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HomeMy WebLinkAbout537219 ENTECH DESIGNS - PURCHASE ORDER - 9142743Fort Collins PURCHASE ORDER Date: 05/15/2014 Vendor: 537219 ENTECH DESIGNS C/O BEABOUT BROCK EASLEY LLC 621 SOUTHPARK DR # 300 LITTLETON CO 80120 PO Number Page 9142743 1of3 his number must appear on all invoices, packing sli s and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS CO 80521 Delivery Date: 05/14/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 EchoSmart Controller; Product # ESC-2110201; 1 @ $2,325.00 EA 1 LOT LS 2,325.00 2 Controller Mounting Bracket Product # ESC9510; 1 @ $40.00 EA 1 LOT LS 40.00 7 EchoSmartSensor; Product# ESS-36001;5 @ $2,300.00 EA 1 LOT LS 11,500.00 4 Sensor Mounting Kit; Product # 9300-14-02; 5 @ $185.00 EA 1 LOT LS 925.00 s EchoSmart Power Supply; 1 LOT LS 5,500.00 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 9142743 Page C117/ of PURCHASE 9142743 2 of 3 ' `tChis number must appear ` Collins1'�7 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Product# ESP-2110201;5 @ $1,100.00 EA s Factory Remote Service 1 LOT LS 800.00 Agreement; Product # ESA-10 Per Quote Number 00000067; Dated 4/5/2014 Email PO to: Helen Peterson at helen.peterson@beabout.com 7 Shipping 1 LOT LS 200.00 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax ex an,am ss. By statute the Ciry of Fon Collins is exempr from state and Real ..to Our Exemption Number is 98-04502. Federal Excise Tax Exemption Coal of Registry 8-600058] is registered with the Collator of ]normal Revenue, Denver, Colorado (Ref. Colorado Revised Num es 1973, Chapter 39-26, 114 (a). Goods R jetted. GOODS REJECTED due to Taff lure to meet specifications, either when shipped of due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fun Collins inspection on anneal. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can moult in outbound payment on the pan of the City of Fon Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection Immersions. Freight Terms. Shipman. must be POD., City of Fon Collins, 200 Wood St. Firm Collins, CO 80522, unless otherwise specified on this order. If permission b given to prepay f ight and charge separately, the original freight bill mug accompany income. Additional coupon for packing will not h accepted. Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is expected from the nearest distribution point to destitution, and excess freight will be deducted from Invoice when shipments arc made Tom grater distance. Permits. Seller shall procure al sellers auto cost all necessary permits, cedifmtes and licerses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political suWivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller mother agrees to bald the City of Fort Collins harmless from and against all liability and loss incurred by them by resson of an asserted or established violation army such laws, regulations, ordinances, rules and requirement. Authorization. All parries to this contract agree that the representatives art, in fact, beta fide and possess full and omplem authority tea bead said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptwor to the mints and conditions sated 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 you cannot make cemplem shipment to amve on your promised delivery date of noted. Time is of the essence. Delivery and performance must be effected within the time sated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser 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 w a result of delays due to causes not mosowbly reassemble which art beyond its reasonable control and without its fault of negligence, such nets of God, act of civil or military authorities, gcommmeraL priorities, fires, abiou, good, epidemic, wars or riots provided tom note of the examines. causing such delay is given la the Purchases within me (5) days of the time when the Seller first received knowledge thereof. In the ever of any such delay, the date of delivery shall tr extruded for the period equal a the time actually lost by crown, cfthe delay. 3. WARRANTY. no Seller warrant dot all goods, articles, mmmals and work covered by this order will conform with applicable drawings, specifications, samples actor other descriptions given, will be lit 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 barmlons from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost o the pumhasw, any defeats or faults serving within one (1) year or within such longer period of time as may be pfescre ] by law or by the terra of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hcreausb r (azorptame am to be, demonstrably delayed), resulting from imprrfect at defective work done or mrmab famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wemnry. Except as otherwise provided in this purchase order. the Sellers liability hereaMerf shall extend to all damages proximately caused by the breach of any of the foregoing wamenties Or guvainces, but such liability shall in no event include loss of profits or lass 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 mans by wren change order 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any changes to the to., ocher fan legal temt, including additions to or deletions from the quantities originally ordered in the sped fictions or drawings, by verbal or written change oNer. If any such change a@its the amount due or the time of performance hereunder, an equitable adjustment shall remade. 6. TERMINATIONS. The Purchaser, may at any rime by written change oNer, terminate this agreement as to any or all pome. of the goal then not shipped, subject f any equitable adjustment between the parties as to any work or mrcriab then in progress provided that the Purchaser shall rut be liable fin any claims for anticipated profits on fe uranmpleted ,anion of fe goads ado, work, for incidental at consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goads which we the Sellers standand stock. No such termination shall relieve the Purchaser or fe Seller fany of their obligati.- is many goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the things or termination is Ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and burnished in strict mmpliuce with all applicable laws end regulmiot¢ to which the Pool are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations respond to be incoryoraad f agreements of this character are artery incorporated herein by this rcfmce. