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HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9141032 (2)PO PURCHASE ORDER 914103er Page C117/ of PURCHASE 9141032 t of z ' `t Collins ins This number must appear V ` 1 1�7 on all invoices, packing sli s and labels. Date: 05/09/2014 Vendor: 496440 Ship To: COMMUNITY DEV & NEIGHBORH XEROX CORPORATION CITY OF FORT COLLINS c/o LEWAN & ASSOCIATES INC 281 N COLLEGE AVE 100 S CLINTON AVE XRX240A FORT COLLINS CO 80521 ROCHESTER NY 14644 Delivery Date: 02/11/2014 Buyer: DAVID CAREY Note Line Description Quantity UOM Unit Price Ordered Extended Price 3 Xerox WC7125PT Copier 1 LOT EA 1,394.94 Lease Payments Replaces PO Line 1 due to requested account number change from Cindy Cosmos. Amount equals open balance for Line 1. a Estimated Print Charges 1 LOT EA 1,129.16 for above Xerox Copier Replaces PO Line 2 due to requested account number change from Cindy Cosmos. Amount equals open balance for Line 2. P14 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 Total $2,524.10 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 COMMERCIALDEfA1LS. Tax exemptions. By statute the City of Fan Collins is exempt from state vend local taxes. Our Exemption Numb, is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifice,e of Registry 84-6000587 is registered with the Collector of Failure of ate Purchaser to insist upon shin performance of the hems and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). emerimany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance of -payment for grads hereunder or approval of the design, shall not release the Seller of Gaols Reverted. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warmnties or obligations of this purchase order and shall not M deemed a waiver of nay right of the damage in transit, may the returned W you for credit and are not to be mplaad except upon receipt of written purchaser to main upon stun performance he stfo any of its rights or remedies an to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or incurred, as to any prior to mbeament default heremd,, rear shall any proper oral modification or resrission of this purchase order by the Purchaser operate as a ware, of any of the terms Inspection. GOODS are subject to the City of Fort Collins; inspection on mrival. hereof. Final Acceptance. R,eiit of the merchandise, services Or equipment in mans to this We, cat result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthopayment dzed on the pan of Be City of Pon Collins, However, it is to be understooda that FINAL Seller and the Purchaser recognize that in actual ec is practice, overcharges resulting from national ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, fanGood enure and as emdderion. for execming this purchase order, the Seller hereby assigns to the purchaser any and all claims it may now have or hereafter Freight Temes. Shipments mast be F.O.B., City Of Ford Collins, 701 Wool St. Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwiu sped fied on this order. If pmnission is given m prepay freight and charge separately, the original freight purchased or acquired by Be Purchaser pursuant to this purchase order, bill most accompany invoice. Additional charges for packing will von be accepted. Shipment Distance. Where manufacturers have distributing points in ran us pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deduced from Invoice when shipments are made from greater do.. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulatims, ordinances and rules of the state, municipality, Nribry or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Tom Collins hamils from and against all liabiliry and loss recurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. An ins i ums, All panic to this contract agree that the representatives are, in fact, bona fide and possess full aM complete amhodry m bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acselloo e m the terns and conditions smred herein set forth and any supplementary or additional moss and conditions annexed hereto or incorpomled herein by reference. Any additional or different temrs and conditions proposed by seller arc ubjrmted to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou want make complete shipment to arrive no your promised delivery, dare as noted Time is of the rssen r. Delivery and performance most be effected within the time stated on the purchase order and the documents spurted hereto. NO acts of the Purchasers including, without limitation, weepmnce ofpanial late deliveries, shall approve as a waiver of this Provision. In Be event of any delay, the Purchaser shall have, in addition to no, 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 In causes not mommibly fresavble which all beyond its rmmnvble evnvol end without is fang of negligence, such octs of God, acts of civil or military authorities, governmenal priorities, fires, strikes, Flood, epidemics, wars Or cots provided that notice of the remnants causing such delay is given m the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time m.mally Ion by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, suavarrids end work rusim d by this order will conform with applicable drawings, specification¢, samples ani other descriptions given, will be lot for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a 'mib, narmu The Seller agrees m hold Be posidemer movies, from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of woranty. The Seller shall replace, repair Or make goad, without cast to the purchased my defects or faults arising within one (I) year or within such ]anger period of time as may bei prescribed by law of by the temp of my applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptmce tut to the unreasonably delayed), resulting from imperfect or defective work done or matmals fished by the Sell,. Acceptance in use of goods by the purchaser shall not constitute if waiver of my claim We, this wnrmtury. Except res otherwise provided in this puuchau order, the Sellers liability hereufW, shall extend m all damages proximately caused by the breach of my of the foregoing wanantics Or guarantors, but such liability shall in no event include loss Of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILIT Y OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES DJ LEGAL TERMS. The Purchaser may make changes to legal tents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may mike any changes to the terns, other Bon legal terms, including additions at or delmioni from the minnou. originally ordered in the speciffemiom or drawings, by vicebal or written change ome,. If any such change affects the.moron due or the time of p infoemmce hefeunded an equitable adjuument shall be made. 6. TERMINATIONS. The Purchaser may at any time by wma n change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics in to any work Or materials then in progress provided the, the Pinchawer shall not be liable for any claims for anticipated profits on the uncompleted portion of ice goods anjor work. tar incidental or emnquemim damages, and that no such adjimmetn be made m favor Of the Seller with respect to any goad which ere the Sellers standard stock. No such ¢mtirerion shill relieve the Purchaser or Be Seller army afibeir obligatiom as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be reurted within thirty (30) days from file date the change or termination is Ordered. 