Loading...
HomeMy WebLinkAbout470501 MERCURY TECHNOLOGIES OF MINNESOTA - PURCHASE ORDER - 9142592Fort Collins Date: 05/08/2014 PURCHASE ORDER Vendor: 470501 MERCURY TECHNOLOGIES OF MINNESOTA 1110 HOLSTEIN DR NE PINE CITY MN 55063 PO Number Page 9142592 1of2 This number must appear on all invoices, packing sli s and labels. 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 1 2014 CFL RECYCLING PROGRAM 2014 CFL RECYCLING PROGRAM 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.mm 1 LOT LS 2,500.00 Total $2,500.00 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 I. COMMERCIALDEfA1LS. Tax exemptions. By statute the City of For Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-W502, Federal Excise Tax Exemption Cedificme of Registry 84-6000587 is registered with the Collector of Failure of the Purchase N insist upon strict performance of the terms and conditions hereof, failure or delay to Imcmal Revenue, Denver, Colorado (Ref. Colorado Revised Smotes 1973, Chapter 39-26, 114 (a), exercise 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 grads hereunder or cup, --I ofthe design, shall mot release the Sells' of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defect of any of the warranties or obligations of this purchase order and shall not be dromed a waiver of any right of Ilse damage in transit, may be returned to you for credit and are not to he replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as m any such goods, regardless instructions man the City of Fon Collins. of when shipped, recmed or accepted, as to any prior or subsequent default herewder, m r shall any purposed oral modification or rescission of this purchase order by the Purchaser opens, as a waiver, of any of the maw Inspection. GOODS are subject to me City of Fort Collies infection on critical. hereof. Final Acceptance. Receipt of the merchandise, services or quipntent in response to this oMer no. rmu0 in 12. ASSIGNMENT OF ANTITRUST CLAIMS. athonsed payment on the pan of the City of For Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, fougaol cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchase pursued to this purchase oNer. al I must accompany invoice. Additional charges for Backing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing point in various pm of the country, shipment is Ifthe Purchase direct the Seller to correct rwnconfomting or defective goods by is daze to be agreed upon by the expected f the nesmst distribuinn paint or diddiniu n, attd excess freight will he contacted from Invoice when Pumhmer and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pumhue shipment are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and she Seller shall pay all costs associaed with such work. Permits. Seller shall procure at sellers sole cast all necessary permit, certificates and licenses required by all a„licablc laws, regulations, ordinances and odes 01 dir state, municipality, territory or Political subdivision where the work is performed, or required by any other duly constituted public authority havingjunwhetion over the work of vendor. Seller bounce agree to hold the City of Fan Collins handles from and against all liability and loss incurred by them by mamn of an asserted or established violation of any such laws, regulations, ordinances, roles and uaryimment. Atal ovarian All ponies to this cmbm agree that the representatives are, in fat, bona fide and possess full and complete authority a bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance m the terms and conditions sated herein set fmrh and any supplementary or additional tens and conditions annexed In era or mempomnmd herein by reference. Any additional or u nfirmnuerms and conditions proposed by sel let are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou v. make complete shipment m aria. on your promised delivery date as noted. Time is ofthe essons. Delivery and performance most b , eRecmd within the time staled on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance effectual late deliveries, shall opemte as a waiver of Nis provision. 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 damages as a result of delays due to souses not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such at of God, act of civil or military authorities, govemmmml families, fires, strikes, flood, 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 NerroE In me evem of my such delay, the date of delivery shall be extended fix the period equal to the time atually lost by reason oftbe delay. 3. WARRANTY. The Seller xarments that all goods, articles, mstmaB and work covered by this order will conform with applicable drawings, specifications, samples andmr oNer descriptions given, will he fit fat the purpmcs intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agates to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warmcry. The Seller shall replace, ropair or make good, without cost to the purchase,, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms army applicable warrenly provided by the Seller after the deror of eceptance of the gaol famished hereunder, (acceptmce not to he unrstwably delayed), resulting from imperfcm or defective work done or ntamriat fincephM by the Seller . Acceptance or use of goof by life Purchaser shall not onstimte a waiver of any claim under Nis.1y, Exceps as otherwise provided in this purchase order, the Sella liability hereunder shall extend to all damages proximately caused by rise breach of any of the foregoing warranties or guardmees, but such liability shall th no event include loss of profits 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 legal moms by wdnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to tie resets, other than legal firms. including additions to or deletions fmm me quantities mi,mally ordered in me specifications or dowial, by verbal or won. change oNer. If any such change alTect the amount due or the time ofpufornance hereunder, an equitable adjustment shall he made. b. TERMINATIONS. The Purchaser may at any time by written change oNee terminate this agreement as to any or all potions of the goods then act shipped, subject to any quotable adjustment between the parties as to any work or materials then in progress povided that the Purchaser shall nor be liable for any claims far anticipated profit on the uncompleted ,onion ofthe goof anbor work, for incidenwl or consequential damages, and that no such adjustment be made in favor of Ne Seller with respect to any goods which ere the Sellm standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir abligations as to cony goods delivered herewder. J. CLAIMS FOR ADJUSfMENT. Any claim far adjussment must be asserted within thimry (30) days from the dam the change in termination is ordered. 