HomeMy WebLinkAbout537419 POWER SOLUTIONS LLC - PURCHASE ORDER - 9142787Fort Collins
Date: 05116/2014
Vendor: 537419
POWER SOLUTIONS LLC
PO BOX 100
BARRINGTON RI 02806
PURCHASE ORDERPO
914278er Page
742787 lofz
This 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: 05/16/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I EnerSys DataSafe 12V Batteries 1 LOT LS 5,240.00
Part Number12HX205
40 @ $131.00/EA
2 Shipping 1 LOT LS 621.00
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
Total $5,861.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
I. COMMERCIALDEfAIIS.
Tox exemptime. By steal¢ me City of Fm Collins ...,At form sate end local axe. Our Ealwaim Nwlhar u
11. NONWAUVER.
9gAN502. Federal Exciw Ina Exemption Cattle. of Registry "6000587 is mglmered with me Coilwfr of
Fail= or m, Pumhiwa to insist upon sae[ Pelarmmce of the temw and conditions hereof, MI. a, delay m
Intemul Revenue, Damon. Colorado (Ref. Colorado Revised Senates 1973, Chapter 39-26.114 (A),
anemia, my nghla ar mmedia provided I.M. or by low, Milan m pmmpdy Imfty me Salle, in ere event of A
branch, the wom ante of ar payment for goads Iremunder or Approval afore design, shall ran raleAse me Seller of
Goodr Rejected. GOODS RF,1071'ED due to milum to men spedDemir., amen when shipped or due Io defacer of
any of the warranties or obligations of this purchase order said shall not a deemed a waiver of any right or the
damage in vdeard. may be ratumed to you far credit wch am not on he replaced except upon maid, of warpon
purchaser to iruut upon strict performance h.ofor any ofia rights of .nears m to my such goads, ragerdl.s
insuppoo era from the 6ky of Fort Collins.
of when Shipped, received or woepted, As to any plot ar subsequent default heralvukr, an, call my purposed
oral modification or rescission of this ruminate order by Me Purchaser operate a a wdmer of my of the Item
Initiation. GOODS Am subject W the City of Fart Collins ospecliou an mrivW,
hereof.
Final Acceptance. Receipt M the merala. services or sclummrnt in response an this Omer ran tort, in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
auraraed payment on to pun or la City of Four Collins. However, it is to M understood mar FINAL
Salter And the Pmhasa maogame that in Amwl ee is 1.11ce, o.emlmrges relit., from mlit�t
dep ACCEPTANCE is mukml upon completion ofall applicable required imputation pmcedum,
violations in fat home by Or Pummon.. TM.ol.re �]or g,xnl cause and a onsidemian for executing this
m
pumhme Aran. Me Seller hereby woo m, 1. the Purchma say Anal all claims it may prow have ar haren0a
Fruit, Terms. Shipments, mutt be F.O.B., City of Fos Collins, 700 Wood Se. Fort Collins. CO 805n, unless
Acclaims] radar federal or into dralmat laws far such overcharges relating or the imitator goods or services
oderwlo specified on this man. If permission is given a prtWy freight and charge separately, the ord imd freight
purchased or acquired by the Fmlaxr pumard m this precious order.
told mutt accompany invaio. Additional sharp. far pwking will not In, mcryted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where mmufcarmi have d'uaihuag proms in venom parrs of tie contrary. shipment is
If the Purchaser dirt. the Seller to tamer mmanfomring or defective goods by. chiral.M Agreed wim by the
expected wen age newer, lotteries I. m dre miner. oal excess freight will be deducled front Invoice when
Pumhasa and me Sella, and the Sella Marcher kaffly . its inability in unwillingness or comply, the Purchaser
shipmena m made Wm grcnmr dimame,
may muse the work to a paf tried by me ram upWitious Anew. Available An if and the Sella Avill pay WI
cars maocu,al wins such work.
Permit. Sella alwll ".me ail seller s.le cam all rucessary permits, certificates orb Iwasim mained W WI
ynplicable laws, mgulmian, anlmunces and mIm of the room, municipality, territory a pafical maxi voim where
the work As performed, or required by any other duly constituted public sutardy, buying jurisdiction over the work
of vendor. Seller former Agrees to hold ere City of Fon Collins hmnnlea Gam and Against WI liability and loss
Incurred by teem by reawn or.. Armed or established violation of my such laws, ragulinpart, amiwima, rates
and requirements.
Authorization. All partles to this contrat apes mat die representatives arc, in fact, tom tide and possess full and
complete authority an bind said partm.
LIMITATION OF TERMS, This Purchase Orda.pmaly limits acard.. W tle emu am cadirom mount
hmin set Mash and my supplementary a Additional emu and candilions lowest hate or inodmmud brain by
mt,.. A, amilioml arddl'erem a.. and conditions proposed by seller am ob,.W9. ad heresy jeered.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT amediwtely if you cannot make complete shipment on cave on your
promised delivery We As Imod. Time is of the swam. Delivery and pnfamlmce ma, M ¢flared within the time
stated on the purchase order and the dacumena meshed harts].. No urns of ,he Parehmrs including, without
linumliM. accepts¢ of pmiul Ime deliveries, stall .,.at As u waiver of this provision. In the at of my delay.