8. COMPLIANCE Wll'11 LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations m which the good are subject The Seller shall execute and deliver such documents as may IK required in effect or evidence compliance. All laws and regulations required to be ncoryoahN in agreements; of this chumter are hereby befriended herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all toss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written comae of the other puny. I O. TITLE. The Seller warm. full, clear and umeshica i title to the Purchaser for all equipment, materials, aM it. fumhhed in performmer of this agreement, free and clear of any and all liens, rarictiom, reservations, security interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purehuer directs the Seller to mere¢ nonronforming or defective good by a date to he agreed upon by Be Purchaser and the Seller, and the Seller thereafter indicates is inability or unwillingness of comply, the Purchaser may cause the work to the performed by the mast expeditious means avertable to it, and the Seller shall pay all ants associated with such work. The Seller shall release the Purchaser and its contractors Of any tier from all Infollry and claims of any ..am resulting from the performance of such work. This releam shall apply aen in the event of fault Of negligence of the perry releawad and shall extend to the direction, officers and employees ofmch ready. The Sellers commctual obligations, including warranty, shall not he demand to be reduced, in any wwy, hecause such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required! to use any design, device, material or process covered by ]ever, patent, trademark or copyright, the Seller shall indemnify and save handless die Purchaser I'mm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaer for any cost expenu or damage which it may be obliged to pay by ream of such infringement in any dime during the proaamion or after the completion of the work. In case said equipment, or any pan thereof or the inieMed use of the goods, is in such suit held m comtimm infn'ngemest and the are of said equipment or pan is enjoined, the Seller shall, at its own expen a and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the more with substantially equal bar noninfringing equipment. or modify it so a becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property ar business, this card, may forthwith ber canceled by the Purchaer without liability. I& GOVERNING LAW. The definitiman of,,. used or the imrrpmztion of the agreement and the rights ofall parties hereuMer shall be corstrued read, and governed by the laws strike State ofColomdo, USA. The following Additional Conditions apply only in causes where the Sell, is to perform work hereunder, including life arnices of Sellers Represemative(s), on the premises ofohers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn ask ..it the same is fully completed and accepted, and shall, in case affray accident, destruction or injury to the work mjor materials before Sellers final completion and acreprmre, complete the work at Sellers own expeme cad to the satisfaction order Purchaser. When materials and equipment ever f rated by ethers for installation or comics by tk Seller, the Seller shall reserve, unload, store and handle mine at the site and become responsible therefor as though such mareriah major equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his Own expense, provide for the payment of workers compiumation, including occupational disease bcnefi., to its employees employed on or in connection with the work covered by this purchase meet, carper to their dependents in acwNance with the laws of the scam in which the work is to he done. The Seller shall also tarty, comprehensive general liability including, but not limilcl to, comrectoul and automobile public liability bssevnue with bodily injury and death limits of ai least 5300,000 for my one person, S50 ,000 for any one accident end property damage limit per accident of 5400,000 The Seller shall likewise require his contractors, Warty, to provide for such coralpervarmon and imuraece. Before any of the Sellers or his contractors employees shall do any work upon the premises of olhers, the Seller shall famish the Purchaser, with a ceninorm that such compensation and insurance have been provided. Such cenifirses shall specify the doe when such compensation and insumnce have been provided. Such certificates shall specify the date when such compensation and insurance 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 r,pomibility aiW liability fro any oM oil danage, loss or injury army kind r nature whasaver m persons or properly caaud by or resulting form the execution of the work provided for in Oils purchase aide, or in coane,im herewith. The Seller will residents fy and bold harmless the Purchaser aM any r all Of the Purchasers olHcer , agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether in persons or property in which the Purchaser may be For or subject by reason of any act. action, neglect, omission or default on the pan of the Seller, my of his comments, or any of the Sellers or comments officers, agents or employees. In case any suit or other pnsaedirip shall be brought against the Purchaser, or its officers, agents or employees in my time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesviJ. the Seller hereby agrees to aapnie the defense thereof and so defend the same at the Sellers men cxpeme, to pay any add all casts, charge, ntomrys fees and other expenses, my and all judgmenn 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 procechrip, and in case judgment or other lien be placed upon or obtained against the property, of the Purchaser, or said parties in or ss a result of such ruin or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwiu. The Seller and his contractors shall take all safety precautions, furnish and install all gourds necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, bur without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuer thereto. Revised (UnOTO