HomeMy WebLinkAbout127569 FRONT RANGE INTERNET INC - PURCHASE ORDER - 9134447Fort Collins
Date: 04/03/2014
Vendor: 127569
FRONT RANGE INTERNET INC
3350 EASTBROOK DR
FORT COLLINS CO 80525-5731
PURCHASE ORDER
PO Number Page
9134447 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 08/14/2013 Buyer: DAVID CAREY
Note:
Line Description ""'"""`y UOM Unit Price """"""
Ordered Price
2 Addendum to PO# 9134447 1 LOT 53.75
2U Rack
for 21L) Rack mounted fan in Rack D1.
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 $53.75
Invoice Address:
a
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
L COMMERCIALDETAIfS.
Tax exemption.By statute the City of Fort Collins is exempt fusion state and local Date. Our Exemption Number is
II. NONWAIVER.
98-04502. Formal Excise 1'ax Exemption Cefificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon start palmor nn o of the tamer and conditions hereof. failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 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 ofor payment for goods hereunder or approval of the design, shall not release the Seller of
Grads Rejected. GOODS REJECTED due m failure m meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not M deemed a waiver of any right of the
damage in transit, may M mutual to you for credit and art not to M replaced except upon receipt of wrinen
purchaser to insist upon strict performance hmofor any of its rights or remedies az to any such goods, mpai
instructions from the City of Fan Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponcd
am[ modification Or rescission of this purchase order by are Purchaser operate as a waiver of my of life team
Inspection GOODS are subject to the City of Too Collins inspection on critical.
humor.
Final Acceptance. Receipt of the exachandise, services or equipment in response to this order can mutt in
11 ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of ran Collins. However, it is to M understood that FINAL
Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from annmtst
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchase, Theremfore, 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 Terms. Shipments must be F.O.B., City of Fan Colli., 700 Wood SL, Pon Collins, CO 80522, unless
acquired under federal or state antitast laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge sepammly, the odglnd freight
purchased or acquired by the Purchaser pursuant o this purchase Oder.
bill must accompany invoice. Additional charges for packing will not od accepted.
Shipment Diction s. Where manufacturers have din ibufing points it various parts of the country, shipment is
expected from the named distribution point m destination, and excess fight will be deducted fmm Invoice when
shipments are made firm greater distance.
Permits. Seller shall pressure at sellers sole cast all necessary permits, cenificutes and licenses required by all
applicable laws, regulations, Ordinances and rules of the state, municipality, tanmry or political subdivision where
the work is performed, or required by any other duly constiwted public authority having jurisdiction over the work
of vendor. Seller buffer agrees to hold the City of Fan Collins harmless from and against all liability and loss
mans by than by reason of an created or established violation of any such laws, regulations, ordinances, tales
and requiremcvs.
Authorization. All parties to this conlmct agree that the representative are, in fuel, bona fide and poses full and
complete authority m bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m life terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hems or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediamly ifyou cannot make complete shipment to arrive on your
promised delivery clue as noted. Time is of the acme. Delivery and performance mar be effected within the time
stated on the purchase, order and the chrome. mt.hed hereto. No acts of the Purehncrs including, without
limitation acceptance ofpsaul lam deliveries, shall opaum as a waiver ofthis provision. In the ,at ofany delay,
the Purchaser shall have, in addition m other legal a J equitable remedies, the option of placing this order elsewhere
and holding ate Seller liable for damages. Howes, the Seller shall not W liable for damages as a result of delays
due m causes tar reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, p,onar ental priomies, foes, strikes, Rood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller Fort received knowledge thereof. In the event of any such delay, the dam of delivery shall be
extended for the period equal Ica the Iime eenwlly lose by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work coveted by this order will conform want applicable
drawings, specifrcatio., samples mmrm other descriptions given will be fit far the purposes amended, and
Performed with rise highest degree of care and compete.e in accordance with accepted standards for work of a
similar .tore. The Seller agrees to (told the pmobseer harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or nuke
good, without cost m the purchaser, any defects or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (arcepmnce not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fam¢hed by the Seller. Acceptance or use of goods by the Pure sser shall not
onfimte a waiver of any claim ands this war.ry. Except as otherwise provided in Nis purchase order, the Sellers
liability Immoral shall extend to all damages proxlmat,ly aused by the breach of my of the fiam a rig warranties
or guarantees, but such liability shall in no event include loss of profits or loss of ase. NO IMPLIED WARRANFY
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.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions firm
the quantities originally ordered in the specifications or drawings, by cabal or written change order. If any such
change affects the amount due of the lime of perfommnce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wri change order, terminate has agreement as to any or all pofiom of the
goads then .t shipped subject to any equitable adjuvmmt be seen the parties in to my work or materials then in
progms provided and the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
punion of the goods andsor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect In any goods which arc the Sellers standard stack. No such termination shall relieve
the Purchaser or the Seller of any of then obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must SO assured within thirty (30) days fmm the date the change or termination is