8. COMPLIANCE WITH LAW. The Seller woman that all goods sold hereunder shall have been produced, sold delivered and furnished in inner ompliamce with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be rquhed to effect or evidence compliance. All lases and regulations required to he ncorpomted in agreements of this chorister am hmby incorporated herein by this referen c. The Seller agrees to indemnify and hold the Purchase harmless from all costs and damages su@red by the Parchaer as a result of the Sella failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seiler warrant full, clear and umestrined title to the Purchaser for all quipment, materials, and it. furnished in of this agreement, (ia and clear of any and all liens, msaiedions, resery ound, security coast encumbrances and claims of all The Seller shall release the Purchase and its contractors of any tier from al liability and claims of any mama resulting from the performance ofsuch wok. This release shall apply even in the a'em of fault of negligence of the parry releas d and shall extend no Ne directors, oBicm add employees ofsuch party. The Sellers contractual obligations, including warranty, shall not he demand m be reduced, in my way, because such wok is performed or caused Ira he perfaned by the Purchases. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and al I claims for infringement by reason of the use of such patented design, device, material or process in connection with the cartoon, and shall indemnify the Purchaser for any cost, expense or damage which it may W obliged Ira pay by reason fsuch infn-ngeoem a any time during the pmsecmion or suer the completion of the.& In case said a myrart, or any put thereof or the intended use of the grads, is in such suit held in camtdand infringement and the use of said compmenn or pan is enjoined, the Seller shall, at its own expense and at its option, must procure far Ne Purchaser the fight to coatwuc using said equipment or pans, replace the same with substantially agent but noninGnging equipment, or modify it so it becomes amen fringing. 15. INSOLVENCY. If the Seller shall become insolvent or bag mpt, make an assignment for the benefit of creditors, appoint a or trustee for any of the Sella properly or business, this coder may fonhwith be, canceled by the purchaser without liability. 16. GOVERNING LAW. The definition of erns used or the interpretation of the agreement and the right ofall parties hereunder shall be com seed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Re,comn dive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, acrace of any accident, destruction or i jury a the wok output materials befre Sellers fired completion and ceptance. complete the wok at Sellers own expense and to the satisfaction of the Pumbme. When materials and quipsncut am famished by others for installation or section by the Seller, 0e Seller shall receive. unload store and handle same st Ne site and become responsible therefor m though such maerials amber equipment were being f ishcl by the Seller under the ords. I8. INSURANCE. The Seller shall, cut his own expense, provide for the payment of workers compensation, including orcup ratio d disease benefits, to it employees employed on or in connection with the work covered by this purchase order, arbor to their depeMent in accordance with the laws of the some in which the work is to be, done. The Seller Shall also carry WMP a rive general liability including, but not limited to, canusctal and automobile public liability insurance w'i h bodily injury and death limits of at to-, SAb.gp far any one person. S500.000 far any one accident and Fmpemry damage limit per accident of S400,000. The Seller shall likewise require his rs, if any. to provide for such compensation and insurance. Reforeany of the Sellers fir his contractors employ es shall den any wok upon the promises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such crnificmes shall specify the date when such compensation and iasumnce have been provided. Such cei ificau s shall specify the dam when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aver the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respomibila, and liability far any and all damage, loss or injury of my kind or nsturt whatoaver to persons or property caused by or resulting from the execution ofthe wok provided for in this purchase under or in connection herewith. The Seller will indemnify and hold families the Purehae and any cr all of the Purcaseofficers,officers,t hoe, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agent or employees. In can any suit or other proceedings shall be brought against the Purchase,, or it oRccu, agents or employers at any time oa a<omt or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of it or Nair otTcm, agent or employees as aforesaid, the Seller hereby agrees to assume the defense former and to defend the same at the Sella own expense. m pay any and all cart, charges, arromeys fees and other expenses, any and all judgment that may he incurnd by Or obtained against the Purchaser or my of it or their officers, agent or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the respect, of the Purchase, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause life same to he dissolved and discharged by giving bond or otherwise. The Seller and his comments shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws a i regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mules and regulations issued pursuant therein. Revised 03n010