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HomeMy WebLinkAbout537172 BROADBEAN INC - PURCHASE ORDER - 9142631Fort Collins Date: 05/09/2014 PURCHASE ORDER Vendor: 537172 BROADBEAN INC 240 NEWPORT CENTER DRIVE SUITE 205 NEWPORT BEACH CA 92660 PO Number Page 9142631 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 05/09/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price JOB POSTING 4,30.14 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 1 LOT LS 3,500.00 Total $3,500.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 llRtr]tIM971Fdi uC�iRi4PiL[I6GLEj Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of To" Collins is exempt from state aM local taxes. Our Exemption Number is 98 04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 k registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Saatchi 1973, Chapter 39-26, 114 (a). Goals Rejected. GOODS RE1ECfED due m failure in meet specifications, either when shipped or due to defects of damage in transit may M resumed W you for credit and are a.1 to be replaced except upon receipt of wormers instructions from the City of Eon Collins. broation. GOODS are subject to the City of Fort Collins inspection on traded. Final Acceptance. Receipt of the merchandise, servt or equipment in response to this order con result in authorized payment as the pan of the City of Eon Collins, lkwaver, d is 1.M understood flan FINAL ACCEP I'ANCE is dependent upon completion of all applicable required inspection praedures. Freight Tears. Shipments must be F.QR., City of Fort Collins, 700 Wood St., ran Collins, CO 80522, unless otherwise specified on this order. ,(permission is gian to prepay fteighl and charge scpamlcly, themiginal freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Where manufacturers have distributing points in various puns of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deduced from Invoice when shipments are made form greater distance. Permits. Sella shall pricvre at elders sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the star,, municipality. territory or political subdisision where the work is perfumed, or required by a, other, duly ..,,.red public autlodry Basin, jurisdiction over the work of vendur. Seller f ci her agrees to Mid the City of Eon Collins harmless from and against all liability aM loss marred by them by arson of an urged or established violation of any such laws, regulatimrs, ordinances, roles and admiremrms. Amhonmdon. An parties to this comma agree flat the representatives are, in fact, Mid fide and possess fun and complete authority to bind said parties. LIMITATION OF TERMS. This Purchae Order expressly limits azttptance to the terms and conditions sated boom set Leah and any supplementary or oddldoral It. and conditions annexed here,. or incoryomted herein by rekrence. Any additional or different ems and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your promised delivery date as noted. Time is of the essence Delivery and pafam ur,e most be ell'eded within the time Stood on rise purchase order and the dow cons attached harem. NO .,,a ofthe Par, hawr, including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Fairchild LEAR have, in addition m.,her legal sod ryuimble remedies, the option ofplacing this order elsewhere and bolding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such ads e'God, acts of civil or military authorities, govemmental Frontlet, fires, strikes, Rood, epidemics, wars or Hors provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler final received knowledge thereof. In the event of any such delay, Lie dam of delivery shall be extended fir the period equal to the time amally Its, by rcu.a ofthe delay. 3. WARRANTY. The Sella warrants shot all good, articles, materials and work covered by this meet will conform with applicable drawings, specifications. samples andror other descriptions given, will be fit for the Purposes intended, and performed with the highest degree of tare and competence in neceeaace with mocpted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless Boom any loss, damage or expense which the Purchaser may Lind or human account of the Sellers breach of wamnty. The Sella shall rapture, repair or make good, without cost to the purchaser, my defects or f Its arising within one (1) year or within such longer period of time as may be prtscnbed by law or by the terms army applicable warranty provided by the Sela after the dale of acceptance of the good famished hereunder (acceptance not to M pardeosibly delayed), resulting form imperfect or defective work done or materials f mished by the Seller. Acceptance or use of gad by the Purchaser shall not oushoute a waiver of my claim under this warranty. Except ns otherwise provided in this pnmhase Deer, the Sellas liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wormood or g ccounds, but such liability shall in no event include loss of profits or loss of use NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by women change peer. 5. Cl IANDES IN COMMERCIAL TERMS. The Purchaser may make any changes to the arms, other than legal corms, including additions to or deletions from the quantities ongimlly ordered in to sperdcations or drawings, by verbal or wnnen change order. If any such change a@c¢ the amoral due or me time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. no Purchcer may a, any time by women change outer, mmrimm this S ectra. ns to any or all portions of the goods men not shipped, subject to any comimble sd impro Lit between the gooier as to any work or arterials then in progress provided that the Purchaser shall not be liable for any claims for anticipaed proms on the uncompleted Portion of the gook andor work, for incidental or mnsequential damages, and that no such adjustment M made in favor of the Seller win respect,. any goods which are the Sellers standard Stock. No such termimtian shall relim'e the Purchaser or the Seiler ofany of their obligatipm as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) dap from the date the change or mmirmtion is ordered S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict ompliance wins all applicable nos and regulations to which the goods ore subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations dMair i to be incorporated in agreements of this character are hereby inempomted herein by this reference. The Seller agrees to indemnify and hold the Pardoner hatless from all costs and damages suffered by the Purchaser as a result of Lie Sellers nilure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tanager, or convey this odder, or any monies due or to become due hereunder without the prom, written consent of the at prey. 10. TITLE. The Sella wanmis full, clear and umestricard title to the Pmchaser for all equipment, mmmzls, and items furnished in performance of this agreement free sad clear of any and all liens, sanction, reservations, security interest encumbmpcm aM claims ofmhers. 