HomeMy WebLinkAbout491280 ELSTER SOLUTIONS LLC - PURCHASE ORDER - 9142282Fort Collins
Date: 04/23/2014
Vendor: 491280
ELSTER SOLUTIONS LLC
208 S ROGERS LANDE
RALEIGH NC 27610
PURCHASE ORDER PO Number Page
9142282 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: UTILITY SERVICE CENTER - WA
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 04/23/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 electric meter, form 12s, A3RL
90165543
90165543
44 EA 287.0000 12,628.00
METER, ELECTRIC REVENUE, ELECTRONIC, FORM 12S, A3RL,
POLYPHASE, 128K MEMORY, TA30, CLASS 200, 120-48OV, LEXAN
COVER. FOR USE IN SINGLE PHASE (NETWORK) OR THREE PHASE
RESIDENTIAL OR COMMERCIAL APPLICATIONS AND ABLE TO
COMMUNICATE WITH ELSTER ENERGY AXIS AMI SYSTEM
ELSTER, FC12SA3RL;
Quote #300002973, dated 4/22/14
Style #ZD5310PBOL4
2 electric meter, form 12s, A3RL
first article test meters-A3
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@fogov.com
LS 287.0000 1.148.00
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. COM[MERCIALDEfAILS.
Tax exemptions. By statute me City of Fort Collins is exempt from state and local axes. Our Exemption Number is
98-01502. Cutout Excise Tare Exemption Caificam of Registry, 84-6000587 is registered with the Collector of
Interval Revenue, Denver, Colorado (Ref. Colorado Revised Smmtm 1993, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REIECTED due to failure to meet sped ficaliom, either when shipped or due m defects of
damage in mouniL may be returned to you for credit and are not to b, replaced except upon receipt of wnnm
formations from the Ciry, Of Fort Collins.
Bulgarian. GOODS are subject as the City ci Fort Collies happening on amval.
Final Acceptance. Receipt of the merchandise, services or equipmem in response to this order can result in
authorized payment on the part of the City of Fos Collins. However, it is to be understand that FINAL
ACCEPTANCE is dependent upov completion of all applicable required important procedures.
Freight Terns. Shipments mint be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless
otherwise specified an this ardor. If permission is given to prepay fright and charge separately, the original IrsigM
bill most accompany invoice. Additional charges for packing will not be marded.
Shipment Distance. Where manufacturers have dismbuting points in various parts of the country, shipment is
expected from the nearest distribution paint m destiwrion, and excess freight will be deducted from Invoice what
shipments are made from gamer discance.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terra end conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, me acceptance of or paymem for goods hereunder or approval of the design, shall riot release the Seller of
any of the warautim or obligations of this purchase order and shall tot be deemed a waiver of any right of the
purchaser to insist upon strict performance hereafor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prim or subsequent &fuel, hereunder, nor shall any purposed
oral modification or rescission of this purchase order by the Pumhasg operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the rummager recognize that in actual economic pman etice, overcharges resulting from tibwt
violations are in fact Name by the Purchaser. Theretofore�forgood came and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and OF claims it may now have or hereafter
acquired hider fneral or state antitrust Laws for such overcharges relating to the particular goats or services
punhased or acquired by me Purchaser pursuant to this purchase order.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicmes it inability or unwillingness to comply, the Purchaser
may cause the work to im perforned by the most expeditious means available to it, and the Seller shall pay all
costs assocuted with such work.
Permits. Seller shall procure at sellers sole cast all necessary permits, certificates sal licenses required by all
applicable laws, regulation, ordinances and rules arrive state, municipality, rommry or Political subdivision where
the wage is pert ed, or mluired by any other duty cootinted public authority having,cisdiction over me work
of vendor. Seller harder agrees to hold the City of Fog Collins harmless from and against all liability and loss
incurred by them by reason of an assencd or established violation of any such laws, regulations, ordinances, rules
and requiremene,
Authorization. All panics to this contract agree that the mormanmtives are, in fact, bona fide and posses PoII and
complete amusing, to bind said parties.
LIMITATION OF I ERMS. This Pumhaw Order expressly limits aOt,.Oc to the moss and c Mine- anted
herein set forth and any supplemenmry or additional terms and conditions annexed hmem or incorporated herein by
refinance. Any Wine.] or dilfermr corms anal conditions papa ed by seller are objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGEN Iimmediately if you cannot make complete shipment to arrive on your
promised delivery Jute as noted. Time is of the essence. Delivery and perlmmance must be effected within the time
shred on the purchase order and the documents attached hereto. No xis of the Purchasers including, without
houtin on, acceptance official late deliveries, shall operate as a waiver of this prevision. In the event of any delay,
the Purchaser shall have, in addition to other legal and yuitable remedies, the option of placing this order elaew'hem
and holding the Sella liable for damages. However, me Sella shall not he liable for damaga m a result of delays
due to causes rot gavembly foreseeable which arc beyond in reasonable control and Without his fault ofnegligeirce,
such aces of God, acts ofcivil or milimry authorities, gm'emmenal prionlia, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchase within five (5) days of the
time what the Seller first received knowled,c thereof In the event of any such delay, the dam of delivery shall be
exmnded for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller wmmnts that all goad, articles, mamrials and work covered by this offer will conform with applicable
drawings, specifications, sampla andror other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold me purchaser hmmlas from any loss, damage or expense which the
Pnrchmer may suRo or incur on account cribs Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchased any defects or faults arising within one (1) year or within such longer period of
time as may be prtsenhen by law or by the It. of any applicable wumanty provided by the Seller after the date of
acceptance of the good burnished hereunder (acceptance not to Its, unconscionably delayed), resulting from imperfect
or defective work done or matmat f fished by the Seller. Acceptance or use of good by the Purchaser shall not
comfort, a waiver army claim older this wart Except se otherwise provided in this purchase order, the Sellers
lisbiliry hereunder shall extend m all damages pmximamly corned by the breach of my of me foregoing warranties
or guarantees, but such liability shall in no even include lass of prufit 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 Iegd corms by wnmen <h... e offer.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may mine any changes to the mho. Omer than legal rams, including additioev to or deletion from
the quantities ongivlly ordeal in rise sped Gcatiom or drawings, by cabal Or written change We, If any such
change alfmas the amwm due or the came ofpciformance hereunder. an a3uiable o1jmimmt shall be made.
