HomeMy WebLinkAbout116519 MAXWELL PRODUCTS INC - PURCHASE ORDER - 9141517Fort Collins
Date: 03/12/2014
Vendor: 116519
MAXWELL PRODUCTS INC
650 DELONG ST
SALT LAKE CITY UT 84104-3911
PURCHASE ORDER
PO Number Page
9141517 'eft
This number must appear
on all invoices, packing
sli s and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 03/11/2014 Buyer: JOHN STEPHEN
Note:
Line Description Ordered UOM Unit Price Price
1 24.000 LBS NUVO CS-B @$0.53/1-13
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
Total
Invoice Address:
12,720.00
$12.720.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERC[ALDEFA1LS.
Tax exemptions. By statute the City of FortCollins is exempt from state and hsmI urns. Our Exemption Number is
ILNONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry MijXXX 58T is registered with the Colbourn, of
Failure of the Purchmer to four upon strict performance of the term road conditions hacof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a).
exerc6e nay rights or mnalies prodded herein or by law, failure on promptly notify the Seller in the event of is
breach, the acceptance of or WYmant far goods hereunder ar approval ofine design, shall a., release me Seller of
Goods Rejected. GOODS REJECTED due to failure to mad specifications, either whm shipped or due to defects of
nay of the wwrwties or obligations of this purehxse order and shall not be deemed a waiver of any right of tie
damage in pomir, may be returned m yen for credir and are not m be replaced except upon receipt of wrinm
purchaser to insist upon strict performance hereofor any arms rights or remedies as to any such goods, regaffleas
instructions from the City of Fon Collins.
official shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any prowned
am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
lon, ocion. GOODS are subject to the City of Fort Collins ins,ectim on arrival.
hereof
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF AN'I'(TRUST CLAIMS.
authorized payment on the pan of the City of Fiat Calif., However, it is to be understood that FINAL
practice, overcharges from wus tiul
Seller and the Purchaser recognize that in actual economicreaching
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
dolations am in fact same by the Purchaser. Thercmf.refor good cause and as consideration for executing this
purchaw order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments mutt be F.O.B., City of Fun Collins,'100 Wood St-, Fon Collins, CO 80522, unless
acquired undo, federal or slam wronm, laws for such macharges relating to the pwricular grinds or services
odauwise specified on this area. Upermission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant on this purchase order.
bill mast wcumwnr invoice. Additional charges for packing will not be scanted.
Shipment Distance. %Vhere manufazutrers have distributing points in various pans of the country, shipment as
expected! form the nearest distribution point la rundowns, and excess freight will be deducted from Invoice when
shipments are made from greats distance.
Permits. Seller shall procure at sellers sole cast all nencon, permits, certificates and licenses required by all
applicable laws, regulations, wilmences and odes of the sta,o, municipality, territory or political subdivision where
the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Sella further agrees to hold the City of Fall Collins harmless from and against all liability and lass
remal by them by reamn of an soared or established sultana Of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bons Ode and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stared
herein set forth and any supplementary or additional term and condiriom annexed bacto or incoporaed herein by
macrame. Any additional or dlRersrr corms and condiriom proposed by sells are objected to slid hereby jated.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately Ryaw ea000, make complum shipment m anise on your
promised delivery dare as noted. Time is of the aware. Delivery and performance must be ef@ned within the time
stated on the pumbaw order and the documents muchal hereto. No was of the Pmchasm including, without
limitation, acceptance apartial late deliveries, shall OPanic 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 order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages an a result of delays
due to causes ,in rwsonawl, foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcivil or military authorities, g wornmental prionties, fires, mikes, flood, epidemics, wars or
now provided that notice of,he conditions causing such delay is given to the Purchaser within Eve (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 period egwl m the time actually last by rowan ofthe delay.
3. WARMNTY.
The Sell,, wamwx that all goods, articles, materials end work covered by this maker will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the puryoses intended, and
performed with the highest degree of care and competence in accord wn with accepted standards for work of a
similar narace. The Seller agrees to hold the purchaser hamless from any loss, damage in expense which the
Purchaser may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaua any defets or faults arising within one (1) year or within such longer period of
time as may be presented by law ov by the terms Of my applicable warranty provided by the Seller after the dam of
acceptance of the good furnished hereunder (acceptance not to be mo rsonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or line of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hasunda shall extend m all damages proximately crowd by the breach of any of the foregoing summaries
or guarantees, but such liability shall in no event include loss ofp,ofita or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purcha er nay make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m the tames, other than legal temp, including additions to or dole ions from
the quantities Originally ordered in the specifications or drawings, by verbal or somon change order. If any such
change sfiaO the amount due or the time Ofperfmmapttt boundaries, not equitable ndjummcnt shall be, spode.
6. TERMINATIONS.
The Purchaser may at any time by women change offer, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any attitude adjustment between the parties as to any work Or materials then in
progress provided that the Purchaser shall not be liable fur any claims for anticipated prong oa the uncompleted
portion of the goods andfr work, for incidental or consequential damages, and that no such adjustment he made in
favor of the Seller with respect o any goods which art the Sellers standard smock. No such termination shall relieve
the Purchaser or the Seller of any oftheir obligations m to any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for miju nail must be armed within thirty (30) days from ,he date the change err temimation is
armed.
