HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9132819Fort Collins
Date: 05/09/2014
Vendor: 496440
XEROX CORPORATION
c/o LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER NY 14644
PURCHASE ORDER
PO Number Page
9132819 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 05/31/2013 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
s Addendum to PO# 9132819 1 LOT EA 850.00
Additional Est. Print Charges
Facilities Admin Portion.
For Xerox Copier W7835PT located at Operation Services.
PO Line 3 authorized per Requisition# 47329. -
6 Addendum to PO# 9132819
Additional Est. Print Charges
Fleet Admin Portion.
For Xerox Copier W7835PT located at Operation Services.
PO Line 4 authorized per Requisition# 47329.
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 EA
850.00
Total $1,700.00
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. COMMERCLV.DEI'AILS.
Tax exemptions. By some, the City of Fort Collins is exempt from state and local cans. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Crrificam of Registry 84,5000587 is registered with the Collector of
Failure of the Purchaser to vsht upon strict pedo. of the terms and conditions Fervor. failure an delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Racised Statutes 1973, Chapter 39-26, 114 (a),
c is any rights or mnedies provided herein or by law, failure to promptly notify the Seller fir the event of a
breach, acreptaxwo of or payment for goods hereunder or approval ofthe design, shal not release the Seller of
Goods Rejected. GOODS REJECTED due to future to meet specifications, either when shipped or due to &fears of
any of the wormnties or obligations of this pumbuse order and shall not be deemed a waiver ofany right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
parchmerm insist upon strict performance hereoforanyofhs rightsor remedies in many, suchgood, main lass
instructions Routine CityOf Fart Collins.
of when shipped, received Or accepted, t to any prior or scluxam nr default hereunder, nor shall any pumoned
oral modification or rescission of this purchase order by the Purchaser operate ss a waiver of any of the terms
Inspretion. GOODS are subject to the City of Pan Collins inspection on arrival.
hereof.
Final Areeprowe. Receipt of the merchmldire, mvi. or equipment in respux to this order am result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authonud payment on the pan of the City of Fort Colliers. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual command, practice, overcharges resulting from contrast
ACCEPTANCE is dependent upon mmpinion ofall applicable required inspection procedures.
violations are in fact home by the Purchaser. TheMofne, for good cause am co, consideration for executing this
muchom under, the Sella hereby auigns to the Purchawr any and all claims it may now have or hereafter
Freight Tcemt. Shipments must be F.O.D., City of Fan Collins, 700 Wood St., Fors Collins, CO 80522, unless
acquired under federal or state indicator lass for such overcharges miming to the particular goads or services
Otherwise specified on this order. If permission is given m prepay freight and charge separately, the original freight
purtmuJ or acqubM by the Prominent pursuant to this purchase under.
bill mint accompany invoice. Additional charges for puking will not be acremod.
Shipment Dournee. Where manufacturers have distributing points in various pans of the country, shipment is
expected fire., the nearest distribution point in destination, and excess freight will No deducted from Invoice when
Shipm er, are made from greener distance.
Permit. Seller shall procure at sellers sale cost sell necessary pared., cenifivid. and licenses required by all
applicable laws, regulations, oMnances and roles of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
Of vendor Seller fuller agrees to hold the City of Fon Collins harmless from and against all liability and lost
ncurre l by them by reason of as aammd or establishM violation of any such has, regulations, ordinances, roles
all requirements.
Authorimation. All parties to this canton agree that the representatives are, in fact, bona fide and passess full and
compMe suthoriry m bind said panic.
LIMITATION OF TERMS. This Purchase Order upassly limits acceptance to the terms and conditions stared
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different rams and conditions proposed by seller are objected to and hereby rejected,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if y.a cannot moke complete shipment to amve on your
promised delivery date t noted. Time is of the essence. Delivery and performrnce mast be,livered within the time
sassed on the purchase order and the documents attached hereto. No erns of the Purchasers including, without
limitation, acceptance ofpanial Ise deliveries, shall operate as a waiver Of this provision. In the event Of any delay,
the Pac haer 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 nos be liable for damages as a result of delays
due to causes not reasonably foreseeable which art beyond its reasonable control and without its fault Of negligence,
such nets of God, acts afcivil or military authomies, gavemmental priorities, fin, strikes. Bond, epidrntia, wars or
riots provided Ghat donee of be conditions musing such delay is given to the Southerner within five (5) days of the
rime when the Sella first received knowledge thereof. In she event of any such delay, the date of delivery, shall be
extended for the perimd equal to the time usually last by reason of the delay.
