Loading...
HomeMy WebLinkAbout532508 DEISTER ELECTRONICS USA INC - PURCHASE ORDER - 9136803PO PURCHASE ORDER 913680er Page C117/ of PURCHASE 6803 t of 2 ' `t Collins/ his number must appear ` \I ` 1 1�7 on all invoices, packing sli s and labels. Date: 02/27/2014 Vendor: 532508 DEISTER ELECTRONICS USA INC 9303 GRANT AVE MANASSAS VA 20110 Ship To: WATER UTILITIES CITY -OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 02/27/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 COMPUTER SOFTWARE 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 EA 1,456.00 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 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from same and local taxes. Our Exemption Number is 98-0 502. Federal Excise Tax Exemption Certificate of Registry 84-s000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due m failure m meet specifications, either, when shipped or due to defaces of damage in transit, may be trimmed to You for credit and arc not to be replaced except upon receipt of wriaen instructions train the City of Pon Collins. Inspection. GOODS are subject m the City of Fort Collins inspection on armed. Final Acceptance. Receipt of the merchandise, services or equipment fir response to this oNer a result in anor thiaed payment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terns. Shipments most be F O.B., City of Pon Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise speafed on this order. Upermission is given to prepay freight ard charge separately, the anginal freight bill mast =company invoice. Additional charges for packing will rot be accepted. Shipment Distance Where mamfactums have distributing points in cankers pros of the country, shipment is expected from the nearest distribution Point to datination, and excess fight will b, deducted from Invoice when shipments act made from greater distance. Panda. Sella shall procure at sellers sole cos, afl necessary permits, certificates and licenses required by all applicable laws, regulations, ordirmnces and roles of the sin¢, mmicipaliry, tam ery no pclinical subdivision where ,he work is Performed, or required by any other duly constituted public accounts, having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins harmless from and against all liability and loss incurred by them by reason Of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Awhurixarion. All parties to this contract agree that the representatives are, in Net, bow fide and rawness full and complete authority to bind said parties LIMITATION OF TERMS. This Purchase Order dMaity limits acceptance on the urrm and conditions stated herein tat forth and my supplementary or additional warm and conditions annexed hereto or incorporated herein by reference. Any rablumnal or diR rto. and cmrditikns proposed by seller au objected to and hereby jaded. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you camwr make complee shipment to move on your Promised delivery date as noted. Time is of the essen2 Delivery and performance must be, effected within me time stated on the purchase order and the documents att=ha hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option Of placing this oNer elsewhere and holding ,he Seller liable for damages. I loweveq ,he Seller shall not be liable for damages as a maul, of delays due to causes no, me,sumbly foreseeable whiele are beyond its reasonable control and without its fault of negligence, such sots of God, acts ofcivil or military authorities, governmental priorities, fires, snakes, flood, epidemics, wars or riots provided that notice of me conditions causing such delay is given to me Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the event of my such delay, the darn of delivery shall be extended far the peed equal to the time acnully lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, raddiiaB aM wink covered by this amid will font with applicable drawings, specifications, samples adlor other descnptiore given, will be fir for the purposes intrndd, marl performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar .,are The Sella agrees to hold me purchaser homeless from my loss, damage or expense which me Purchaser may suR or incur on =count ofthe 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 looser period of time as may be, prescribed by law or by the toms of my applicable warranty pmvida by the Seller and the date of acceptance of the goads fmishd hereunder (acceptance not m be, disassembly delayed), mulling from imperfect or defective work done or materials famished by the Soler. Acceptance or use of goods by the Purchaser shall no, constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers hand Iry hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gnann ds, but such liability shall in no event include loss of profs or lass 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 watch change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may nuke any changes to the corms, other than legal terms, including dddions to or deldions from thc qumeido orfgiwlly ordered in the specifeatiom or drawings, by mebel fir woven change oNer. If any such change affecn me..a, due or me time orperfomemce 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 x,nions of the goods then not shipper, subject to any equitable adjustment between the ponies as to any work or mmedah then in progress provided that me Purchaser shall not be liable for any claims for anticipated profits on the uncompleted partion cf the goods andror work, for incidental or consequential damages, and that nu such adjustment be made in favor of the Seller with respect m any goods which arc the Sellers standard stock. No such harimmion shall relieve the Purchaser or the Seller of my oftheir obligations as to my goods delivered hereunder. 'I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from she dare Ore change or lermiwtion is oolered. R. COMPLIANCE WITH LAW. The Sella wmtmts that all good said hereunder shall have ban produced, sold, delivered Ind fumishd in Shia omplunce with all applicable laws and regulations to which the goods sre subpar. The Seller shall execute aol deliver such documents as may be, requird on effect in evidence compliance. All lass and regulations required to be, ncorporaud in ii radwnn of this chnowad am hereby iworyoramd herein by thin reference. The Seller agrees to indemnify and held the Purchaser Intends from all cos¢ end damages suffered by the Purchaser ns a resist, of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrnen consent ofthe other party. IO.TITLE. The Seller warrants fIL Over and umestrided title to the Purchaser for all equipment, mrtcnat, and i,erns ffrrrixhd in peformantt of this agreement free aed clear of any and all lien,, reduction, occo atikw, ucunry interest encembecia. ad claims of omerz 11. NONWAIVER. Failure of the Purchaser to insist upon senor performm r, of the umn and conditions