11. NONWAIVER. Failure of the Purshaspr to insist upon and performance of the teats and mnditiond hereof, failure or delay to oxervise any rights or remedies Provided herein or by law, faila , so promp0y notify the Sella in the event of a Mach, the eceptance ofor payment for gads homemaker or amroval ofthe design, shall not release the Seller of any of the warranties m obligations of this purchase order and shall nor be deemed a waiver of my Light of the purchaser to insist upon and performance hereof or my of its rigbts or remedies u to my such goads, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my puryoned oral modification or reuicami of this parchsse order by the Puurchaer morese as is waiver of any of me tams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actml ecnc pactim. o erclarges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns In the Purchaser any and all claims n may now have or herea0er acquired under federal or sate Lonorrsl laws for such overcharges relating to the paniculm goads or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to comet noncanfomlng or defective goods by a date to M agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its imbility or unwillingness to comply, the Purchaser may cams, the work to M performed by the most expeditious means available to it, and the Seller shall pay all The Seiler shall release the Purchaser atd its c amorwars of any net from all liability and claims of my shim resulting from the psK rmance of such work. This release shall apply even in the rent of fault of negligenre of the pony released and shall extend to the directors, officers and employees ofsuch party. The Sellers aboaretual obligations, including wormaty, shall not M droned to I,c reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by liner, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far infringement by reason of the use of such patented design, device, mtenal or praess in connection with the contrad, and shall indemnity the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement set 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 goads, is in such suit held to constitute infringement and the use of said equipment Or pan is enjoined, the Seller shall, A its own expense and at its option, either procure for the Purchases the right to aolinim in, said equipment or pans, replace the same with substantially anal but amunfringing equipment, or mrdi fy it so it becomes noninGngng. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of traders, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the rch Puaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement ad the rights of all parties hereunder shall M ,,ensued under aM Reversed by the Imes of She Sate ofColomda, USA. The following Additional Comaimer apply only in cases where the Seller k to perform work hereunder, including the smices of Sellers Repmunative(s), on tM premics ofathers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Sellers own risk Rod] the same is fully complied and accepted, end shall, in u of any accident, destruction or injury to me work and/or materials before Settees mull complaint and acceptance, complete the work of Seller's own expense and to the satisfaction of the Purchaser. When maenads and equipment are famished by .,has far instalntlon or erection by me Seller, the Seller shall receive, unload, stare and handle some at the site end become responsible therefor as though such mpm materials andim xquienr were being famished blithe Seller under the order. R. INSURANCE. The Seller shall, at his own expense, provide far the payment of workers compensation, including acumnioml disease benAts, to its employees employed on or in connection with the work covered by this purchase order, andlor to their dependents in accordance with the laws of the stem in which She work is to be done. The Seller shall also carry comprehensive general liability wduding, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S5M." for any one accident and properly damage limit per accident of 5300,000. The Seller shall likewise ra)uire hk if any, to provide for such compensation and maxonsence. Before any of the Sellers or his eonuamors employees shall do any work No the forms. of others, the Sella Stoll famish the Purchaser with is ceni6ate that such compensation out insurance have been Provided. Such ecni0wtes shall specify the date when such compensation and insurance have been provided Such renifiates shall specify the date when such compensation amd insurance expires. The Seller agrees that such compensation and insurance shall M maintained until after the Lattice work is completed std accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAM LGES. The Seller hereby summer the entire responsibility and liability for coy and all damage, loss or injury ofany kind or suture whatspever to persom or properly caused by or resulting from me execution of the work provided for in this purchase order or in connection herewim. The Sella will indemnity and hold harmless the Parchuer and my or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges 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 act, action, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be broughl agains„he Pmelfrod, or its oRcers, aged, or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their afford, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at Lie Sellers own expense, to pay any and all costs, charges, thad s fees and outer expenses, my and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in come judgment or other lien be placed upon or obtained against the proprne, ofthe Purchaser, or said ponies in or as a result ofsuch suits or oner prooddhaV, the Seller will In once cause me same to No dissolved and dkcho,ged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, f 'sh and Mall dl grad naacaary for me prevention of accidents, comply with all Wws and regulations win regard to safety ncludin& but within, limitation, the Occupational Safety aM Hculth Ad of 1970 aM all roes and regulations issued putsttant merem. Revised 0MOIL)