Loading...
HomeMy WebLinkAbout434049 GLOBAL SOFTWARE INC - PURCHASE ORDER - 9141702Fort Collins Date: 03/24/2014 PURCHASE ORDER Vendor: 434049 GLOBAL SOFTWARE INC 3201 BEECHLEAF CT SUITE 170 RALEIGH NC 27604 PO Number Page 9141702 101`2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/24/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price SOTFWARE MAINT & SUPPORT 46332 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: 6,542.00 542.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETARS. Tax exemptions. By statute de City of Fon Collins is exempt from sate and last taxes. Our Exemption Number is 98-04503. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Scrams 1973, Chapter 39-26,114 (a). Goods Rejected GOODS REJECTED due In failure In net specifications, either when shipped or due to defects Of damage in transit, may be returned to you for credit and arc not to he replaced except upon receipt of written instructions tram the City of Fort Collins. Inspection GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, sir or equipment in cammc to Nis order can result in authorized payment an the pan of the City of F. Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon ..plan. of all applicable required irul,anon procedure. Freight Terms. Shipments most be F.O.D., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for pocking will not be accepted. Shipment Distance. Where manufacturers have distributing points in us pans of the country, shipment is expected from the nearest distribution point to destitution, and excess freight will be deducted from Invoice when shipments art made from greater distance. Return. Seller shall procure at sellers to cost all necessary pemmits, certificates, and It.. required by all applicable laws, regulations, oadinaman and rates of the sure, municipality, ternary, or political subdivision where the work is performed, or captured by any than duly comtiated public authority having jurisdimian over be work of vend., Seller further agrees m hold the City of Too Collins hamdcss farm and against all liability and cos incurred by them by reason of an asserted or established violation of any such lass, regulations, oNhtances, roles and requirements. Authorization. All parties to this contract agree that me representatives are, in fact, bma Ode and possess full and Lrradem thority to bind said ponies. IauMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions staled herein set forth and any supplementary or additional menu and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by salon arc objected to and hereby jeced. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to above on your promised delivery date as acted. Time is afthe essence. Delivery and Peifoomma must be effected within the time sorted on be produce Order and the documents attached hereto. No acts of be Pmrchasrs including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver oldies provision. In the event arm, delay, the Purchaser shall have, in addition to other legal and equitable remNies, the option of placing 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 foreseeable which are beyond its reasonable conwl and without its fault of negligence, such acts of God, sets.fcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided Nat notice of the conditions wising such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In be event of any such delay, the date of delivery shall b, extended for be period equal to the time actually lost by mason ofbe delay. 3. WARRANTY. The Sella common Nat all goods, articles, materials and work covered by this order will conform with applicable drawings, specif-tiorts. samples and/or other descriptions giver, will be ft for be purposes intended, and performed wida be highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seiler agrees to hold be puahaser hatmless tram any loss, damage or expense which the Purchaser may sulfa or incur on account of the Sellers breach of warranty, The Seller shall replace, repair m make goad, without can to me purchaser, any defcts or faults arising within one (1) year or within such longer perN of time as may be prescribed by laws by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods fmished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by be Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to.11 damages proximately -omit by the breach of any of the foregoing warranties or guamntas, but such liability shall in no event include lass of profits 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 tams by wrinen change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser en may make any changes to the mu, other than legal menu, including additions to or delutimis from the quantities originally ordered in the specifications or drawings, by verbal Or women change order. If tiny such change aRmu be em.nm dne.r the time of perfomtence hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may to any time by women change oner, smcincm this agrecmcm as hi any or all ponions of the lumen then not shipped, subject to any atonable adjustment between the ponies as to any work or natedrls then in progress provided Nat the Producer shall rat be liable for any claims for anticipated profits on be uncomplad Portion of the goods wallor work, for incidental or mmaluenual damages, and that m such adjustment be made in favor of the Seller w'i h respect or any goods which are fe Sellers stondaul stock. No such worrinaion shall celiac the Puchasa or the Seller ofany affront, obligations as to any good delivered herernder. 7. CLAIMS FOR ADIUSTMENT. Any claim for adjustment must be msmed within tiny (30) days from the date be change or temcinsum is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold hereunder stall have been produced, sold, delivered and f roomed in strict compliance with all applicable laws and regulations 1. which the good are aubjaL The Seller shall execme and deliver such doornmen as may b, required to eRea or evidence compliance. All laws and regulations squired to be incapacitated in eg ream. of this character as hereby incoepomted herein by this reference. The Seller agscs or indemnify and hold be Purchaser harmless form all casts card dmnaga suffered by be Purchaser as a it of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pany shall cosign, transfer, or convey this order, or any monies due a to become due hereunder without the Prior written came. ofbe other party. I D. TITLE. The Seller warrants full, clear and unrestricted title to be Purchaser for all equipment, materials, and items famished in Performance of Nis agreement. face and clear of any and all liens, rembeti.m, reservmiore, vecudty homes, encumbrances and claims ofotbers. 