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HomeMy WebLinkAbout289879 UNITED MAILING - PURCHASE ORDER - 9142590130 PURCHASE ORDER 914259er Page Cliff/ of PURCHASE 9142590 1 of 2 F6r} Chisnumbees, packing ,��—,/`-' ` Collins�7 on all invoices, packing slips and labels. Date: 05/08/2014 Vendor: '289879 UNITED MAILING 3201 E MULBERRY ST UNIT D FORT COLLINS CO 80524 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/07/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i COPY & REPRODUCTION SERVICES 8035 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 14,624.15 Total $14,624.15 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 L COMMERCIALDETAILS. Tax exemptions. By nature the City of Fan Collins u exempt from state and local taxes. Our Exemption Number h 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Crnificaft of Registry 84-61)U0589 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hrrtof failure or delay, to Internal Revenue, Denver, Colorado (Ref Colorado Revised Smtutm 1973, Chapter 39-26, 114 (a). exembe any rights or mndies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance efor payment for goods hereunder or approval oche design, shall not release the Seller of Goods Rejected. GOODS RD RCTF.D due to failure to meet specificmios, either when shipped or due to defects of any of the warranties or obligation of this purchase order and shall not be dared a waiver of any nghl of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist up on strict performance hertaf or any of its rights or remedies as to any such goods, regardless iosrmumions from the City of Fan Collins. of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Pmchasd operas as a waiver of any of die terms Inspection. GOODS arc subject to the City of Fan Cads inspection on arrival. hereof Final Acceptance. Receipt of the merehavdiu, scri or equipment in resanse to this order wa result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the Ciry of Fan Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm entitmst ACCEPTANCE¢ dependent upon completionofall applicablemag lord impaction procedwn. violations am in but home by the Purchaer. Therstaforefor grad cause and as consideration for executing this purchase order, the Seller hereby assigns or the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipment must be P.O.B., City of Far Collins, pup Wood St., Fort Collins, CO 80522, unless acquired under friend or stale antitrust laws for such overcharges relining to the particular goads or servian otherwise specified on this aide,. If permission is given to prep y freight and charge separately, the miEmd freight purchased m acquird by the Purchaser punuanua this purchase order. bill must aaompanv invoice. Additional charges for oaekim will not be accepted. Shipment Distance. Wbam manufacturers base distributing points in various part of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be, deduced from Invoice when shipments ere made Bons greater distance. Permits. Seller shall pracure at sellers sole east all necessary permits, cebficares and [it. required by all applicable laws, mgulatiom, ordinances and rules of the smug, munieiwlily, ternary or political subdivision where the work is performed, or required by any other duly ex morumd public amhariry having jurisdiction senhe weak of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss by them by reason of an asserted or established violation of any such laws, regulations, ordiances, rules incurred nd requirement. Authorization All panics to this contract agree door the reprexenmtim, are, in but, beam Ode and possess fit and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limit acceptance la the ¢ears and conditions stated herein set forth and any supplementary or additional icons and conditions annexed harem or incorporated herein by reference. Any additional or dR&sene terms and conditions proposed by seller are objected to and hereby jectd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot rake complete shipment to active on your Promised delivery date as noted. Time is error wsenm. Delivery and performance must he effected within the time sand on the purchase order and the doemnene, attached heron. No acts of the purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the sent of eny delay, the Pamb-a shall have, in addition to other legal and equitable remedies, the option affirming this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to eases not one oably Ibresewble which are beyond its reasonable control and without its fault of negligence, such is of God, act of civil motion, aorhonties, governmental prairies, Mrs. strikes, hood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thamf. In the went of any such delay, the date of delivery shall be extended for the peril equal to the time actually lost by pension of the delay. 3. WARRANTY. The Sella warrants dial all good, articles, matmals and work covered by this emu will conform with applicable drawings, specifications, samples and/or 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 the purchaser harmlea from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, my defect or faults arising within one (1) year or within such longer period of time as may be presented by law or by the ams army applicable warranty provided by the Seller after the dale of acceptance of the good famished remainder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or matenals famished by the Seller. Acceptance or use of good by the Purchaser shall nor carbonate a waiver ofmy claim under Nis warranty. Except as otherwise Provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the f going wamndes or garantees. but such liability shall in a event include loss of profits or loss of arm. 