3. WARRANTY.
The Seller warrants but all goods, articles, manias and work covered by this order will condoms with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of cum and competence in accordance with accepted standards for work of e
mils nature. the Seller agrees to hold the pualuser harmless from any loss, damage or expense which the
Purchaser may suffm Or incur On account of the Sellers breach of waranty. The Seller shall replace, repair or make
gaol, without cost t0 are purchtrd any defect Or (cults arising within one (1) year or within such longer period of
time res may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of
arrepmtue of the goad fimnished hereunder (meeptude, Out m be unreasonably delayed), ,caching firm imperfect
an defective work done an materials furnished by the Sella. Acceptance or ase of good by the Purchaser shall not
constim e a waiver ofany claim under his commonly. Except as otherwise provided in this purchase onda, are Sellers
liability hereunder shwl around Ira all damages proximmrly awed by fire breach of very of the famoN.ng warranties
or guarantees, bur such liability shall in an event include loss ofprofies 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 mares by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
die quantities originally ordered in the speci fcatiom or drawings, by verbal or written change order. If any such
change officers the amomn due or the time ofperfmmaam haeunded an equitable adjustment shall Ire made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, moment, this agreement as to very or all anions of me
goods then Out shipped, subject eta any equitable adjustment between the panics t many work or maerials then in
progress provided that me Pumhannr shall hat be liable for any claims for anticipated profits on the uncompleted
potion of the good and/or work, for incidental or consequential damages, ad that no such adjustment be made in
favor of the Seller with resp st to any good which are the Sellers standard stock. No such nomination shall relieve
the Purchaser or fie Seller of any ofthar obligations as to any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be moment within thirty (30) days from the dam the change or lamination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants than all good sold hereunder stall have been produced, sold delivered add fmished in strict
compliance with all applicable laws and regulations to which the good am subject. The Seller shwl execute and
deliva such doc nd. as maybe required to effect or evidentt..pit.. All laws and sgulatoos requited an be
i onquirioed in agreements of this character are herby incorporated herein by Nis «femme. The Sella agrees m
indemnify and hold are Purchaser harmless from all casts and damages suffered by the Purchaser as a much of drc
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or in become due hereunder without the
prim .,,an consent Of the other party.
10. TITLE.
The Seller warants full, clear and accentuated title to the Purchaser for all equipment, materials, and items famished
in p tumor are of this agreement, free and clear of any and all liens, restrictions, reservations, mounly interest
aneumbrences and mid. of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Forecast, directs the Seller to cored nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thatcher indicates its inability or unwillingness to comply, the Purchaser
may arse he work m be performed by the most expeditious means available In it, and the Seller shall pay all
costs associated with such work.
The Sella shall relate the Purchaser and its contmdom of any tier from all liability and claims of any nature
resulting from the pmmamancc ofSOvh work.
This release shall apply even in the ,at of fault of negligence of th, Patty reluuW and shall errand in the
di¢cmrs, oRcen and employees of such pany.
The Sellars rommctual obligations, including caner' my, shall cot be deemed m be eeduced, in any way, because
such work is performed or caused to he Performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required On use my design, docce, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save handless the Purchaser from 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 Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution Or after fie 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 use of
said equipment or pan is immoral, the Seller shall, at its own expense and at its option, either pmcme, for the
Purchaser the right to continue using mid equipment or pans, replace the same will substantially ryual but
noniafnging equipmem, or modify it so it becomes maninGnging.
15. INSOLVENCY.
If the Sella shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a
nexiver or mutee for any of the Sellers property or bnsieess, this order may forthwith be canceled by are
Paramour without IiabiliN.
16. GOVERNING LAW.
The definitions of terms used Or the interpretation of the agreement and the rights of all patties hereunder shall be
onstmcd under and governed by are laws of the State of Colorado, USA.
The following Additional Conditions apply only in eases where the Seller IS to prrfomh work hereunder,
including par services of Sellers Represen arilepA. an are premises of others.
❑. SELLERS RESPONSIBILITY.
The Seller shall Carty on said work at Sellars own risk until the same is fully completed and mceped, and soar,
in rase of any accident, destruction Or injury to the work motor mmceirb, before Sellars f 1 completion all
acceptance, complete are work at Sellars own expense and to the Satisfaction of the Purchaser. Wheo msterials
and equipment am frrhvhm by others for installation or erection by the Seller, the Seller shall receive, award,
store and handle Same at the six and became responsible berfm as though such materials and/or equipment
were being f ished by the Sella under the order.
18. INSURANCE.
Lar Seller shall, at his own expense, Provide for the payment of workers compensation, including occupational
disease bcnclita, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependards in accordance with the laws of the state in which the work is to he done. The Seller
shall also carry comprehensive general liability including, but nut limited to, contactual and automobile public
liability moumnce with bMlly injury mM death limits of at hour 530(,000 for any one person, $500,000 for any
one accident and property damage limit per accident of S400,10di The Seller shall likewise require his
contractors, if soy, to provide for such compensation nM insurance. Before any of the Seller or bus contnnors
employees shall do any work upon the premises of orders, are Seller shall famish the Purchaser with a catifiate
that such compensation and insurance have been provided Such certificates shall specify the date when such
compenmuon and Insurance have been provided. Such certificates shall specify the date when such compensation
am insurance expires. The Seller agrees that such compensation and ineumnee shall be maintaimxl and after the
entire work is completed and arcepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to Persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith'IF. Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchters officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether m p roan or property to which the Purchaser may
be put or subject by reason ofany act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of are Sellers or contractors officers, agents or employees. In raw any suit or other
pmccraings shall as, brought against the Purchaser, or its officers, agents or employees at any time on mmmt or
by onown of any act, action, neglect, omission or default of are Seller of my of his contacors or my of its or
then officers, agents or employees as aforesaid, Ill Sella hereby agues to assume the defense thereof and in
defend the same at the Sellers own expense, to Pay my and all costs, chat.., atmmeys ties and other a.,.s,
any and all judgments that may be inured by or obtained against the Purchaser or my of its or their Dicers,
agents m employees in such suits or other proceedings, and can cam judgment or other loan be placed upon of
obtained against the property of the Furchaer, or said Parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall cake all safety precautions, furnish and install all gamd nrcrosary for the prevention of
accidents, comply with all laws and regulations will regard in Safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 032010