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HomeMy WebLinkAbout339130 ICONICS INC - PURCHASE ORDER - 9141173 (2)Fort Collins Date: 04/22/2014 Vendor: 339130 PURCHASE ORDER ICONICS INC C/O PROCESS CONTROL DYNAMICS INC 6480 S QUEBEC ST CENTENNIAL CO 80111 PO Number Page 9141173 1of2 This number must appear on all invoices, packing sli i and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 02/20/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price s Freight 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 11.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref, Colorado Revised Statues 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defeats of damage yr trrumi, may be retuu.ea to you for credit and art not to be replaced except upon receipt of written intimations from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins marpeccon an arrical. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can molt in authorimd payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Teens. Shipments must be, F.O.B., City of Fan Collins, 7M Wand St, pan Collins, CO 80522, it. otherwise specifal on this order. If permission is given to prepay freight and clanger separately, the ongial freight bill must accompany invoice. Additional charges for Backing will tut be accepted. Shipment Distance. WM1ert manufactures have distributing points in various pans of the country, shipment is expected room the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary pewi6, certificates and licenses required by all applicable laws, regulations, ordinances and rules oF,h, state, municipality, tertiary or political subdivision whet Her work is ped'owed, or required by any other duly constieted public aathodty having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and lass courted by them by reasw of an asserted or established violation of any such Iowa, regulations, ordirssnces, rules anal requirements. Amhonrafion. All ponies to this contract agree that the representatives are in fact, bona fide and IF.reas full and complete authority to bind and panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terms and conditians stated herein set fonh and any supplementary or additional team and conditions annexed hereto or incorporated herein by reference. Any additional or different ems and conditions proposal by seller as objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot take <omplere shipment to arrive ma your promised delivery date as noted. Time is of the essence. Delivery and performance most be eRected within the time stated on the purchase order and the documents attached hereto. No ads of the Purchasers including, without limitation, aser,unce of paninl late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Pnrchaser shall have, in addition a .,her legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for Damages. However, the Seller shall not be liable far damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasmtable control and without its fault of negligence, such acts of God, act, ofcivil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wens or riots provided that notice of the conditions taming such delay u given to the Ptuchaser within five (5) days of the time when the Sella fur received knowledge thereat. In the event of any such delay, the dot of delivery shall be extcmal for the period equal to the time actually lost by reason affair delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this maker will confow with applicable drawings, specifications, samples and/or other descripyimre given, will be fit for the puryoses intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar name. The Seller agrees a hold the purchaser lawless from any loss, damage or expense which the purchaser may suR or incur on zecomd of the Sellers breach of warranty. The Sella shall replace, repair or make goad, without cover to the Purchaser, any defers or faults arising within one (1) Year in within such longer period of rime as may he pmcribal by law or by the ernes of any applicable wawnty provided by the Sella after the date of acceptance of the goods furnished hesunder (acceptance not a be ameasowbly delayed), resulting from imperfect or defective work done or criminal, furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except ns otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately carved by the breach of my of the foregoing warranties or guammees, 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 Puchaser may make changes 10 legal era by written change order S. CHANGES IN COMMERCIAL TERMS, The Purchasermay make any changes to the temum , Other than legal arms, including additions to or deletions Rom the quantifies originally ordered in the specifications or drawings, by verbal or written change order. 11any such change affects the amount due or the time ofperfaname, hereunder, an equitable adjuslman shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all puniness of the goods then not shipped, subject to any equitable adjustment between the Panics as to any work or materials then in progress provided that the Purchaser shall not M liable for any claims for anticipated prefie on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with mpect to any good which as the Sellers standard stock. No such ewinntim shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or lamination is ordered. S. