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HomeMy WebLinkAbout503377 VISION INTERNET PROVIDERS INC - PURCHASE ORDER - 9141698Fort Collins PURCHASE ORDER Date: 03/24/2014 Vendor: 503377 VISION INTERNET PROVIDERS INC PO BOX 251588 LOS ANGELES CA 90025 PO Number Page 9141698 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: 03/24/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Internet Subscription Service 1 LOT LS 7,335.00 26293 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 1. COMMERCIALDETAILS. Tax exemptions. By suture the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tux Exemption Certificate of Registry 84fi0o0587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Imeraal Revenue, Dealer, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 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 payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to urea specifications, either when shipped or due m defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in mnmit may he returned to you for credit and are not to be replaced except upon receipt of Wmom purchaser to insist upon stria Performance hereof or any of its rights or remedirs as m any such goods, irgaNless instructions from the City of Fort Collins. rf when shipped, received or accepted, ss m any prior or subsequent defaul, hereutber, our shall any purported am] modification or rescission of this prerelease, order by the Furchaur operate as is waiver of any of the to. Irepection. GOODS ere subject to the City of Fort Collins inspection on arrivel. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in rapome to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authoTsarinad payem on the pn aof be City of Fail Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize but in actual couromic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in f t home by the Privateer Theretofore, for good cause and as consideration for executing this purchase, order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight farms. Shipments must be FOR, City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless .acquired under federal or state antitrust laws fur such overcharges relining to the particular goods or services otherwise specified an this order. If parde im is given to prepay freight and charge separately, the original height purchased or acquired by the Purchaser pursuant to this purchase oNl bill must mcompany invoice. Additional charges far packing will rat be accepted. Shipment Distance. Whom manufacturers have distributing poin. in surious parts of be man". shipment is expected fur the nearesr distribution Form to destination, and excess freight will be deducted from Invoice what shipments are made from greater disance- Permits. Saner shall prosaic an sellers sale roar all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and toles of the store, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority havingjurisdiction over the work ol'vendo,, Seller further agrees m hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All Parties to this contract agrer Char be mprensantztives are, in fart, bona fide and possess full ad complete anmoriry m bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed herem or inco Forted herein by reference. Any additional or different errrs and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery derto as noted. Time is ofthe essence. Delivery and performance must be effected within be time stated on the purchase order and the documents auachM hereto. No acts of be Purchasers includin& without limitation, acceptance .(partial late deliveries, shall mass, as a waiver of Ws provision. In be rant of any delay, the Purchaser shall have, in addition to other legal end equitable mnoba. the option ofplaceng this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably fonsreable which are beyond its reasonable control and without its fault of negligence, such acts of Gil, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchuer within five (5) days of the fin¢ 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 actually lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will confirms with appliablr drawings, specifiarioas, sample, eager other dromptione given, will be fit for thc purposes imatded, and Performed with the highest degree of are add competence in accordance with accepted standards for work of a similar mare. The Seller agrees to hold the purchaser harmless from any Ices, damage or expense which the Purchaser may suffer or incur on account ofthe Sella breach of warranty. The Seller shall repiam, repair or make goad, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer proud of time as maybe prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not ro be common bly delayed). resulting from imperial or detective work dune or materials fumisbed by the Seller. Acceptance cr om of good by the Purchaser shall nor corestimu a waiver ofany claim under this war airy. Except as oferadse provided in this purchase order, the Sellers liability hereunder shall armed to all damages proximately mused by the breach of any of the foregoing..., . or guarantees, but such liability shall in an event include loss ofprofita or loss of sea. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser may make changes to legal team by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pomhas may make any changes to the tears, other than legal terms, including additions to or delerime, from the penntior, i rigimlly ordered in the specifiatiom or drawings, by vralml or written change order. If any such change offer. the amount due or the time ofperf numme s hereunder, an equiable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinat change ado, terminate this agreement ss to any or all pomiom of the good then not shipped. subject to any equitable adjustment between the ponies as as any work or mairrialk then in progress provided that the Purchaser shall not be liable for any claims for anticipated probes on the uncompleted portion of be good anger work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any grad which arc the Sellers standard stock. No ...h remained. shall relieve the Purchaser or be Seller ofany of their obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from be date the change or lamination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold herennda shall have been pmdtra. sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which be good are subject The Seller shall execute am deliver such documents as may be required to effect or evidence compliance. All laws and regulations r r iml to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign tanager, or convey this order, m any meetings; due or to become due hereunder without be prior waittat convent of the ofer, pony. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items famished in performance of this agreement free and clear of any and all liens, mandamus. reservations, security interest encumbrances and claims of obas 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ube Porcbaser directs the Seller m correct ...at..,, or defective goads by a &so as be agreed upon by the Puabacer and the Selltt, and the Seller thereafter ins iares its inability or unwillinger ss 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 eases associated with such work. The Sella shall release the Purchuer and its contractors of any tier from all liabll Ity and claims of any nature resulting from the performance of such work. This release shall apply even in the evens of fault of negligence of the party released and shall aimed m the directors, oRcers and employres efsuch parry. The Sellers cam anted abligations, including warranty, shall not be deemed lobe reduced, in any way, because such work is performed or earned to be perfomred by the Purchuer. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pretax covered by letter, parent, trademark r as yri%ht the Seller shall indemnify and mare harmless the Pumhaser from any and all claims for inGngemrm by reason of he use of such patented design, device, material or process in connexion with be contract, and shall indemnify the Purchaser for any and, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of be work. In cause said equipment, or any put thamf or be intended me of the good, is in such suit held to cemtimm infringement and be use of said esp quirent or pan is enjoined, the Sella shall, at in awn expense end in is option, eiher p. for the Purchaser be right to continue using mid equipment or parts, replace be same with substantially equal but marinGnging aluminum, or modify it so it becomea tmninfringiag. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an asagmnent fir the heart,, of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Pr choser without liability. 16. GOVERNING LAW. The defialiom of temp used or the interpretation ofbr agrttmem and the rights of.11 parties hereunder shall be consmscd under and govemcd by the lases of de, Same of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is m perform work hereunder, including the servicra of Sella Represenestive(s), on the premises of others. IJ. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in are of any accident, destruction or injury to the work and/or materials before Sellers Mal completion and acceptance. complete the work at Sellers own expense and to the satisfaction of the Purchuer. When materials and equipment are fumhhed by others far, installation or erection by the Sella, the Sella shall receive, unload, score and handle .dine at the site and become rapomible therefor as bough such materiels anger equipment were being famished by the Sella ender the under. 18. INSURANCE. The Sella .hull, at his own expense, provide for the payment of workers comperesmim, including occupatimul disease benefits, to its employres employed on or in connection with the work covered by this purchau order, .auto, to 'hot, dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but not limited to, continental and automobile public habiliN insurance with Marbly injury and death limits of at least 5300,000 for any one person, 55do,ordl for any one accident and property damage limit per accident of Sn)CM. The Seller shall likewise require his nmraxors, if any, to provide for such v0mp-wmLm and insurance. Hispanic any of the Sellers or his contractors employees shall do any weal: upon the premises of others, the Seller shall furnish be Purchaser with a cetificam that such mmpawtion and insurance have been provided. Such ceaifiates shall specify the date when such compensaion and insurance have barn provided. Such artifiata shall specify the date whom such companalicn and insurance expires. The Sella agrees that such compatmtion and insurance shall be maintained until after the afire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury, crony kind r rmwre whatmover b persons or property caused by or resulting from be execution of be work provided for in this purchase order or in connection herewith. no Seller will indemnify and hold harmless the Purchaser and any cr all of be Purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and wheher m persons or pmpeny to which be Purchaser may be put or subject by reason of any act action, region. omission in default on the pan of be Seller, any of his contmmors, or any of be Sella or contractors officers, agents or employees. In case envy suit or other proceedings shall be brought against be Purchaser, or as oRcers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of be Seller of any of his contmcters or any of its or their officers, agents or employees as eforemid, the Seller hereby agrees to assume be defense thereof and to defend be same at the Sellers own expense, to pay any and all casts, charges, a omeys f es and other expenses, any and all judgmen s that may be incurred by or obtained against the Purchaser or any of its or bar officers, agents or atmloyme in such suits or other proceedings, and in case judgment or office lien be placed upon or .1 aired agaima the property ofbe Purchaser, or said parties in or as a rash ofamch suits car other proceedings, be Seller will at once a. b, same m be dissolved and dischanged by giving bond or otherwise. The Sella and his contractors shah sake all safety precautions, f ish and install all guard necessary, for be prevention of accidents, comply with all laws and regulations with mgard to safety including. but without limitation, the Oampafiorul Safety and Health Act of 1970 and all rules and regulations issued pursuant therm. Revised 03I2010