Loading...
HomeMy WebLinkAbout467949 RIGGING FOR RESCUE - PURCHASE ORDER - 9142206Fort Collins Date: 04/18/2014 Vendor: 467949 RIGGING FOR RESCUE PO BOX 745 OURAY CO 81427 PURCHASE ORDERPO 914220er Page 142206 1°f2 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: 04/18/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 RR Seminar Invoice 2151 dated 4/11/14 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 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 I. COMMERCIAL DETAILS. Tax exemptions. By stomte be City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cartificme of Registry 84-6000587 is registered with the Collector of Intcrn.L Rev., Donovan, Colorado (Ref. Colorado Revised Sudan. 1973. Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure in men specifications, either when shipped or due to defects of damage in crown, may be reNmed to you for credit and are not in M replaced except upon receipt of wrium instructions fmm the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on consul. Final Acceptance. Receipt of the merchandise, surviere or equipment in response to this order can result in wiforizM payment on fine par of the City of For Collins. However, it is to be undrrsm ul that FMAL ACCEPTANCE is dependent upon completion of all applicable dluird impeetion procedures. Freight Terms. Shipments most be, F.O.D. City of Tom Collins, 700 Wood St., Tom Collins, CO 80522, unless otherwise specified on this order. If la m osmn is given to prepay freight and charge separately, the original freight bill onus, accompany invoice. Additional charges for packing will rat be azeepmd. Shipment Distance. Where nommeartwers have dsoibuting points in various parts of Ne country, shipment is expected from the nown d¢tribmion point to destination, and excess freight will M deducted from Ensure when shipments are made fmm greater distance. I I. NONWANER. Failure of the Purchaser to imist upon strict performance of the corms and conditions hereof failme or delay to exercise any rights or aemalles provided herein or by law, failme es promptly notify the Seller in be event of a breach, the acceptance of or paymma for goods hereunder or approval ofthe design, shall not release the Salle, of any of be wammties or obligairs of this purchase under and shall rat be deemed a waive of any right of the purchaser to insist upon stria performance hemofor any of its rights or remedies as to any such goods, regaNlas of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported coal modification or rescission of this purchase order by the Purchaser operate as a waiver of any affix terms hermL 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize but in ecmal economic practice, overcbatges resulting from antitrust violations arc in fact home by the Frenchmen. Theretofore, for good cams and as consideration fen executing this purchase order, Ne Seller hereby assigns to be Purchaser any and all claims it may now have or herezna acquired under federal or state antitrust laws for such ovncharga relating to the particular goods or services purchased or acquired by the Purchase, pursuant to Nis purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pardoner directs the Seller to co end nonconforming m defective goods by a date m be agreed upon by be Purchaser and the Seller. and the Seller thereafter indicates is inability or unwillingness to comply, the Pmchaa may cause the work to M perfomtd by the most expeditious means mailable to it, and the Seller shall pay all costs sssodated with such work. Peemio. Sella shall procure at sellers sole cost all necessary permits, eerificame and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly comtimted public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Far Collins hayed. fmm and against all liability and loss incmmil by Nem by reason of an asserted or established violation of any such laws, regulations, ordivnces, cola and ongd eme es. Authorization. All parties to this contract agree that the representatives art, in Net, Moo fide and possess PoII and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order exp¢ssly limits acceptance to doe rem¢ and conditions stated herein set forth and any supplementary or additional arms and condition annesed hereto or incorporated herein by reference. Any additiowl or different moan 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 ram your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached harem. No acts of the Purchasers including, without limitation, acceptance of parial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Perchance, shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding be Seller liable for damages. However, the Seller shall not be, liable for damages as a result of delays due in causes not reasonably foreseeable which are beyond its ..hie control and without is fault of negligence, such acts of God, acts ofciedl or military admiria, 6commme,rtal priorities, Om,, wrikes, food, epidemic, wars or fiats provided that notice of the conditions catering such detay is given to the Purchase, within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, she data of delivery shall be exranded for the pcdd equal .,he time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants Out all goods, articles, materials and work covered by this order will conform with applicable drawings, specificatious, samples worker other descriptions given, will be fit for be purposes inundd, and performed with the highest degree of can and competence in severance with accepted standards for work of a similar wmre. The Seller agrees to hold the purchaser brand ss from any loss, dvnage or expntse which the Pumbase, may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair o, make good, without cost to the purchaser, any defects or fouls mixing within one (1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after Ne date of acceptance of the goods fiunished hereunder (acceptance net to be, unreasonably delayed), resulting fmm imperfect or defective work done or materials f ishd by the Sella. Acreptance or tau of goods by tM Purchaser shall not consulate a waiver of my claim under this wamnty. Except as otherwise pmvidcd in Nis purchase order, be Sellm liability hereunder shall extent to all damages proximately caused by the breach of any of the foregoing warranties of guarantees, but such liability shall in we event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE St IALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes ao legal terms by women change ode. A CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the trams, other than legal tetras, including additions to or delnions from the quantities originally ordered in the specifications or drawings, by vedml or wnnen change order If any such change effects the amount due or the time of performance hereunder, an equitable adjamm inn shall be made. 6.TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the pasties w to any work or materials then in progress provided that the Purchaser shall not M liable for any claims for anticipated inches on be uncompleted portion afthe goods andtor work, for incidental or commuential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sailers standard stock. No such termination shall relieve the purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim fen adjustment menu, be asserted within bury (30) days from the done the change or',—ami- is ordered. S. