HomeMy WebLinkAbout119019 INTERMOUNTAIN SALES OF DENVER INC - PURCHASE ORDER - 9142103PO
PURCHASE ORDER 914210er Page
C117/ of PURCHASE
9142103 t of z
�} Collins
ins This number must appear
` v ` 1' on all invoices, packing
sli s and labels.
Date: 04/15/2014
Vendor: 119019
INTERMOUNTAIN SALES OF DENVER INC.
3792 S LIPAN ST
ENGLEWOOD CO 80100-3454
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 04/14/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Tech Rescue Equpment
Invoice 21589 dated 1/28/2014
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.mm
1 LOT LS
16,657.34
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. COMMERCIALDEfAILS.
Tax exemptions. By sutute the City affirm Collins is exempt from state ad local man. our Exemption Number u
11. NONWANER.
9& M502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Pwmhma to insist upon am et pert erne of no terms and conditiom hereof. failure or delay to
internal Reacnue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 (a).
exemise any rights or remedies provided herein or by lax', failure to immunity vanity the Sella in the event of a
breach, she acceptance of., payment for goods hereunda or approval afthe design, shallot release the Seller of
Goods liaparal. GOODS REJECTED dae to failure to men Notifications, either when shipped or due to defects of
any of the wammies or obligations of this purchase order and shall not nd downed is waiver of any right of the
damage in transit may be muted to you for credit and art not to be replaced except upon receipt of w hou
parebasa to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless
instructions from the City arrant Collins.
of when shipped, received o accepted, in to any prior of subsequent default hinander, nor shall any puryoned
oral modifiamen or maintain. of this purchase order by the Purchaser operate as a waiver of any of de anon
Impedion. GOODS are subject to the City of Fort Collins impaction on arrival,
hamof.
Final Acceptance. Racipt of the merchandise, scanner or equipment in response to this order an rauh in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Too Collins. Ho-Osa, it is to be undemod that FINAL
Seller and the Purchaser recognize rhot in actual ec is practice, overcharges mulling Bom antitmst
ACCEPTANCE is dependent upon completion ofall applicable required impaction monition.
violations are w fact home by the Purchaser. Theretofore, forgoodcome, and as consideration for caroming this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or harafta
Freight Terms. Shipments most be F.O.D., City of Fort Collins, 705 Wood St., Too Collins. CO 80522, unless
acquired trader federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise speciriel on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bit must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expelled form he aroma, distribution ,at to destination, and excess freight will be dediand from Invoice when
shipments .,a made from grcut,, distance.
Permits. Seller shall procure at sellers sale cost all necessary permits, cenificmes and homes required by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly command public authority having jurisdinion over the work
of vendor. Seller further agrees to hold me City of Fort Collins hhmless Gom and against all liability and loss
incurred by form
by remain of an asserted or established violation of any such laws, regulations, ordinanc
e, rates
and requirements.
Authoritarian. All pities as this contract agree than the representatives are, in fact, bona fide end posxss full and
complete authorityno bird said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits consequence, to the man and conditions noted
herein set forth and any supplementary or additional mma and conditions annexed hereto or incorporated herein by
reference. Any additional or different team and conditions purposed by seller art objected to and hereby jetted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date m noted. Time is ofthe esserce. Delivery and performance mast b<effected within the time
stated on the purchase order and the documents attached herem. No act of the Purchasers including. without
limitation, acceptance Mpartial late deliveries, shall opruche. a waiver of this provision. In he event of any delay,
the Purchaser shall have, in addition Coo other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella sit 11 now be liable for damages in a result of delays
due to causes now m:nom ilal, foreseeable which are beyond its reasonable contrul and without its fault of negligence,
tech acts of God, acts mcivil or military authorities, gtive rat priorimi n, fires, mikm, flood, epidemic, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (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 actually lost by reason ofthe delay.
3. WARRANTY.
The Sella warrants dal all goods, articles, matems and work covered by this order will conform with applicable
drawings, specifications, samples andor other descriptions give., will be fit far de purposes intended, and
Performed with die highest degree of care and competence in accordance with accepted standards for work of a
similar whom. The Sella agrees to hold the pardoner harmless from any loss, damage or expense which the
Purchase they sufferer incur on account of de Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to me purchae ,any defam or faults arising within one (1) year or within such longer period of
time m may Ite prescribed by row or by de team of my applicable warranty provided by me Sella after the data of
acceptance of me good hundred hereuuder Fremptanre not to be unrensohebly delayed), resulting from imperfect
or defective work done or materials famished by the Seller . Acceptance at use of goads by she Purchaser shall not
constamte a waiver of any claim under this warranty. Except as ofenise provided in this purchase order, no Sellers
liability hereunder shall extend to all damages proximately amnd by me breach of any of the foregoing warranties
or gumawas, but such liability shall in no went include loss 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 terms by written change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser tiny make any changes to the means, other than legal Inms, including uddamor to or deletions from
the quantities originally ordered in the specifiniftem or drawings, by vabal or wriacn change order. If any such
change affects the amount due or the time or performance hereunder, an equitable adjustment shall Is, more
6. TERMINATIONS.
The Purchaser may at any time by writ. change ode, terminate this u,new rm ns to any or all portions of the
gook then no shipped, subject to any equitable adjustment between the panics 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 ofthe goods and/or work, for incidental or consequential damages, and that no such adjmtment be made in
favor of fe Seller with respect to any goods which are me Sellers standard stock. No such mormation shall relieve
the Purchaser or the Seller of any affair obligation in to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
A, claim for udjm.ment most b, asserted wddin miry (30) days from the date the change or mrmiration is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants thh all goods old hereunder shall have been produced, sold, delivered and famished in senior
ompliane, with all applicable laws and regulations to which the goods one subject. The Seller shall execute add
deliver such documents as may be required to effeer or evidma compliance. All laws wed regulations required to be
incorporated in agreements of this chancier are hereby incorporated herein by this mbcames. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser in a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, a convey f$ order, or any monies due or to become due hereunder without the
prior written consent ofthe other pony.
