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HomeMy WebLinkAbout536639 RUAG AMMOTEC USA INC - PURCHASE ORDER - 9142724PURCHASE ORDER PO Number Page City of PURCHASE 9142724 , of 2 Flirt Collins This number must appear /_-!�`/' ` v 1 1 on all invoices, packing sli s and labels. Date: 05/14/2014 Vendor: 536639 RUAG AMMOTEC USA INC 5402 E DIANA ST TAMPA FL 33610 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 05/13/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Item 204040050 CM .40 S&W 115gr NTF 1 LOT LS 33,660.00 Order is for Item #204040050 Qty 1700 boxes of 50 rounds @ $19.80/box. Total order 85,000 rounds. 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 2 of 2 1. COMMERCIALDEfAIIS. Tax amorphous, Bys..t the City of Fort Collins is exempt from to aW local mxa. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exrreption Cenificare of Registry 84-6000587 is registered with the Callers, of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to Interim Rev.—. Denver, Culomdo (Ref. Colorado Revised Sturges 1973, CM1apte, 39'26, 114 (a). exemise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance ofor payment for goods hereunder or approval ofhe design, shall not release the Seller of Goods Rejected. GOODS RD ECTED due W failure to meet specifications, either when shipped or due to deficits of any Of the ..—no, of obligations of this purchase order and shall not be deemed a waiver of any right of the damage err trm et, may be retuned ro you far credit and we not to be replacad except upon receipt of wrinen purchaser to insist upon strict performance hereofar any of its rights or remedies as to any such goods, regardless instructions been the City of Far Collins. of when shipped, received or accepted, as to any pear or subsequent default hereunder, nor shall any purponed oral modification or rescission of this purchase will by me Pu beento operate s a waiver of any of the arms Inspection. GOODS aR subject to the City of Pon Collie impaction on and—L hereof. Fired Acallear, e. Receipt or the merchandise, unices or equipment in lspmve a this Oscar as resmr io 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized paymenr on the pan of the City of Fog Collins. However, it is to be understood Nat FINAL Seller and the Purchaser geognirm that in actual mnemonic practice, O%,owhm Ps resulting from Mlimm, ACCEPTANCE as dependent upon completion of all applicable rryuiml impection praeJures. Galatians am in fact home by the Purchaser. Themofore, for good cove and as consideration for executing Nis Purchase order, the Sella 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 Fan Collins, AID Wood Sr, Fan Calkins, CO 80522, unless .,air, under federal or sere .maws, laws for such overcharges relating IO the particular gWs of services otherwise specified on this order. Ifpemtission is given to p,r,.y freight and charge sargutely, the original freight purchased or acquired by the Purchaser pursuant to this purchase Order. hill in t aanmanv invoice_ Additional charees for vackina will not be accented. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from me nearest distribution point W destination, and excess freight will be dish nal from Invoice when shipments are made from greater dogrnce. Pamils. Seller shall procure at sellers sole cast all werma ry permits, cearifiara and It. required by all applicable laws, re ladm arm, ordinances and rules of the sate, municipality, territory, or political subdiviamn whae the work is preformed, or required by any other duly considered public authority hommli ui a idion Over the work of vendor. Sella further agrees to hold the City of Fan Collins hauleas from and against all liability and loss incurred by them by reason of an assumed or established violation of any such laws, regulations, ordinances, notes and requirements. Authorization. All ponies to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority W bind said parties. LIMITATION OF TERMS, This Purchme Order expressly limits acceptance to Me terns and conditions stated herein set form and any supplementary or additional semis and eanditiom annexed hereto or incorporated herein by reference. Any additional or different lams and cmoditiom proposed by seller am objected to and hereby rejc.cL 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date s noted. Time is Of the essence. Delivery, and perfomm st, must be erected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial kale deliveries, shall Operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addi,io t to other legal and equitable tamedies, the option of placing this order elsewhere and holding the Seller liable for damages However, the Sella shall not be liable for damages as a result of delays due to roues not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such arcs ofGOO, acts ofcivil or anduary numorius, gmammrntal priorities, firers, surges, flood, epidemics, was or rims provided Nat notice of the conditions causing such delay is given to the Purchaser wMi. five (5) days of the time who the Seller logo received knowledge the of. In the event of any such delay, the date of delivery shall to expanded for me peuod equal to the time actually lost by reason Ofthe delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with me highest degree of care and competence in accordance with accepted standards for work of a similar argue. The Seller agrees to hold Me purchaur harmless from any loss, damage or expense which be Purchaser may suffer or incur on account of the Sellers breach ofwaunty. The Seller shall replace, repair or make good, without cost to the purdauq any defects or faults ansing within one (1) year or within such longer period Of time as may be, prescribed by law or by the renns of any applicable wamory Provided by me Sella after tlu date of acceptance of me goods Exhibited! Muutdm (acceptance rat to be utuersorably delayed), resulting from imperfat err defef ive Work done or m.mals funishal by the Seller. Accepmme or use of goods by the Purchasef shall no, onstiate a waiver ofany claim under this waranry. Except as oderwise provided in this purchase order, me Sella liability thereunder shall extend to all damages pmximmely caused by the breach of any of the foregoing wara ne, or gi aranta , ben such liability shall in no eve. include lass 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 Wm:s by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Puahser may make any clu ng¢ to me terms, other than legal terms, including additions to or delniom from the quaeides originally ordered in de specifications or drawings, by verbal or armor change order. If any such change effects the amaum due or the time ofperfomance hereunder, an equitable adjustment shall b, made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all pagions of the goods then not shipped, subject to any equitable adjustment between the ponies as to any work or materials men in progress provided that the Purchaser shall not be liable for any claims for anticipated probes on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that na such adjmtmenr be made m favor of Me Seller with respect to any Seeks which are the Sella. standard stock. No such termination shall relieve the Purchaser or the Seller army ofdar, obligations s W any goads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for ndjmaent met b, msn4d within diary (30) days from the dare the chansc or lmwadon is oNncd. