of the Seller with respect to any goods which are the Sellers standard stack. No such uncommon small relieve
lte Purchaser or the Seller army oftheir obligations w to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (3p) days from the dam the change or termination is
Ordered,
8. COMPLIANCE WITH LAW.
The Seller warrants that all gw a sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable Incas and regulations to which the goods are 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 we hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and characters suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither putty shall assign, uansfer, or convey this Order , or any monies due or to berome due bereander without the
poor wrnen cement of number parry.
I O. TITLE.
The Seller wants fun, clear and unrestricted tide at the Purchaser fur all cquipment materials, and items fiunishd
in performance of this agrcemeot free wad clear of coy and all limes, restrictions, racnnrians, secuory interest
ewumbmtwa and claims of others.
11. NONWAVVER.
Failure of the Purchaser to iwast upon stow maux of the terra and mtditioro hereof, failure or delay to
exercise any rights or remedies provided henna or by law, failure to pmmpdy notify, the Seller in the event of is
breach, the acceptance ofor payment for gods herennder or apprmml oftbe motif, shall cat release the Sellef of
any of the warranties or obligations of this purchase order and shall not be dermed a waiver of any right of the
purchaser to insist upon strict peR a bereofor any, arm, rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsegwer default hereunder, nor shall any mentioned
.1 modification or tacission of this purchase oNer by the Purcbasm operate as is waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual acommew practice, overcharges resulting from antitrust
Th violations are in fur home by the Purchaser. ereforeto,for good cause and as consideration for recruiting this
purchase order, the Seller hereby nssiSns On the Purchaser any and all claims it may now have or hereafter
acquired under federal or suer maintain laws for such ovarcharal relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to m agreed upon by the
Purchow and the Seller, end the Seller thereafter indicates its inability Or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall relax the Purchaser and its mnnaaors of any her fmm all liability and claims of any ranee
resulting men tbe performance afsuch work.
This release shall apply even in the event of fault of negligence of me party released and shall extent to the
directors, officers and employees orsuah party.
The Sellers r marsou d obligations, including wamny, shall or he domed to be reduced, in any way, bxacese
such work is performed or caused to be par<d by the Purchaser.
14. PATENTS.
Whenever me Seller is forward to use any design, device, material or process cowed by letter, timer, redemark
Or copyright the Seller shall indemnify and save harmless no Purchaser from any vnd all claims far infrinaement
by reason of the use of such patented design, device, mmenal or process in connection with the contract, and
shall indemnify the Parchour for any cost, expense or damage which it may be obliged to pay by reason of such
infraironical at any rime during the prosecution or after the completion of the work. In case said equipment, or
any pan thcreaf or the intended use of the gaol, is in such .it 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 mawe for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
nwinGmging equipment or modify it so it becomes comminuting.
15. INSOLVENCY.
If me Seller shall become insolvent or baNrmpt make an assignment for the benefit of creditors, appoint a
comitan err angrac for any of the Sellers property or business, this wdar may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defni cones ofR. stud or the b rispondion of the agreement cad the rights of all ractias hereunder shall be
consWcd under and gyeari by the laws urge Sate ofC.IomR, USA.
The following Additiowl Conditions apply only in uses where the Seller as to perform work hereunder,
including the services of Sellers Reprcse ardive(s), m the premises of whirs.
17. SELLERS RESPONSIBILITY.
The Seller shall carry, on said weak at Sales own risk it me were is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work wd/w materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and in me satisfaction of the Purchaser. When materials
and equipment are haranhd by omen for indaillmion or erection by the Seller, the Seller shall receive, unload,
stare and handle same at the site and become responsible therefor as though such materials and/or equipment
er we being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for me payment of workers compensation, including ocup ramal
disease benefits, to its employees employed an or in connection with be work covered by this purchase order,
and/or to their dependerses in accordance with the laws of the state in which the work as to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, combat and automobile public
liability incomance with bdily injury and death linuts of at least S300,00o for any anti person, $500,000 for any
one accident and property damage limit per accident of S40 ,0U0. The Seller shall likewise require his
frommarmrs, if aa, to provide fir such amperverman and marstari Before my into, Sellers or has comtrunts
employees shall do any work upon the premises of others, the Seller shill funish the Purchaser wit a cenifcare
mat such compensation and insurance have been provided Such certifiato shall specify the time when such
compensation wed insurance have been provided. Such cethfmlo shall specify the date when such compensation
ant insurance expire. The Seller agrees that such compensation and insurance shall be maintained until sitar me
entire work is completed rid mcemeL
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respmu'ibiliry and liability far my and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution arms, work provided for in
this purcheu order or in connection herewith. The Seller will indemniy and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages,
charges or expenses, whether direct or inducer. cad whether to Persons or propeny to which the Purchaser may
be put or subject by reason of any net, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers Or contractors officer, agents or employees. In case my suit or other
proceedings shall be brought agalnsl the Purchase, or its Offers, agents or employees at any time on account or
by rwwn of my an, action, mden, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees m assume the defense thereof and to
defend the same at Sellers own expense, in pay coy and all costs, cherga, attorneys fires and offer expenses,
coy and all judgments that may be incurred by or obtained against the Purchaser or any of its or men officers,
agents or employees in such suits or other proceedings, and in tau judgment or other lien be placed upon or
obtained against no propeny ofthe Purchaser, or said parties in or as a result crimes suits or other proceedings,
the Seller will at once cause the same to be dissolved and dischmgd by giving bond or otherwise. The Seller and
his contractors shall poke ell safety precautions, front and install all guards mcasary for me prevention of
accidents, comply with all laws and regulations with regard to safely including, but without limitgion, the
Ocaupatiawl Safety and Health Act of 1970 and all odes and regulations issued pursumm thereat.
Revised 03RO10