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have lace. produced sold delivered and fumishN in stria compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliveroxh documents as may be mluiral to,met or evidence compliance. All laxs and regulm ion tquisd 1. be neorperated in agreements of this character arc hereby ineomomted hacin by this ceramist. The Seller agrees so indemnify and hold the Purchaser lawless from all mso and damages suffered by the Purchaser as a result of the Sellers failure to comply with sueh law. 9. ASSIGNMENT. Neither party shall assign, mansfer, or convey this ender, or any monies due or to become due besunder without me PH., wren consent ofdat other peep. 10. TITLE. The Seller warrants full, clear and committal line to the Purchaser for all equipment, materials, and items f rum ed in performance of this agreement, five and clear of any and all liens, restrictions, reservations, security intent encumbrances and claims ofmhers. II. NONWAIVER. Failure of the Purchaser to insist u,a strict performance of the temu and conditions hereof, failure or delay to exacke any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval ofNe design, shall not release the Seller of any ofNe wamntics or obligations of this purchase order and shall at be, deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as a any such goods, regardless of when shipped, H,awal or accepted as to any prior or subsequent default bereunder, not shall any Imported oral modification or rescission of this purchase order by the Pantheistic operate as a waiver of any of the ems hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Forebear recognize that in actual e a is practice, overcharges resulting from antitrust violations arc in fact home by the Purchaser. Theretofore tfor good came and as consideration for executing 'his purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hemRer acqulfed under federal or state antitrust laws for such ocrea a p. relaying m the particular good a saxices purchssed or acquired by the Porchucr pursuant a this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to corner, nonconforming or defective Good by is &e to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purcbna may cause the work to be performed by the most expeditious racer, available to it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its compactors of any net Bom all liability and claims of any retort resulting from the performance ofsuch work. This mines, shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oRicas and employees ofsuch parry. The Seller's contractual obligations, including warranty, shall not be deemed to bt reduced, in any way, because such work is performed or causedm be performed by the Purchaser. 14. PATENTS. Whenever the Seller is squired to use any design, device, mmerial or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save bmmless the Purchaser fmm any and at I claims for fir ingr ment by saran of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expert, or damage which it may be abliged to pay by'reawn of sueh infringement at any time during the prosecution or after the completion of the work. In cau said equipment, or any pan thereof or the intended use of the good, is in such suit held to constimer Infring,ment and the me of said equipment or port is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right a continue in, said equipment or ports, replace the same with substantially equal bur naninfriaging equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If thr Sella shall become insolvent or bankrupt, make an assignment for the bereft of credimrs, appoint a cancer or vuslet for any of the Sellers property, or busituss, this order may forthwith be canrelM by the Purchaser without liability., 16. GOVERNING LAW. The definitions of sews used or the interpretation of the agreement and the rights mind parties hereunder shall be coaswed under and governed by the laws ofNe State of Colorado, USA. The following Additional Conditions apply only in cases when the Sella is to perform work hereunder, including the services of Sellers Representa ive(s), on the premises ofothers. ❑. SELLERS RESPONSIBILITY. The Sella shall wiry on said work at Stiles owes risk until the same is fully completed and accepted, and shall, in case of my accident destruction or injury to the work and/or materials btfore Sellers foal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible th,rtfor ns though such materials and/or equipment wart being famished by Ne Seller under the Omer. 18. INSURANCE. Th, Seller shall at his own expense, provide for the Payment of workers compensation, including occupatiorel disease benefits, to its employees employed an or in connection with the work covered by this purchase enter, andfor to their dependents in accordance with the laws of the see in which the work is to be done. The Sella shall also cam conapichicaresive gem ml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, 85 W,000 for any e accident and property damage limit per accident of 5400,000. The Sella shall likewise require his contractors, 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 furnish the Purchaser with a certificate Hart such comperesotion and insurance have been provided. Such certificates shall specify the date when such rpm Lion and insurance have bttn provided. Such certificates shall specify the date when web compaction and ituumner expires - The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury fany kind or nature whatsacver to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold lawless the Purchaser and any r all of he Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indi at, and whether to persons or pmpeny to which the Purchaser may be put or subject by reason of any act, action, neglect omission or defult on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or aaployees. In case any suit or otter proceedings shall be brought against the Purchaser, or its officers, agents or employees many time on acwunt or by reason of any act action, neglect, omission or default of the Seller of my of his contractors or any of its or their offces, agents or employees as aforesaid, the Seller hereby affairs to assume the defense fiecad and to defend the same at the Sellers own expense, in pay any and all Coss, charges, anmmrys fees and other expenses, any and all judgments that may be inured by or obtained against the Purchaser or any of its or their often, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parries in or as a result of such suits or other pmceedings, Him Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fiunish and install all grad necessary for the pmeahon of accidents, comply with all laws end regulations with ral m safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and sgulatiom issued pursuant there w Revised OnWO