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunde, shall have been produced, sold, delivered and furnished in smm compliance with.11 applicable laws and regulations W which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required W be incorporated in agreements of this character me hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchmer hauless from all toss and damages suffered by the Purchase, as a res., of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry 'hall assigns vamfia. or convey this order, or my monies due car Ins become due remember without the prior wrirtm coma, of me Omer party. 10. TITLE. The Seller warrants full, clear and unrestricted title W the Purchaser for all equipment, malnals, and it. famished in performance of this agreement, free and clan, of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchus directs the Seller to cost nonconforming or defective goods by a date to be agreed upon by the Purchser and Me Sella, and the Seller derater, indow, its inability or uawillingness 1. comply, the Purchaser may cause the work W be performal by the most expedition meant available to it, and me Sells, shall pay all costs arm imed with such weak. The Seller shall release thrc Purchaser and its contactors of any tia from all liability and claims of any mope resulting from the performance of such work. This relase shall apply ,on in the sent of fault of negligence of the party relented vad shall extend at the directors, affects and employees of such party. The Sellers contractual obligations, including warranty, shall no, be deemed W be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whence r the Seller is required to use any design, device, material or process coverts by trust, patent tmdemmk or copyright. the Seller shall indemnify and rove harmless me purchaar from any and all claims for infringement by ¢coon of the use of such patented design, de, ice, material or process in mutation wins me comnm,, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by crown 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 use 01'the goads, is in such suit hold W constitute infringement and the use of said equipment or pan is emm ool, the Seller shall, at its own expense and m its option, either procure for the Purchase the right to continue using said equipment or parts, replace the same with substantially equal bar noninfiinging equipment, or modify it so it becomes aaninfroging. 15. INSOLVENCY. If the Sella shall become imoIvan, or b ,t, nuke an assignment far me benefit of cadimrs, appoint a houriver or treasure for any of the Sellers propety or bminess, this order may fmthwim be amelW by me Purchaer without liability. 16. GOVERNING LAW. The definitions of temu used or the interpretation ofthe agreement and the rights adult plies hereunder shall be omwW under and governed by the laws ofhe State ofColomdo, 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 of covers. ❑. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Sellers oam risk wul me same is fall, completed and accepted, and shall, in arse of any aecideran, deduction or injury in the work and/or rama rials before Sellers bell completion mad magame, complete the work at Sellers own expense and to me satisfaction of the purchaur. When whornals and originator are f is by Others for installation or section by the Sella, the Sella shall receive, unload. stare and handle same at the site and become responsible therefor s though such materials an for equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers confirmation, including occupaccual disease benefits, to its employees employed on or in commotion with the work covered by this purchase order, cursor to their dependents in accordance with the laws of the state in which me work is in be done. The Seller shall also carry comprehensive general liability maturing, but no, limited to, command] and automobile public liability magnate na to with bodily injury and death limits of at lest S300," for any me person, SI M ON) far any e maiden( and popery damage limit per made. of S400,000. The Sella shall likewise require has mnta.ora, if any, to provide for such eompesation and insuramc. Before any Office Sellers or his significant, employees shall do any work upon the prsnisas craniums, the Seller shall Mail de Purchaser with a cearifirme that such romprmation and insurance have been provided. Such centOcates shall specify Me date when such compensation and insurance have been provided. Such comficares shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained anti l after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respamibilil and liability for any and all domem, loss car injury of any kind Of rural wha mesa no persam or pmpeary caused by or resulting from the execution of the work provided for in this purchase order or in..Iion herewith. The Sell,, will indemnify mad hold baseless the Purchss and any or all of the purchaur, officers, .genes aged employees from and e,i., any and all claims, losses, damags, charges or expenses, whether dire of indirect, and wdedrer to persons or pmpeny W which the purchser may For put or subject by season 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 affects, agents or employees In case any suit or other proceedings shall he brought against the Purchaser, or its ORcers, agents or employees in any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his cm mucWrs or any of its or their Officers, agents or employees as aforesaid, me Seller hereby agrees W assume the defense therm( and W defend the same or the Sellers own expense, to pay any and all costs, chaga, entomrys f es and other expenses, any and all judgments that may he incurred by or obtaimd against Me Purchaser or any of its or their olticers, agents or employers in such suits or other proceedings, and in cats judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or ss a moult of such suits Of Omer proceedings, me Sella will at once cause the same W is, dissolved aced dischmgcd by giving hoed of whanise. The Seller and his contractors shall take all safety precautions, furtush and install all guards necessary for the intervention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulados issued pursuant themes. Revised 03Q010