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations m whim the goods are subject The Sell,, shot[ execme and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to ivdemvify and hold be purchase harmless from all was mad damages suffered by the Producer ss a ,code of the Sellers failme to comply with such law. 9. ASSIGNMENT. Neither party shall assign, trawler, or convey this order, or any monies due or to become due hereunder without the Prior wrinrn consent afthe other parry. I O. TITLE. The Sella warms full, clear and unranicted 00e to the Poolower for all equip., materials, all items famishst in performance of this agreement free ad clear of any and all it., remicliow, ..,low, a aunty intact mcumbrdnces and claims i fathers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any indoor resulting fmm the performance ofsucb work. This release shall apply even in the event of fault of negligence of the party released and shall extend to $e directors, mice¢ and employees ofc ch party. The Seller's contractual obligations, including walla dy. shall not be deemed to be rtduced, in any way, because such work is perfmmed or caused in be performed by Joe Purchase, 14. PATENTS. Whenever be Seller is required to use any design, device, material at process covered by lerer, patent, trademark bycopyright, be Seller shall indemnify all cave harmless the Purchaser farmany all all claims for infsingemem reason of be tau of such Farmed design, device, material or pmeess in connection with be mmrmt and shall indemnify the Purchaser for any mri expense m damage which it may be, obliged to pay by mown of such inGngemend at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goads, is in such eui, held to constitute oefdngemen, and the use of said equipment or par is enjoined, the Seller shall, at its own expense and at its option, either pracure for the Purchaser the right to continue using said equipment or pens, replace be same with substantially equal but nordnfringing equipment, or modify it so it bccoma rear mGnging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or move, for any of the Sellers property or business, this order may forthwith M canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems taud or the interpretation ofthe agreement and the rights ofall paria heremnder shall be, contained under and governed by be laws oftM State ofColorado, USA. The following Additional Conditions apply only in cans where the Seller is to perform work hamnder. including the services of Sellers Repremini e(s), on the premiss of wbars. 17. SELLERS RESPONSIBILITY. The Seller shall arty on said work an Sellers own risk anti) the come is Polly complete cad accepad and shall, in au of my accident dentmctio s or injury m the work and/or mmcrials before Sellers fwl completion and weeptance, complete be work at Sellers own expense and to be satisfaction of Nr Parnewor. When materials and equipment are fumuhd by others for installation or creation by the Sella, the Seller shall receive, unload store and handle same al be situ and become responsible therefor a though such materials andlor apm for rat were being Finished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expntse, provide for the payment of walkers compensation, including occupational disuse benefits, to its employees employed on or in cmmectton with be work commend by this purchase order, singer to their depeMuts in acmrdanee with be laws of the state in which be weak ¢ to be done. The Seller shall also cony, comp ffemive gmeml liability including. but not limited to, contracaml and wore ile public liability insurance with 0.tlily injury and death limits of at least b3M1,W0 for any one person, SSW,rou for any one accident and property damage limit per accident of 8400,000. The Seller shall likewise require his onnactors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such mmpemwtion and inswerme have been provided. Son anifcates shall specify the date when such compeawdon all insurance have been provided Such certificates shall specify the date when such mmpewotion and mormar, , expire. The Sella agrees that such compensation and announce shall be maintained until afterthe entire work u complete and i ceeptd. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes be entire mpowibility and liability for any and all damage, loss or injury of any kind or wmre whatsoever m Imams or property caused by or resulting flown be execution of the work provided for in this purchase ode, or in connection hertwida. The Seller will indemnify and hold harmless the Puchaer and any cr all of the Purclu offer , no and employees fmm and against any and all claims, losses, damages, harges or expenses, whether direct or madirtct. and whether to persons or pmprny m whim be Purchaser may be put o, varryal by reama of any aces action, neglecr, omission or default on the pan of the Sella any of his contractors, or any of the Sellers or co trictors officers, agents of employees. In cave any suit or other proceedings shall he brought against the Purchaser, or its officers, agents or employees at any time on account or by rtason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees an assume the defense tMrmf and in defend the same at the Sellers our expense, to coy any and all costs, charge, werneys fees and other expenses, my and all judgments that may he burned by or obtained against be Pu<hsser or any of its or Oren afters, agents or employees in such suits or other proceedings, and in eau judgment or other Ran be placed upon or obtained against be property of the Purchase, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause Ne sane to be dissolved and discharged by giving bond or otherwise. The Seller and his wntructors shall take oil safety precautions, famish and install all gmrds necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1910 and all rules all regulations issue pursuant finds. Revised 032010