11. NONWAIVER. Failure of the Pardoner to insist upon mitt Performance of be tenor and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, examine be acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of his purchase order and shall not be deemed a waiver crony right of me purchaser, to insist upon strict performance hereof or any of its rights or readies as to any such goods, regardless .f whm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OP ANTITRUST CLAIMS. Seller and be Purchaser recognize that in actual ec is practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Themofors, foegood 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 acquired under federal or store antitrust lass for such overcharges relating to the panimiar goods or services purchased or acquired by the Puromber pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming Or defective goads by a date to be agreed upon by the Purhaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may caul the work m he performed] by the most expeditious means available to it. and the Seller shall by all costs ..amid with such work. The Seller shall ml. be Porchuer and its resurames of any tier farm all liability and claims of any vanve resulting firm the performance of such wort:. This release shall apply even in the event of fault of negligence of dr, pony relessed and shall extend to the directors, olfccrs and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed or be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Soler is required to use any design, device, material or process covered by tenor patent, trademark or copyright, the Seller shall indemnify and save hornless the Purchaser from any and all claims for infringement by reason of the rue of such patented design, device, material or proass in connection with the tooted, and shall indemnify me Purchaser far any cost, exports, or damage which it may be obliged to ay by ream. ofsuch irufn'vgerncm at any time during the prosecution or after the completion of the work. In case said equipment, or any but thereof or the intended use of the goods, is in such suit held in constitute infringement and the use of said equipment or pan is mjoinN, 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, ¢place the same with substantially equal but contributing equipment, or modify it so it becomes n.ninfringing. 15. WSOLVENCY. If the Seller shall become insolvent or baN:mpt, make an assignment for the benefit of credimrs, optimal a receiver Or trustee for any of the Sellers property or business, this order may forthwith the, canceled by Ne Purchaser without liability. 16. GOVERNING LAW. The definitions .fit. rued a be inmrpndimen of the agreement and be rights clul panics hereunder shall be construed under real govem,d by be laws offe State ofColordo, USA. The following Additional Conditions apply only in cases where be Seller is in perform work hemostat including be services ofSc1lmr Repremnutive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Settees own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and., 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 aluipmrnt are furnished by be. for irtsallati.n or manna by foe Seller, me Seller shall receive, unload, shire and handle same at be site and become rezponsible therefor in though such mammals and/or equipment were being famishd by the Sella under be order. - HL INSURANCE. The Sella shall, at his own expose, provide for the payment of workers mmpen Lion, including occupational disease benefits, to its employees employed on or in connection with be work covered by this purchase order, ardor to bar dependents in accordance with the laws of the state in which be work is to W done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance nce with bodily injury and death limits oft least $300,000 for any one person. E500/Hq for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if now, to provide for such compensation unit insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish be Purchaser with a certificate bar such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such carnerta shall specify be date when such compensation and insurance expires. The Sella agrees bar such compenation and imurim- shall he maintained it after foe entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire tesponsibiliry and liability for any and all damage, loss or injury of any kind or nature whats.ever to persons or property, comed by or resulting from the execution orbc work provided for in this purchase order or in connection herewith The Seller will indemnity and hold harmless the Purchaser and any or all of the Purchasers officers, 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, amission or default on be pan of the Seller, any of his conlmclots, or any of the Sellers or antradon officers, agents or employees. In case any suit or other proceedings shall be brought against be Purchaser, or its officers, agents or employees at any time on account or by cerium of any act. action, radial, omission or default of the Seller of any of his contractors or any of its or be'e officers, agents or employees as aforesaid, the Seller hereby agrees to assume the define, thereof and m defend the same at be Sellers owns asperse, to pay any caul all eats, charges, attorneys f es and order expenses, any and all judgments that any be, mounted by or obtaiad against to Purchaser or any of its or bet officers, agents or employees in such suits Or other proceamp, mod in case judgment or other lien be placed upon or obtained against be progeny of be Pmchoser, or said panics in or as a result of such suits or Ober procedings, be Seller will err oat -use be same m be dr sohmed and discharged by giving band or obcrvise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, fe Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03CO10