Or purchaser shall have, in "man a cams legal AM equiabfe remedies, ere option of placing this orderelxwhe e
and loading the Sella liable for damages, However, the Sella shall nor M liable for dow,,m As a molt or delays
dirt ,, carm, col mnanably I'omr.ble which are beyond as renwnobla emwal and wirhom Is fair of M Oftunca.
such wa.rGA as aravf or miGuvy audmrities, gavemmenal pnumies, am, strikes. amt eptdemim, wars or
rime provided Oat.mice of the conditions muwug such &toy is give An tie Parclmer within Eve (5) days of den
lime when tie Seller first.mdved knowledge, Manor In tie own, of my such &toy, the ate or delivery mall be
.learkd for the period eq.I An tie time waAlly an, by mown of the delay.
3. WARRANTY.
11te Seller wurtvnin that ell goods, mid., materials and walk covered by this order will common will mplimme
drawings, spoificaaom, wournes .Nor ether descriptions given, will be fit for me pelotas Intended, and
performed with the highest degree of cam and campnnxe in wwmanca with married lowlands Am walk of a
Asada mare. The Seller agrees in hold the purchaser hurmlass form my loss, derange or expense which me
Purchases may suRer or incur an wount of the Sell. branch of wm.ry. The Sellor shall repllee, repair or rooks
gad, without crm no the purchaser, my deface or foul¢ arising within one (I I year or within well larger periM of
time us may be pronamed by low or by the scree army applicable warrants provided by the Seller ocher the due of
wceplaace of dre goads famished lx mar Iwcepmme nor to M unn-asommy delayed). mulling dram imparka
or defective work row or towards f scr ahrd by den Seller. Acceptance or use of goods by Me Pmhaer shall vo,
contiture a waver army claim under this wurrmy. Except Asm creole provided in this purchase worm, to Sellers
liability hme.der call exhaust as WI domogm promomly caused by the breach of my of the intriguing warvwtcs
uri motto. but such liability shall o no evem include tom ofpmfna or tom of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
a. CHANGES IN LEGAL TERMS.
The Pmhaa soy make shomps to legal terms by won. change coda.
5. CHANGES IN COMMERCIAL TERMS.
The Poxhaver now make any ¢bangt, a, IM ,emu m6a IM1nn legal le areladin, wilitiom la ar drImmis from
the cadmium originally omercd in de A s cificadum ar drawings, by venal w asnow change order. If my such
change .11faca she armor den name time ofper(.nnanee hamuMer, ern amiable Mjuamem shall be mode.
6.TERMINATIONS.
The Purchaser any at any it. by wnnen change Amer, emtimm mi. nRourna a As to my or all protons of the
galls men not shipped, subject m Any ..liable Mjuomew between me parties vs many work or materials than in
pmgms provided that the Pa.]. mall not b , liable for my claims for anticipated profits M tie unomplmed
Portion cribs goods coda work. for inetalenaal or cmnrwmmial dumaga, And that an well Adjustment he nude in
favor arm Sella wins respect la any goods which ore the Seller, random stack No such letmination shall ,Nine
the Purchmn or ore Seller army of their obligations m a an goads delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
A, claim Ira miuum., most be asertN wian thin, (30) days form de doe Me change or mrmimnrn u
H. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder mall have been practical, sold, delivered and famished in sac,
compliance arm WI Applicable lows AM regulation to which the goods m wbjeck The Seller mall execute .d
&iWar swh dacumenu as may be man. d In effect as evidence amplimo. All laws And regulations rmuired to M
...maned in awarmmts of this ch Assam, An, hereby imisam aed herai. by this mt... The Seller Aguas to
indemnify and bold the Purchaser hmmless firm all can and donuges suffered by me Purchaser in a molt of fe
Sell. Milan, on comply wins such raw.
9. ASSIGNMENT.
Neither pay mall aail xi. hmsfn. or amvay,his older, or my monies due ado become due MreuMar without me
prior wrier. omen, of dw oawr parry.
10. TITLE,
The Sell., warrants full, clew and wresfded fide to the Purchaser ter ell littpmenl. mnmriols, and item fmishM
In parm.. of this agreement, fro AM clam of my oW all lie.. nemacrium, mmmioa, security inleres,
mcn mbmnc. and claims of a0mts.
The Sella shall raleae the Purchaser AM its mntnc,als army an from all liability and claim of any mrure
mashing from the Ferhanowne, of such wank.
This Moore slut[[ apply even in Me event of fault of negligence of the puny releuuJ and shall extend to to
dursars, officers and empluyaw of such party.
The Sellers commensal obligation, including wamnay, will no, be domed an M aadmed in my way. loan.
such work is pal mled or ..it to be urfarmed by the Pumasar.
Id, PATENTS.
