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HomeMy WebLinkAbout489486 TUV RHEINLAND OF NORTH AMERICA INC - PURCHASE ORDER - 9141588Fort Collins Date: 03/18/2014 PURCHASE ORDER Vendor: 489486 TUV RHEINLAND OF NORTH AMERICA INC 1300 MASSACHUSETTS AVE STE 103 BOXBOROUGH MA 01719 PO Number Page 9141588 left 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: 03/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price EMS Stage 1 Audit 1 LOT LS 2,400.00 Per Quote #21522317 2 EMS Stage 2 Audit Per Quote #21522317 3 EMS 2015 1st Annual Surv. Audi Per Quote #21522317 4 EMS 2016 2nd Annual Surv. Audi Per Quote #21522317 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 1 LOT LS 1 LOT LS 2,400.00 2,400.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exentptiora. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Failure of the purchaser to insist neon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chap,or 39-26,114 (a) exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or p.,Main for goads hereunder or approval ofthe design, shall not release the Seller of Goods Rejecter GOODS REJECTED due to failure to at sped fiwtions, ours, when shipped or due to defects of any of the warranties or obligations of this purchase.,do, and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon short performance hereof or any of its rights or remedies as to any such goods, regardless instructions form the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms iaspermn. GOODS a a subject to he City of Fort Collins inspection oa arival. hereof. Flail Acceptance. Receipt of the merchandise Servicesto equipment in response this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment,a the pee of pl ion of Few calla However, it w m be understood That PMA1. Seller and the Pu¢M1aaer recognize than in acme economic dcaue, overcharges coneresulting from on, this ACCEPTANCE is dependent uponcompletion.Callapplicable required inspection pmcedums. purchase ea in fact Some he the assigns¢The Purchaser rouse andas cif may now for have or purchase order, the Sella hereby assigns is the s u h a amendment any and all claims Ie m.y now hove or hereafer Freight a sped Shipments must be RQB. Gtis of Fon Collins, r00 Wand har port Collins, CO 80522, unless acquired undo federal or state antitrust laws t shiM1 se old relating m ds particular goods or services bill scompany i. this m,er,Aditional b.,, isrpar toprcpa[a.,bertcepand eharge separately, the original (might purchased or acquired by the Purchaserpunuantto this purchase older. bill must accompany invoice. Additional cM1arges far pocking will soh be accepted. 13r PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. expected from the n-m,tre manufacturers poi have distributing a d excess sft. oe pans de the country, Invoice w is Bribe and the era r, a dSellero correctthereafter hrnonwnfomltng or defectivegoodsby a doss to be agreed a on byPurchaser the shipments from adefr m greater point ro destination, and excess Gught will be deducted from Invoice when may and the work So and the Seller ythe most expeditious imeanryor available unwillingness he Selletheall pay all sM1ipmenls are made form greater distwce, may wax the work robe performed by the most expeditious means available to it, and the Seller shrill pay all costs associated with such work. Permits. Seller shall Dmcure al wipers sole cast all necessary permits, cenificmes end licenses required by all applicable laws, regulations, ordinances and roles of the state, munuipallry, territory or political subdivision where the work is perfam¢rl, or required by any other duly constituted public authority having jm cefterion over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss by them by reason of an asserted ar established violation of any such laws, regulations, ordinances, talcs incurred an,formea6. Amortization. All parries to this cantmct agree that the rep.... chimes we, in fad, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teems and conditions stared herein set fonM1 and any supplementary or additional terms and eonditions annexed herd, or IncoTomted herein by reference. Any additional or different terms and conditiotss proposed by seller are obtained to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery data a, noted. Time is ofha essence. Delivery and performance all be effected within the rime stated on the pnrdtase order and the documents arched harem. No acts of the Purchasers including, without limimrioo, weepmnhe ofpartial late deliveries, shall operate as a waiver of this provision. In the event ref any delay, the Purchaser shall have, in addition to other legal and Suitable remedies, the option of placing this order elsewhere and bold,, the Seller liable for damages. ll.wevep the Seller shall not be liable for damages; as a result of delays due to eouses not...com bdy foreseeable which are beyond its reomtmble control and with., its find, of negligence, suet sots of God acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions csuaing 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 period equal to the time aetrlly lost by mason of the delay. 3. WARRANTY. The Seller warrants that .116.ad,, articles, materials and work covered by this order will confomt with applicable dawings, specifications, couples and/or other descriptions given, will be ❑t for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards far walk of a similar nature The Seller agrees to hold the purchaser harmless from any loss, damage o, expense which the Producer may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults wising within am (1) year or within such longer period of time as may be prescribed by law or by the terms ufony applicable warmnry, provided by the Seiler after the date of acceptance of the goods famished hereunder (acceplance not to be unreasonably delayed), resulting from importer, or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase oNer, the Sellers liabil 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 ofpmfits or loss 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 contain change eider. 