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages sdTncd by the Purchaser as a read, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, ar convey this ardm or any motion due or to become due hereunder without the prior written corset of the Ofer pony. 10. TITLE. The Seller wmrmt full, clew and unrestricted title to the Purchaser for all equipment, materials, and items fumishcd in performance of this agreement, free and clew of any and all liens, restrictions, reservations, security mo erst eeumbwca and claims of others. 11. NONWAIVER. Failure of the parehaser to insist upon strict performance of the terms and conditions hereof, failure or delay to ea amise 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 goods herewder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and stall rot be deemed a waiver of any right of fc purchaser to insist upon strict performance hereafor any of its rights or remedies as to any such goads, regardless of when shipped, received or accepted, as to any prior or subsequent defau, hereunder, nor shall any purported and modification or ¢scission of this purchase oNer by fe Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in trtual economic practice, overcharges resulting from antitrust violations are in Our home by the Purchett. Theretofore, for good cause and as consideration for executing this purehase order, the Seller hereby assigres to the purchases any and all claims it may now have or hereafter acquired oNer hackers] or sure antitrust laws for such overcharge relating to the particular goods or services purchased or "moral by the purchattr pursuant to this Paribas, ender. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work m ha performed by the most expeditious means available to it, and the Seller shall pay all casts asoaiated with such work. The Seller shall releae the Purchaser and its comments of any tier from at hard Iry and claims of any aware resulting from the performantt ofsuch work. This release shall apply even in the event of fault of negligence of the Paul released and shall extend to the directors, oRcers and employees of such party. The Sellers contractual obligations, including ssarmnty, shall seat be denied to be reduced, in my way, baautt such wore is performed ar caused to be peformxi by the porticoes. 14. PATENTS. Whenever the Seller is mluirN to use any design, device, material or process covered by letter, paten, trademark or copyright, the Seller shall indemnify and save homeless 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 contact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended case of the goads, is in such suit held to constitute infringement and fe use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either Frame for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but tmninfirmi quip sera, ar modify it so it becamon mninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bandmpt, make an assigament for the bearer of creditors, appoint e receiver or ouster far arty of the Sellers property or business, this order may forthwith b, canceled by fe Purchaser wilur liability. b. GOVERNING LAW. The definitions of towns used or the interpretation offe agreement and the rights of all ponies hereunder shall be construed under and gwevred by the laws ofhe Some of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises orations. IT. SELLERS RESPONSIBILITY. The Seller shall carry ad said work at Sellers own risk wool the same is fully completed and accepted, and shall, in se of any accident. destruction or injury to the work amber materials before Sellers foal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the purchase(. When materials and equipment are fiunished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor w though such materials ardor equipment wee being fumishW by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andano their dependents in accordance with the laws of the state in which the work is to be done. The Seller shill also carry comprehensive general liability including, but not limited a, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,00o for any on person, S500,e00 for any arm accident and pmparry damage limit per accident Of S400,001 The Seller shall likewise require his comments, if any, as provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall f ish the Purchaser with a eotifcate thm such compensation and insurance have been provided. Such anifarms shall specify the due when such omprnsgtion cod insurance have been provided. Such certificate shill specify the date whim such compensation and insurance expires. The Seller agree that such mmpemition anal audience shall be mainaimd until after the rnae work is example and acceprM. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury crony 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. The Seller will indemnity and hold hernless the Pumhwer and any r 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 pm of the Seller, any of his onwctors, or any of the Sellers or contactors officers, agents in employees. In case any suit or other proceedings shall W brought against the Purchases, or its officer, agents or employees at any time on account or by commit of any art, action, neglect, omission M default of the Seller of any of his WM=Ors a any of its or thou, ollicou. agent at employees as of newaid, the Seller hereby agrem to assume the defense thereof and to defend the same at the Sellers own expense, to coy any and or coon, charges, attorneys fees and Other expe ass, any and all judgmrnts that may be incurred by or obtained against the Purchaser many of its or thew officers. agents or employees in such suits or other proceedings, and its rose judgment or other lim be placed upon or obtained against the property of the Poorer g or aid panic 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 band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all goarl necessary for the prevention of accidents, comply with all laws and regulations with regard to satiny including, but without limitation, the Occupational Safety and Health Act of 1900 and all roles and regulations issued pursuanuhereto. Revised 03/2010