Wherever the Sella is requited m me Any design, device, moariul a,.. covered by later, polmt, trmlcmnrk
or copyright, die Sella shill ukkmmly oral rave I.].IM Pmchoser form my And WI claims for mfiringenrear
by maim of the use of such planted design, device, normal or praess in connection with the camlwl, and
shall narrowly, Me promotion fa my mat. expense or damage which it may be obliged in pay by reason ofmoth
InfirlFwem At any Fore during to proacuiion or after de campinim of the work. In cox said equipm.6 m
any pan don of or the intended ux of the grade, is m such Ault held to constitute ffngcmm .d @e we of
said i nuip rmm or pan 6 enjoined, me Seller shall, aim own expense and at it option, either procure for the
Purchaser de right in mmmue using laid equipmcm or pars, replace the same with suawroWly ryunl but
monfirmang aluipmmL madmi it. it boom. mninfn'nging
15. INSOLVENCY.
If the Seller shell become warmed or b.A pd, make m acmignmem far the benef of undo.. Appian, a
receiver or unms, I my of the Sellers property or brains., Ihn order may forthwith be canceled by the
Purchases without liability.
16. GOVERNING LAW.
The definitions orrefms ISM or the imo premion afore agreement and the rights of All aria h rommor shall be
,.Aimed order and govemed by the laws fthe Stet. ofColoradn, USA.
The following Additienal Conditions apply lady in ruses where m, Seller is to perform work h mmula,
iwlMinB rh<xervices of Seli. Reprcanative(s), oA are Ptemu. sinners.
Il. SELLERS RFSPONSB3D M.
Tor Sella call any on will work As Sellers own risk until the one is fully completed and avicep,ed, andshall,
in come of my western, destmnim or injury to flue, work manor malwaa before Sellers final mmpinion AM
wemomee. compine his, wank in Sellers own expense and to ore saiafwtiam of tie Puaehaer. When...Is
and equipment m Maintained by Mass for installation a erection by me Sella, me Seller mall rweive, unload.
seem nod handle aurae al Me mite nod heome rem ,risible dietitian As though such materials Audor equipment
were being fumiahe l by the Seller under de order.
18. INSURANCE.
The Sella shill, at his awn export, provide list ore mymenl alwork. ompmaton, including weapon o u l
discuss benefit, to its employos employed oa arm connection with to walk aw aed by this purchase order.
Audi., to Map dmeodwa e as mmmce with dins, laws of the male in which me mrl, is to be dare. The Sella
mall Ala arty eamsesemive award liability eclnding, but mt limitaxi W. command and auaanobile public
liability enema¢ word rosily injury and dash limier Arm Inw S300.000 far any arse pare.. Swo.000 for Any
wWMnt and Pr,.M Jam,, limo, per occident of S400,00). TA, Sella shall Ekewise Mon. his
comrmin rs, if my, a provide nor such omleasan.n aW womeme. Won, my ofar Sellers or his contractor,
employees mall do my work span the preml.A of ofers, me Seller Mall famish me Pmhmer with n cmificae
Nor, such ompeaalim and insurance have been provided. Such onificulm shall maify, the dam when such
emimartm m And insurance have hoes provided. Such ceafea o shall warty [be are when such eem orsaion
and insurance expires. The Seller Agrees Out such compensation and announce shall he maintained until after the
.rue work is completed and moulded.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sans husby assumes IM an.. responsibility and holiday for on, And .11 damage, lads or injury of my kind
or wore wi maener to reason, in property ward by or malting form to museum argue work provided for in
this purchox Amer car in connection hmwim. The Seller will imkmnif, and hold hvmlea la Pu clown and my
or all of the Pumirom atEcem, .gents and employ. Eons AM aponal any and All claims, losses, dommes,
charges or expeam, whether direct or Ammer, AM whether in Fmom a ptoyeny to which the Pathan may
M put or subject by roson of my act, amino, neglmq m moon or default on as pm of the Sella, any of his
mntmeam, or any of Me Sell. or contractors ofam, agana or employees. In come my suit or other
proceedings strap M brought nwinsI the Purchaser, a its offs., Agents or employees At Any note on Account or
by ... of my Act, action, m,lal, mnimion ar default of the Seller or My or his ca madam ar any of its or
,air .dicers, aµme, or employees as aficia id, the Seller hereby Apes to razor¢ the at. lamof AM an
defend me same At tM Sell. own es".. to pay my aW all csna. swipes, unmreys for and am. expenses.
.y AM all judgments Out may M incnrmd by or cluxu ed'ab`aaw the Pureower or my of as or their odic..
,me. or .,toy. in such snob in other'mraodings, and is caw j idgmem at afer It. b,'Iced upon or
.blamed Wool me p.,My afhe PnrcIma. or mid pares in urns n mum, afinish suits to Our pm..Ad ,,s,
the Seller will at once core¢ fc ame to M dismlvnl and do,carged by giving boM or marwix. The, Sella AM
his contractors shall eke fill safety pronmiuns, famish and i.Lill All gaits necessary far tie prevention of
wcidents, comply win All laws AM regulations with regard to safety iwlisim, at withrut limitation, me
Ommputional Safety ad Health Act of 1970 and WI aides and Motorists issued pmu.rtaratu.
Revixd IDRflll)