horde( failure or delay to execomy rights or remedies provided s haor by law. failure to promptly notify the Seller in the event of a breach, anrne acceptance ofor payment for goods hereunder Or approval of the design, shall not release the Seller of any of the wrommlia or obli,ti.m of this purehase holey and shall net he deemed a waiver of any night of the pmchaser to insist upon strict performance hereofor any of its nights or remedies as to any such goods, regardless Of when shipped, received or accepted, as m my prior or subsequent default hereunder, nor shall any purported oat modification or rescission of this purchase order by the Pachuca operate as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sena and the Purchaser recognize that in actual a is practice, overcharges resulting from antitrust violations are in fact borne by the Purchzver. Theremonf er good cause and as consideration fro executing this purchase order, the Seller hereby assigw as me Purchased any and ell claims it may now have or hereafler acquired under fdeml or state antitrust laws for such overcharges relating as the Particular goad or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifine Purchaser direcn the Sella to comat nonconforming or defective good by a date an be agreed upon by the Portland and the Seller, and the Seller thereafter indicates its imbiliry or unwillingness in comply, the Purehasa may cause the work ,o be performed by the most expeditious meets available m iL and the Seller shall pay all costs associatd with such work. The Seller shall release the Purchaser and it, contmcmrs of any tier from all liability and claims of any nature remhing from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such any. The Seller's contractual obligations, including warranty, shall not he deemed to be named, in any way, because such work is performed or caused to be, performed by the pardoner. 14. PATENTS. NTenever the Sella is requird to use my design device, neatenal or process covered by levee patent, trademark for copyright, the Seller shall indemnify and sale harmless the Purchaser Dom any ad sll claims for immi a Bard by reason of the tau of such pmented design, device, mmerial or process in connection with the found, and shall indemnify 0w Purchased for my for,, expense or damage which a may be obliged in pay by reason of such infungemad at any time during the proddrion or after me completion of the work. In case said equipment, or my pan thereof or the intended use office goods, is in such suit held m consulate infraingement and the we of said equipment or pan is enjoin, the Seller shall, at in Own expense and at its option, either prison, for the Purchaser the fight to continue using said equipment or parts, replace the same with substantially equal but noninfdnging equipment, or modify it so it becomes noninfiinging. 15. INSOLVENCY. If me Seller shall become insolvent or bankrupt, make an assignment for me benefit of creditors, appoint e carema Or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purtbased without liability. 16. GOVERNING LAW. The de(nitions ofterms used or me interyretation of de agreement arrd the rights of all Amid hereunder shall be foastmed cold coed governed by me laws ofthe Stare ofColmodo, USA. The following Additional Conditions apply only in cases where the Sella is m perform wink brodual including the ionvim of Sellers Repreuntative(s), on Ne pranius ofomers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the seem, is fully completed and acceptor, and shall, in e of any accident, dabuctit n or injury m me work and/or mammals before Sellers flux[ completion and acceptance. complete the work at Sellas own expense and to the satisfaction of the Purchaser. When materials and quipnern are finished by others for installation or account by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as Nough such materials amour equipment were being fumishal by the Seller under the order. 18. INSURANCE. The Sella shall, in his own expense, provide for the payment of workers deft audaion- including mcupafioual disease benefits, to its employees employed on or in connection widi the work covered by this purchase ordar. ardlm to their depcdenn in accordance wiN the laws of the mute in which the work is to be, done. The Sella shall elm carry comprehensive general liability including, but rent limited to, comncaal and automobile public liability hers am'e with bwedily mum,, and death limits of at least $300,00(1 for my one Prison, S500,000 for my one incident and property damage limit per accident of S400,000. The Seller shall likewise require his asecomms, if any, or provide for such ..,.,.a and iwwn=e. Before my of me Sellers fir his contactors employees shall do any work upon the premises of others, He Seller shall Hannah the Purchased with a certificate that such compensation and insurance have been provided. Such cenificaes shall specify the date when such compensation and insumme have been provided Such cenificats shall specify the date when such compensation and insurance expires. The Seller agrees Nat such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes me entire responsibility and liability for any anal all damage, loss or injury ofmy kind or name whatwever to persons or property caused by or resulting from the execution of the work provin fur in this purchase cold or in connection herewith. The Sella will indemnify and hold Earmleas the Parthasd and any or all of Hie Purchasers officers, agenn sod employees from had against any and all claims, heous, damages, charges or expenses, whether direct or indirect card whaher to persons or property to which the Purtlu may be put or subject by uvon of my ad, notion, neglect, omission or defull an me Pan of the Sella, my of his comracmrs, or any of the Sellers of conmcors officers, agents or employees. In door my suit or other proceedings shall be brought agaired the Purchases, or in officers, agents or employes at any time on =count or by ¢awn of my rat, action, sellers, omission or default of the Sella of my of his contractors or my of in or roam officers, agents or employees as aforessid, the Sella hereby agrees to assume me defense thereof and to defend the same a, me Sellers own expense, to pay any and all con, charged, anomeys fees and other expenses, any and all judgments that may be, inducted by or obtained against the Purchaser or any of in or their officers, again or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of me Purchaser, or said panics in or ss a result ofmch stairs or other proceedings, the Seller will at once craw the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fom[sh and install all girds necessary for the prevention of accident, comply with all laws and regulation with regard to mfay including, but without limitation, the Occupational Sally and Health Ad of 1990 and all roles and regulations issued pursuant mends. Revised 03R010