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HomeMy WebLinkAbout501213 RICOH USA INC - PURCHASE ORDER - 9133330Fort Collins Date: 05/05/2014 PURCHASE ORDER PO Number Page 9133330 102 This number must appear on all invoices, packing sli s and labels. Vendor: 501213 Ship To: PURCHASING DIVISION RICOH USA INC CITY OF FORT COLLINS 6700 SUGARLOAF PKWY 215 N MASON, 2ND FLOOR DULUTH GA 30097 FORT COLLINS CO 80524-4408 Delivery Date: 06/25/2013 Buyer: DAVID CAREY Note: Line Description Quantity U M Unit Price Extended Ordered Price 2 Addendum to PO# 9133330 1 LOT EA 392.94 Additional Funds Per email request from Beth Diven dated 05/05/14. 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 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. COMMERCIALDETAILS. Tax,xemptions. By statute the City of Fon Collins is exempt from sclte and local taxes. Our Exemprion Number is 11. SON WAIVER. 98-01502. Federal Excise Tax Exemption Canlficate of Registry 84-6000587 is registered with ff. Collator of Failure of the Purchaser to most upon strict performance of the terms and conditions hereof, failure An delay to Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Sclwmn 19T3, Chapter 39-26. 114 fa). a Ise any rights or meardies provided here. or by law, failum to promptly notify the Seller in the event of a breach, the vamp.¢, of err pzymem far goods hereunder or approval of fhe design, shall non release the Seller of Good' Rejected. GOODS REJECTED due to failure 0 men specifications, either when shipped or due to defects of any Of the wamanties Or obligations of this purchase older and shall not be deemed a waiver of any right of me damage in transit, may be removed to you for credit and are not to be replaced except upon arrawl of w..a Purchaser to insist upon srict performance hereofor any of its rights or ecmen ics as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any purponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tams Inspection. GOODS are subject to the City of Fan Collins inspection on wrival. hereof Final Acceptance. Receipt of the memhan ixe, se or equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. awhori'md payment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognim that in actual economic practice, overcharges resulting frous m antitrust nfor rgood ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations arc in fact home by the Purchaser. Theretofore, ease and as consideration far executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Temts. Shipments most be F.O.A., City of Fan Collins, IN Wood Sr, Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharge relating to the pmiculor goads or services oferwise specified on this order. If permission is given Io prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for Packing will not he sompand. Shipment Distances Where manufacturers have ditunburing points in various parts of One country, shipment is expected from the moment distribution patio to desdinstion, and excess freight will be deducted from Invoice when shipments are made from greater disclose. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, tcnitory or political subdivision where the work is performed, or required by any other duly constituted public authonty having jurisdiction aver the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss andused by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles acquirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authonty to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance w she terms and conditions stated haven set hoed and any supplementary or additional now; and conditions ancestor hereto or incorporated human by reference. Any additional or d0mard teams and conditions proposed by seller are objected to and hereby vjanal 2. DELIVERY. PLEASE ADVISE PURCHASMGAGENL immediately if you cannot make complete shipment ro arrive on your promised delivery date as noted. Time is of the essence. Delivery, and performance most be effected within the time stated on the purchase order and me documents attached below. No acts of the Pmchsers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provaimm. In the event of any delay, the Purchaser shall have, in addition to other 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 for damage as a result of delays due to causes not reamoably foreseeable which are beyond its removable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, Gres, strikes, flood, epidemics, wars or riots provided that notice of me conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seller first received knowledge thereof. In no event of any such delay, the date of delivery shall be extended fir me period ry.I in the time actually lost by reason ofine delay. 3. WARRANTY. The Seller warrant fad all goods, article, materials and work covered by this older will conform with applicable drawings, apecificames, samples and'm ofine description Bions, will be m for fie purposes informal, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a milar retie. The Seller agrees to hold the purchaser harmless fiom any loss, damage or expense which not Purchaser may suffer or incur on account cribs Sellers breach of waveaty. The Sella shall replace, repair or make good, without cost to fie purchaser, any dcfcts or faults arising within one (U year or within such longer penad of time as may he prescribed by law or by the temp of any applicable warranty provided by the Seller after the date of acceptance of fe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperf t or defective work done or materials famished by the Seller. Acceptance Or use of good by the Purchaser shall not constitute a waiver of my claim under this warranty. Eseept'as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by me breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal from, by woven change older 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes w me forms. other man legal terms, including mediums No or deletions from the quarmuss anginally ordered to me specifealiom in drawings, by verbal or ..as change Order. If any such change affects the amount due or the time ofFerfmmance hereunder, an equitable ndfivareeto shall he made. 6. TERMINATIONS. The Purchaser may . any time by wrimen change order. terminate this agreement as to any or all portions of the goods men roar shipped, subject w any equitable adjustment bawcen the panics as to any work m materials then in pmgrrss provided mbar the