5. CHANGES 3N COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the spccificalwnn or da rings, by verbal or carmen change order. If coy such change affects the amount due or the time of,rfomeance hereandes an equitable adjustment shall be made 6. TERMINATIONS.. The Purchaser may at any time by written change oNer, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the Entries as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goads -War work, for incidental or consequenlial damages, and that no such wholonard be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofatry of their obligations as many goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Amy claim for adjustment must be assencd with,. lorry (3ll) days from the date the change o, topromatian is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in s,a, compliance with all applicable laws and a,].Iran, m which the goods are subject, The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required,. be moRonted in agreements of this character ere hereby moon, sled herein by this reference. The Seller agrees ro indemnify and hold the Purchaser harmless tram all costs and damages supposed by the Purchaser as a resell of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this older, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants Cull, clew and unrestdaed title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all lieu, restrictions, reservations, security interest enwmbmnces and claims of oNer,. The Seller shall release its, Parnell, and its amuchr ors of any tier from all liability and claims of my nature resnlfng from the performance of such work. This release shall apply even in the event of Paull of negligence of the party released and shall extend to the directors, officers vnd employee ofinebpony. The Sellers ca placmal obligations, including wananry, shall not be deemed to be redo W, in any way, because such work is perforated or caused to be perforated by the Purchaser. 14. PATENTS. WM1eneverhhe Seller is required to use any design, device, material or process covered by letter, paleny tidemark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by .,.a of the use of mad, parented design, device, material or process in connection with me contract, and shall indemnify the PurcLamr for any cost, expense or damage which it may be obliged to pay by mason of Such infringement at any time durhtg the prosecution or after the completion or the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constime infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but n.minfringing equipment, or modify it so it becomes hamstringing. 15, INSOLVENCY. If the Seller quell become insolvent or harmer make an assignment for the belief, of creditors, appoint a receiver or trustee for any of the Sellers property or business, ,his order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions informs used or the interyrn,ion of the agreement and the rights of all ponies hereunder shall be construed made, end g ma mad by the laws ofthe Sam, .&C.1crad, USA. The following Additional Conditions apply only in where the Seller is toperform work hereunder, including the services of Sellers Repmaenati rds), on thecases premises ofothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is miry completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are morthed by others for installation o, erection by the Sell,, the Seller shall receive, unload, stare and handle same a, the site and become responsible therefor as though such materials mayor equipment were ban, furnished by the Seller under the order. 19. INSURANCE. The Seller shall, al his own expense, provide for the payment of workers compensation, including occupational disease bwefils, to its employees employed on or in connection with the work covered by this purchase order, vnyor to their dependents in accordance with the Incas of the state in which the walk is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and aummobile public lieblliy ocaus. a conk bodily injury and death limits arm least $300,000 for any ono person, S500,000 for any one accident and property damage limit per occident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his commetors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided- Such certificates shall specify the date when such compensation and insurance have been provided. Such certificate, shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be nwinain ul until after the .it,, work is complerM and avr,I 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase older or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any no all of he Purchaser .few, , agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his violations, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brouKM1, againct the omission or or efits officer, news our employees contractors any time on y ooant or th reason of any nap action, neglect, omission of default of the Seller es any of histhedfenor any aria or their officers, agents or employees as aforesaid, the Seale hereby agrees es assume the defense thereof and s, defend the same at the Seaters own expense, b pay any and all costs, charges, attorneys orfees and other expenses, any and all judgmes i that maybe r other roe obtained in case the Purchaser or any i its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or s, obtained against the property of the Purchases or said panics in dor ischarged a rising of bond o suits or other proceedings, the Solerwill athall cause the same trecadissolved and and by giving boorasotherwise. The Seller and his dents tors shall eke all safety d regulations growth sod install safety all guards necessary for the prevention hof e Ocupati comply with allHe laws and 1970a nda with regard to ons including, but without limitadon, the Occupational Safety and Health Act of 1990 and all calls and regulations issued pursue, thereto. Revised 03I2010