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 w'nnect change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tears, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by cabal or wages change order. If my such change affect the amount due or die time ofpMnm ace hereunder, an equitable adjustment shall be made. &TERMINATIONS. The Purchaser may at any time by carmen change adeq manninaa Nis agreement as m any or all poon— of the good then not shipped, subject to my equitable adjustment between the pmtia as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims far anticipued profit on the uncompleted portion of the goods amber work, for incidental or consequential damages, and that no such adjustment be made in favor oI Me Seller with respect m any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army of their obligations as,a nay goods delivered hereunder. ]. CLAIMS FOR ADIUSTM ENT. Any claim for adjustment moil be canned within thing (30) days farm the date the change a tarrainalion is ordered 8. COMPLIANCE WITH LAW. The Sell. w'armnt that all goods said hereunder shall have ban produced, sold, delivered and fumishd in strict compliance with all applicable laws and regulation to which the goods are subject The Sella shall execute and deliver such duarmas m may be required to rMec, or widrnce compliance. All laws and regulations requital . be, incorporated in agreements of this character are hereby inco prood herein by this reference, The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result or the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, ramie. or campy, this order, or my monies due or to became due hereunder without the prior wsinen consent ofthe other pas. 10. TITLE. The Seller wamnrs full, clear and abandoned role to the Purchaser for all equinam. matenals, and items f ished in performance of this agreement. free and clear of my and all liens, restrictions, reservations. sauoty interest emumbraeces and claims ofaters. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to caned nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its lmbiliry or unwillingness to comply, the Purchaser may cause the work to be, arformd by the mmi expeditious means available to it, and the Seller shall pay all casts acswistd with such work. The Seller shall release the Pushover and its contaacors of any tier from all liability and claims of any nature resulting from the performance nrsuch wink. This release shall apply even in the event or fault of negligence of die party released and shall extend to the directors, o0lcers and employees nrsuch any. The Seller's contractual obligations, including arramy. shall ear be deemed an be reduced, in any way, because such work is pafommd or caused to be performed by the Purchasa. 14. PATENTS. Whenaer the Seller is aamiml to sex any design, device, material or process covered by lane, porn. tidemark mpyr Ma, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for inGrgemem by reason of the use of such Wtented design, device, material or Process in comaaion with the contact, ad shall indemnify the Purchaser for any cosn, expense or damage which it may be obliged to pay by reason of such infringement at any ran during the Prosecution or alter the completion of the work. In cute said equipment, or any pan thereof or the intended use of die goods. is in such suit held as rostimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and in it option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninlringing equipment, or modify it sec it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become mother, a ban earl, make so msigmnen, for he bereft, of crdimrs, appoint e receiver or mnsta for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tens and or the interpretation orthe agreement ad the rights of all ponies hereunder shall W combined under and governed by the laws of the Sum ofColioula, USA. The fallowing Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Represenarive(s), on thecases premises oforhers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in rose of any accident, destination or injury to the work and/or materials before Sellers final complaint and acceptance, complee the work st Sellds own ea,. and a the satisfaction of the Purchaser. What mammals mad equipment are f fished by orders for installation a exaction by the Seller. the Seller shall receive, unlad, store ad handle same at the site and become responsible therefor as though such maenads cracker equipment were being fumishal by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including accapmiosl disease benefit, to its employees employed on or in connection with the work covered by this purchase order, surfer to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least SUR." for any oar person. 55W." for any one accident and pmperry damage limit per accident of S400,000. The Seller shall likewise retain his if any, to provide for such compensation and insurance. Before any of the Sellers or his conlmdos, employs sball da my work upon the premiss of others, the Seller shall famish the Purchaser with a certificate that such compensation ad insurance have been provided. Such certificates shall specify Me date when such compensation and introduce have been pr idd. Such certificates shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be mainsoned until after the entire work is compled and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assums the entire respmsibil ity and liability for any road all damage, loss or injury army kind or nature whatsoever to persons or property caused by or resulting from the execution or the work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold harmless ate Purchaser and any r all of the Foreigners officers, agents and employees Boar and against any and all claims, losses, damages, charges or expenses, windier direct or radial, and whether m persons or property to which the Purchaser may he par or subject by reason of any act, action, neglea, omission or detach on ere Pan of the Sella, any of his contactors, a my of die Sellers or commaors officers, agent or employees. In case my suit or other proceedings shall be brought against the Puccini or its officers, agent in employs at my time on account or by reason of my at, action, neglect, omission or defult of the Sella of my of his contactors or any of it or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, chmgw, attorneys fees and other expenses, any and all judgment chat may be incurred by or obtained against me Purchser or my of its or heir officers, agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged] by giving bond or otherwise. The Seller and his c rnmctns shall take dl safety precautions, furnish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. bur widmm limimmo ,the Occupational Safety and Heath Act of 1970 and all tales and regulations issued pursuant thereat. Revised (UnO 0