8. COMPLIANCE WITH LAW.
The Seller nowarx that all good sold hereunder shall have been produced, sold, delivered and fumisltW in stria,
compliance with all applicable laws and regulations m which the goods are subject. The Seller shall execute and
deliver such documents as maybe required to effect or evidence compliance. All laws wind regulations required to be
incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees w
indemnify and hold the Purchaser harmless from all costs and damages suffaN by the Purchmer m a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without he
poor written cause., of the other parry.
10. TITLE.
The Seller wamns hall, clear and paratncted title tO the Purchase for all equipment, materials, and items furnished
I. perfomance of this sgmemen, lam and clear of nay cod all liars. restrictions, reservations, security imams,
encumbrances and claims oforhers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by Om
Pmchasa and d Seller and the Seller thereafter indicates s its inability or unwillingness to comply, to Purchaser
may cause the work to be performed by the most expeditious coons mailable In it, and the Seller shall pay all
rests associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any wore
waning from the Performance of such work.
This release shall apply even In the event of faun of negligence of the party released and shall extend to the
directors, oficas and employees of such parry.
The Seller's command obligaiom, including w.ly. shall not be deemed so be reduced, in any way, became
such work is persuaded or caused to be performed by the Purchaser.
14. PATENTS.
Vcheneves du Sella is squired to use any design, device, material or process covered by lane,, weer, medemork
r copyright, the Seller shall indemnify cod save handles the Purcbud from any mad all claims for infringcmcm
by reason of the vas of such patented design, device, material at process in marsection with the control, and
such indemnify the Purchmer for any cos, capons, or damage which it may be obliged to pay by reason of such
iM'ngement at any time during the prwmtion or afar the completion of the work. In care said nuipmem, or
any pan thereof or the intended use of the good, is in such suit held to continue infn-ngemmt and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procwe for the
Purchaser the right to continue using said equipment or pans, replace the sane with substantially equal but
noninGnging equipment, or modify it so it becomes noninfringing.
I S. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint u
err msme for any of the Sellers property a business, this Offer may forthwith be canceled by the
Purchase, without liability.
16. GOVERNING LAW.
The definitions of team used or the interpretation ofine agreement and the rights ofall ponies hereunder, shall be
omtmed under and govemed by the from of the Some of Colorado. USA.
The following Additional Conditions apply only in camen where the Seller is to perform work hereunder,
including the smico of Sellers Repmuautive(s), an the premises of others.
12. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully complered and accepted, and shall,
in -e of any accident, deabuction or injury to the work and/or materials before Sellers Final completion and
acceptance, complete she work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by .,he. for murdering or erection by the Seller, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor on though such nuten ds wolcor equipment
were being famished by the Sella underthe Omer.
IS. INSURANCE.
The Seiler shall, a, his own expense, provide far the payment of wodxrs compearatim, wcluding comparimal
dimau benefits, to its employees employed on or in connection wit the work covered by this purehan, order,
and/or to their dependents in sccomanm with the laws of the sum in which the work or to be done. The Sella
shall also cn, compmhenswe mmad but including. but Trot limited to. mn,maual and antomobile public
Ii rad, imumnce with bodily injury and deog limits of at lean S300.00 for any one person, SSOwOW For any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
corrosion, If any. to provide for such comperviamon and announce. Before any of the Sellers sohis contractors
s employeeshall do any work upon the premises of others, thSella shall punish flow Purchaser with is catifcnm
that such mmpeneation and insurance have been provided. Such actuates shall specify the date when such
compunction and imumnce have been provided. Such certificates shall specify the date when such compensation
and imumnce expires. The Sella agrees that such compensation and insurance shall he maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES,
The Sella hereby assomes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nmme whatsoever awrs.m or property, couwd by or resulting from the reaction of the work provided for in
this purchase color or in connection herewith_ The Seller will indemnify end hold harmless the Purchaser tad any
or all of the Purchasers affairs, agents and employees from and an., any and all claims, losses, damages,
charges as expanses, avbe bur direct or iMiros, and whether to persam or praperty to which the Purchaser may
be put or sobjour by sawn of any ao, scrim, regla, omission or default on the part of the Seller, any of his
commetors, at any of the Sellers or contractors officers, agents or employees. In can, any suit or other
proceedings shall be brought against the Purchaser, or its officers, asap or employees in any dine on account or
by reamn of any act, action, negla, omission or default of the Sella of any of his components or any of its or
their officers, agents or employ«, m aforesaid, the Sella hereby agrees in assume the defense thereof cod to
defend the same at the Sellers own expense, to pay my and all cents, charges, attamcys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their amours,
agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or
.burned awinsnbe property of the Purchaser, Or said parties in or as a result of such writs or other proceedings,
the Seller will or once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws cod regulations with regard to aafety including, but without Radiation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Raised 030010