10. TITLE.
The Seller warrants full, clear and unrestricted title to me Purchaser for all equipment, materials, and items fumished
n performance of this agreement, free and clear of any and all Item, restrictions, reservations, security interest
encumbrances and claims of oilers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
I the Purchaser directs the Seller to Correct m n awk rowing or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the m.,I expeditious means available to it, and the Seller shall pay all
costs associch d with such work.
The Seller shall adverse the Purchaser and its contractors of any ran from all liability and claims of any More
retailing from the paboaraw, of such work.
This release shall apply even in the event of fault of negligence of tk party advised and shall extend to the
directors, oferrs and employees nfsuuh party.
The Sidles avrmdual obligations, including wuranty, shall not be doomed m W reduced, in any way, became
such work. performed or earned m he performed by me Purchaser.
14, PATENTS.
Whenever fie Seller is requited to use any design, device, material or process covered by letter, parent, tradeaark
copyright, me Seller shall indemnify and save harmless the Purchaser from any and all claims fro infringement
by person of the use of such parented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, ex,imse or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after me completion of me work. In now said equipment, or
any part deraf or the intended me of the goods, is in such suit held to constitute infringement and fir me of
said equipment or pan is enjoined, the Seller shall, at its own expense and at in option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
mainfringing equipment, or modify it so it b¢omes nownfringing.
15. MSOLVENCY.
If nbc Sella shall become insolvent or b.nkmpt, make an assignment for fie benefit of creditors, appoint a
reservoir or trmme for any of Om Sellers property or bminess, this order may forthwith be canceled by the
Producer without liability.
16. GOVERNING LAW.
The definition of to and used or the imagination of the ii memem and the rights of all parties hereunder shall be
comtrued under and governed by the laws ofthe Sate of C.Immito, USA.
The following Additional Conditions apply only in cases wheat the Seller is to perform work bactur er,
including fie urvica wSellars Represenmtive(s), m the premises of oilers.
17. SELLERS RESPONSIBILITY.
The Sella shall cart, on said work at Sell&. own risk until the same u filly completed and accepted, add shall,
in ease of any accident, damn Lion or injury to fie work andsor materials before Seller's final completion and
acceptance, complete the work at Sellers own expense sad to de satisfaction of me Pumbaser. When mmeriaLs
aud equipmmn are famished by others fir insmllatm. a fraction by Ne Sella, the Seller shall receive, unloar.
store and handle same err de site and become responsible therefor as though such mhedais andror equipment
were being famished "a Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide fur the payment of workers compensation. including occupational
discus, benefit, to its employees employed on or in connection with me work covered by this purchase Order,
and/or to their dependents in accordance with the laws of the state in which me work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited in contractual and automobile public
liability insurance with both ly injury and dent limits of at lout 5300,000 for any on, person, $500.000 for any
one accident and property damage Ilmit per .,ideal of $400,000. The Seller shall likewise require his
oniracono, if any, to provide for such con,prosinan and insurance. Before my of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall boards me Purchaser with a cenificare
that such e.mpemmion end insurance have ban provided. Such c rificares shall specify the doe when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expire. The Seller agrees that rush comp....... and insurance shall be maintained until alter the
.,be work is completed and excerpted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby summer the entire responsibility and liability for any and all damage, loss or injury of any kind
in nature w'larsoever to Parsons or property arced by or resulting now the execution ofthe work provided for in
this purchase order or or connection herewith. The Seller will indemnify and hold families the Pumhater and any
or all of fie punhaurs officers, agents and employers from and against any aud all claims, losses, damages,
charges a expenses, whether direct or indent, aud whether to persons or property to which the Purchsser may
be put or subject by rerun of any act, cation, rteglen, omission or deficit con the Isar of the Sella, any of his
contractors, or any of me Sellers or contractors officers, agents or employees. In once any suit in other
proceedings shall be brought against fe Purchase, or its officers, egedm or employees w any time on scanew or
by reason of way act, azit.., nell omission or default of me Sella of any of his cov.d. or any of its or
their officers, agents or employees in aforesaid, the Sella hereby agrees to assume me defense mereof and to
defend me same at the Sellers own expense, to gay any and all costs. cbm m, auomays fees and other expemex,
any and all judgments that may be incurnd by or obtained against de purchaser or any of its or meir officers,
agents or employees in such suits or other proceedings, that in case judgment or other lam be placed upon ar
obtained against me properly ofthe Purchase, or said partner in or m a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or ofnsvise. The Seller and
his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without Ilmamtion, the
Occupational Safety and Health Act of 1970 and all roles and regulation ¢sod pursuant fnem.
Revised 03l 010