ordered
I. COMPLIANCE WITH LAW.
The Seiler warrants that an goads sold Hereunder shall have been produced sold, delivered and famished in strict
compliance with ell applicable laws and regalmlom m which the goads are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
ncorporated in agreements of this character are hereby incorporated herein by his reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all cuss and damages suff red by the Purchaser as a result of dhe
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shut] assign, counter, or teavey this other, of my movie due or m become due bere.der without the
prior "am consent ofth, other wary.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumishal
in perfomance of this agreement, free and clear of any and all liens, reductions, reservations, security interest
Inc nabmncn and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct ct nonconforming or defective goods by a date to M agreed upon by the
Paramour and the Seller, and the Sella thereafter indicates its inability or unwillingness w comply, the Purchaser
may cause the work to he performed by the most expeditious means available to it, and the Sella shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contraclurs of any tier from all liability and claims of any nature
eselring farm the Performance of such work.
This release shall apply even in the event of fault of negligence of the party mr-ed and shall extend 1. the
directors, officers and employees ofsuch perry.
The Sellers contractual obligations, including wasi shall not be domed to be financed, in any way, momme
such work is performed or caused to M performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copynds, the Seller shall indemnify and save hatmlas the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cos, expense or damage which it may be obliged an pay by resort of such
infringement many time during the prosecution or after the completion of th<work. In case said equipment, or
any pan therof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part is joined, the Seller shall, at in own expense out at its option, either promos, for the
Purchaser the right to continue using said equipment or pars, replace am same with samurai equal but
noninfringivg equipment, or modify it so it becom snomination,
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may farthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights ofall parties hereurda shall be
co.mred under and goveaed by the laws of the Sate ofColomdo, USA.
The following Additional Conditions apply only in cases where the Sella is to Perform work here.der
including the services ol'Sellm Rquesevmtivids), an the penises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
a. se of any accident, destruction or injury to the work and/or mularm. before Seller's foal completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mamrials
and equipment are famished by others for installation ar ma. by the Seller, the Seller shall receive, unload,
store and handle some a1 the site and become responsible therefor as though such materials and/or equipment
were being fmniaed by the Seller maker the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to if, employees employed as or in connection with the work covered by this purchase order,
andror to their dependents in accordance with the laws of the star, in which the work is to be done. The Sello
shell elm carry omprehatsive general liability including, but not limited to, contractual and automobile public
liability insurance with brdily injury and death limits of at most S300.000 for any one persoq S500,000 for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise squire his
common , if any, to provide far such compemadim and insurance Bet any of the Sellers or his contractors
employees shall do any work upon the premium of offers, the Sella shall f ish the Purchaur with a certificate
that such compensation and insurance have been provided. Such ema fimtn slut] specify dot date who such
compensation and imucarm have been provided. Such cmificates shall specify the date what such compensation
and insurance expires . The Seller agrees that such compensation and i.uresm shall M maintained until after the
entire work is complete and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the mine responsibility and liability for any and all damage, loss or injury of any kind
or nature whosoever 10 persons or property caused by or resulting fmm Ne execution of the work provided for in
this purchase order or in correction herewith. The Seller will indemnify and Mid harmless the Purchaser and any
r ell of the Purchasers othersge c, ants and employees from sad against any and losses, call claims, duration,charges or expanses, whmber direct or iodion, and whether m Persom or property to which the Purchaser may
he put or subject by reason of my act, action, neglect, omission or default on the pan of the Sella, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shut] M brought against the Purchaser, or in officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their arrears, agents or employees as aforesaid, the Seller hereby agrees to assume the defense therm( and to
defend the same at the Sellers own expers , to pay any and all toss, charges, ittomeys fees and other exactions,
any and all judgme its that may be incurred by or obtained against the Purchaser or any of its or their oflicen,
agens or earn ors in such suits or other proceedings, and in case jad8mrnt or other lien W placed upon or
obtained against the property offs, Purchaser, or said p vain is or as a molt of such suits or other proceedings,
the Seller will at once mum the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety pr ournom, famish and from[] all guards necessary for the prevention of
accidents, comply with all laws .d regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuam thereto.
Revised 03/2010