Purchaser shall nos be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental inconsequential damages, and that no such adjusamma be made in favor of the Seller with respect w any goods which arc the Sellers standard track. No such lamination shall relieve the Purchaser or fie Seller of any offirar obligations in to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hncunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which me goods use subject, The Seller shall execute and deliver such documents as may be respond w effect or evidence compliance. All laws and regulations required to be ncorporated in agacmenas of this character am hereby incorporated herein by this refvncc. The Seller agrees TO indemnify and hold me Purchaser harmless from all casts and damages self and by me Purchaser as a result of the Sellers far lure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, transfer, or convey this order, or any monies due onto become due hereunder without he prior written consent ofine offer pany. 10. TITLE. The Seller warrants full, clear and unicameral title to the Purchaser for all equipment, materials, and items furnished in performance of this agrecmem free and clear of any and all liens, mancrime, reservations, security moral encumbrances and claims ofothe t, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifmc Purchaser directs the Seller ro meren nonconforming or defectivegoods by slide w he agreed upon by the Purchaser and me Seller, and the Seller distance indicates its inability or unwillingness he comply, the Purchaser may cause the work to b< Performed by the par expeditious means available in it, and the Seller shall pay all costs associated with such work. The farm shall release the Purchaser and its .,am.. Of my time from all liability and claims of any main, resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ofEcal and employees of such party. The Sellers commatual obligations, including warranty, shall not be deemed in be reduced, in any way, because such work is performed or caused to b, performed by the Purchaser. IS. PATENTS. Whenever the Seller is required to use any design, device, material or process covsred by [camr, patent, trademah or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngement by reason of me me of such patented design, device, .mall] or process in come m with the contract, and shall indemnify, the Purchaser for any cost, expense or damage which it may be obliged w pay by reason of such infringement 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 goods, is in such suit held to constitute infringement and the me of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or Pang replace the same with immortally equal but noninfinging equipment, or modify, it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bamempt make an assignment for the benefit of creditors, appoint a receiver Or trome for any of the Sellers property or business, this order may fonhwif be canceled by the Purchaser wimom liability. 16. GOVERNING LAW. The definiricns of.. used err me imerpromm an of the agccmcm and ter nigh¢ of all panic hereunder shall he consumed under and governed by me laws ofthe Sam ofColoado, USA. The following Additional Conditions apply only in cases wh,m the Seller is to perform work hereunder, including the smicesof Sellers Represen ative(s), on me prcmiscs crashers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of my accident, destruction or injury so the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by me Sella, the Seller shall receive, unhad, store and handle same at the sire and become responsible therefor as Omagh such materials an ins, equipmem were being famished by fe Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of owners compensation, including clumpatiovl disease benefits, to its employees employed an or in connection with the work covered by this purchase order, .&or ad their dependents in accordance with the laws of the sum in which the work a as be done. The Seller shall also wry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of an from $300,000 for any one person, S500,000 for any one accident and property damage limit Per accident of S400,01)0. The Seller shall likewise raluire his rs, if any, to provide for such compersmion and imuranm. Before any of fie Sellers or his contractors employees shall do any work upon the promises of others, fie Seller shall f ish the Purchaser wit a ceniflcam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall mnifry the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after Or entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asmmes the entire reeponslbility and liability far any and all damage, Ion or injury ofany kind or nature whatsoever 0 persons or property caused by or resulting from the execution of fe work Provided for in this purchase order or in connection herewith. The Seller will indemnify, and hold harmless the Purchaser and any or all of the Purcbment of rray agents and employees from and agwr m any and all claims, losers, damages, charges or expenses, whMer direct or indirect and whether to persons or pamper, to which the Parliament may be put or subject by reason of any act action, neglect, omission or default on the pan of One Seller, any of his examssaws, do any of me Sellers or contramors officers, agents or employes. In cos any suit of other proceedings shall be, brought against the Purchaser, or its officers, agents or employees at any Iim, on account or by reason of any act action, neglect, omission or default of the Sella of my of his contractors or any of ins or fah mlimix. agenrs err employees as aforesaid, me Seller hereby agrees . asmm, the der that and an defend me same in Sellers own expense, to pay any and all costs, charges, aatooveys fees and other expenses, any and all judgments that may be incurred by or obtained againal me Purchaser or any of its or mein of rcom, 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 Purchase, w said parties in or as a result of such suits or other proceedings, me Seller will of once cause the same in be dissolved and discharged by giving bond or otherwise. no Seller and his cmnranors shall take all safely pnecam e., famish and install all gum& necessary for the prevention of accident, comply wins all laws and regulations with regard to safety, including, but wimom limitation, me Occureatioml Safety and Health Act of 1970 and all roles and regulatims issued pursuant me., Revised 0312010