6. TERMINATIONS. miggrane this a � t as to an II mans of the
One Purchaser inay m any time by wrium derange orJn, breemen y Or n po
good then not shipped, subject to any equitable adjustment between the panic as, to any work or mammals men in
progress provided mat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods ardlm work, for incidental or cooryuential damages, and ram an such adjustment be made in
faith of the Sella with mspat. may good Which art me Sellers stinford stook. No such mrmivtion shall relieve
the Purchaser in the Sella of any oftheir obligations as many goods delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mot to national within thirty (30) days from the date the change or termination is
offered.
8. COMPLIANCE WITH LAW.
The Sella wamnts that all goods sold hammer shall have been produced, sold, delivereJ and famished in strict
ampl'unce with all applicable laws and regulations m which the goad am subject The Sclltt shall execute and
deliver men dmvmrnu as may be tn,timd to effect or evidence compliance. All laws and regulation required to be
incorporated in agreanen , of this character am 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 resign, matter, or convey this order, or any monies due or to become due hemuMer without the
prim written coment of the other parry.
10. TITLE
The Seller warrants full, clear srd unrestnaed title to me Punlr for all quipment, tmterials, and item fumishW
in performance of this agaement free and clear of any and all liens, restrimiom, reservations, security interest
mcttmbmnces, and claims ofolhefs.
The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any name
resulting f the pafnrm.nce of such work.
This release shall apply even in the event of fault of negligence of the parry rclemed and shall extend in the
direscmrs, officers and employes ofsuch any.
The Sellers contractual obligations, including warm ly, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever rise Seller is raptured muse any design, device, material or process covered by lever, patent trademark
or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for inGtngemenn
by reason of the use of such patented design, device, mammal or process in connection with the contract, and
shall indemnify the Purchaser for any ens, expense or damage which it may be obliged to pay by reason of such
infrin,emem cal any new during the governing or after the completion of the work. In case said equipment, or
any Wn thereof or the intended me of the goods, is in such suit held 10 mnstimm infringement and the me of
said equipment or pan is enjoinat the Seller shall, at its own expense and at its option, either procure for the
purchaser me right to continue min, said equipment or pans, mplae the same with substantially equal bur
noninfringing equipment, or modify it w it becomes mnnifinging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a
receiver or asme for any of the Sellers property or business, this order may forthwith be canceled by the
Purcb
haser without liability.
16. GOVERNING LAW.
The definition ofterms toned or the interpretation of the agreement and me rights of all parties heretmder shall be
consvued order and governed by the laws Ofthe State of Colorado, USA.
The following Additional Conditions apply only in causes where the Seller is to perform wod: hereaada,
include., the services of Sellers Representative s), on the premiss of other.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk semi[ the same is fully completed and accepted, and shall,
in man of any accident. destruction Or may, to the work andror mmenals Name Sellers fiwl completion and
acceptance, complete the work at Sellers own expense and m the satisfaction of the Purchase. When m]mnan
and equipment me famished by others for installation or erection by the Seller, the Sella shall receive, mdoad,
store and handle same at do site and become responsible therefor in dough such mammals and/or equipment
were being mounting by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of work. compensation, including occupational
disease benefit, to its employes employed on or in connection with the work covered by this purchase order,
srd/or to their dependents in accordance with the laws of fire state in which the work is to he done. The Sella
shall elm carry comprehensive general liability including, but rot limited to, consomml and amomobile public
liability insurance with sedgy injury and death limits of m least 5300,000 for my one parson, 5500,050 for any
one accident and property damage limit per accident of S,K)RO 0. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the sellers or his cantmemrs
employees shall do any work upon the premises of others, the Seller shall finish the Purchaser with a earring,
that such carromag on and insurance have been provided. Such ecnidicams shall specify the date when such
compensation and insurance have been provided. Such carricams shall spai fy the date when such compensation
and insurance expires. The Seller agrees that such compensation and numerous, shall he maintained until after the
.it. work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby ass mart the entire respect and liability for may and all damage, loss or injury of any kind
r name whatsaeva to p.am or property valued by or resulting from use execution ofine work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold budgets the Purchaser and any
r all of the Purchasers officers, agent and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may
be put or subject by rawn of may act, action, ncglar, omission or default on the pan of me Seller, any of his
ontmctur, or any of me Sellers or contractors officers, agents or employees. In case any suit m other
proreedings shall be brought i gnanot the Patching, or its officers. agents or employees at any time on account or
by reason of any tut action, neglmL omission a default of the Sella of any of his contractors or any of its Or
their officers, agent or employees as aforesaid, me Sella hereby one. of assume the defame thereof and io
defend the same at 0e Sellers own examine, to pay any and all costs, charges, anomeys fees and other expenses,
any and all judgment that may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or offer lien be placed upon or
obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings,
the Sella will at once cause the same m be diswlved and discharged by giving bond or otherwise. The Seller and
his contractors shall cake all safety preamth rs, furnish and recall all guard naemary for the prevemtio r of
accidents, comply with all laws and negotiations with regard to safety unc9udmg, but without limication the
Occupational Safety and Health Act of 1920 and all roles and regal.tions issued pug. thereto.
Revised 030W0