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HomeMy WebLinkAbout114432 VERIZON WIRELESS - PURCHASE ORDER - 9142921PO PURCHASE ORDER 9142921 Page C1171 of PURCHASE 42921 t of z `t Collins( his number must appear V " 1 1 on all invoices, packing sli s and labels. Date: 05/22/2014 Vendor: 114432 VERIZON WIRELESS 748 WHALERS WAY BLDG E #100 FORT COLLINS CO 80525 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 05/21/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Ordered Unit Price Extended Price 1 Wireless Charges Invoice 9724078918 1 LOT LS 7,770.12 2 Wireless Charges OEM Invoice 9724078918 1 LOT LS 78.98 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.mm Total $7.849.10 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. COMMERCIALDETAILS. Tax computers. By statute the City of Fort Collins is exempt from state and local noes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registertd with the Collector of Failure of the Purchaser to insist upon said Microwave of the to. and candidates hereof, failare or delay tp Immoral Revenue, Denver, Calomdo (Ref. Colo.& Revised Statutes 1973, Chapter 39-26. 114 (al exercise my rights or comedies provided herein or by law, failure w promptly notify be Seller in the event of a breach, the meeptance of or payment for goods heremda or approval afNe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure w meet spari feature. either whim shipped or due to tickets of any of the wamentis or obligations of this purchase order and shall of be deemed a waiver of my right of the damage in transit, may be resumed to you for credit and are not to be reploed except upon receipt of wrinrn purchaser w insist upon strict pmbmm ww hereofnr any of its rights or remedies as to my such good, eegardlacs instructions from the City of Fart Collins. of when shipped, seceived or accept . as a any poor or micap nt default hereunder, nor shall my purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on anisaL heeeof. Find Acceptanm Receipt of the merchandise. workers or equipment in raspaem to this order can rsulr in 12. ASSIGNMENT OF ANTITRUST CLAIMS. scrubbed payment on the part of she City of Fort Collins. However, it as to be understood that FINAL Seller and the Purchaser mercerize char in moral woommic practice, overchvgn resulting fmm antitrust ACCEPTANCE is dependent upon completion of all applicable "aired irwpertiou procedures. violations art in fact home by the Purchaser. Therewfica, fro good cause and as consideration for executing this purchase order, the Seller hereby assigns w the Pmchrea any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, Too Woad St, Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharge relating to the particular goods or vertices otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight parchased or acquired by she Purchaser pursuant to this purebaac coder. bill must accompany invoice. Additional charges for poking will not he accepted. Shipment Distance. Where manubsureas have distributing points in samors parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary patrons, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is performed, or rrynired by tiny other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Port Collins hamrless from and against all liabdl dry and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, orlimmees, mles and rwrirementa Ablumovii n. All parries to this about area that the representatives are, in fact, form fide and possess full and emblem authoritym bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the moos and conditions amend herein set forth and any supplementary or additional wars and conditions annexed harem or incorporated herein by reference. Any additional or different temp and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your Promised delivery date as noted. Time is of the essence. Delirery and perforem nce must be effected within be time stated 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 ofthis provision. In the event army delay, the Purchaser shall have, in addition to other legal and ryuitable comedies, the option orphaning this order elsewhere and holding the Seller liable far damages. However, the Seller shall cot he liable for damages as a m uh of delays due to causes not r awsibly foreseeable which am beyond its reasonable abowl and without its fault of negligence, such acts of Gad, acts orcivii or miliury othmities, orwromenul pdoo u,, fires, strikes, flood, epidemics, wars or mots provided that notice of the conditions causing such delay a given to the Purchaser within five (5) days of the time when the Seller for received knowledge thereof. In be event of any such delay, be date of delivery shall be extended for the period equal to the time actually lost by rerwn ofthe delay. 3. WARRANTY. The Seller warrants that all good, 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 be highest degree of care and competence in accordance with accepted sundrd for work of a similar nature. The Seller agree to hold the purchaser harmless fmm my loss, damage or expense which the Pubehaur may suffer or incur on account of the Sellers breach of,warranty. arnry. The Seller shall replace, repair or make good, without cost to the purchaser, any deficts or faults arising within one (I) year or within such longer period of time as may be presented by law or by the terms of any applicable warranty provided by the Seller alter the date of acceptance or the goods famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials finished by the Seller. Acceptance or use or goods by the Purchase, shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Seller liabillry hereunder shall extend to all damages proximntcay ceased by the breach of any of the foregoing wammties or guarantees, but such liability shall in no event include loss of profits or less of use. NO IMPLIED WARRANTY OR MERCHANTNJ ILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal at. by vs'dhen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me sema, other Nan legal terms, including additions to or deletions fmm be quaatitin originally ordered in the spailwa cons or drawings, by veAal or written change order. If any such change alTecu the amount due or the time of performam bereunder an exub ble ndjummear shall be made. 6. TERMINATIONS. The Purfaver may at my time by written change Order, wromme this admonam as to any or all pnniom of the good ben ens shipped, subject to any writable adjustment between be parties as to my work m nimbi then in progress provided that the Purchaser dull of be liable for any claims for anticipated profits on be unmmplered Portion of be goods and/or work. for incidental or emoagme til damage, avd that no such adjustment be made in favor of the Seller with respect Ira any goods which Our the Sellers ssandeani snack. No such harmonic. shall believe the Purchaser or be Sella of any aftheir obligations an, to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be som ed within thirty (30) days firm flue date the change or to miration is ordered. 8. COMPLIANCE WITH LAW. The Seller communist that all goads sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goad are subject The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance. All taus and regulations rwuiM to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages sufered by the Purchser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither any shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to be Purchaser for all wuipmem materials, and items famished in performance of this agreement. free and clear of any and all fens, restrictions, reseevatimrs, security interest woumbunces and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller an correct nonconforming or defeclive goals by a dam to be agaed upon by the Purchaser and the Seller, and the Seller thereafter indicates in inability or unwillingness to comply, the Purchaser may cause the work to be performed by me most expeditious means available to is, and the Seller shall pay all costs maccialed with sncb work. The Seller shall release the Purchaser and it, contractors of any tier from all liabillry and claims of any nature remlting from the parametric of such work. 'this release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offices and employees of such party. the Sellers contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused roc be performed by the Punhamr. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmleas the Purchaser from any and all claims for inGngemem by reason of the use of such patmsed design, device, mmemil or process in connection with the contact, and shall indemnify the Peambecor for any cost, expense or damage which it may be obliged to pay by raven of such infringement at any time during the pmsmmla or after be completion of the work. In cave said wuipmmt or my par thereof or the intended use of the goods, ca in such suit held to consumer infringement and the use of said wuipmem or part is enjoined, the Seller shall, at its own exparew and at its option, either procure for the Purchaser the right to continue using said armament or parts, replace the same with substantially wual but oninGnging wuipmmt, or modify it on it becomes rimnGnging. 15. INSOLVENCY. If the Seller shall beoomc towboat or bankrupt make an assignment for the benefit of creditors, appinim a receiver art trustee for ay of be Sellers property or business, this order ray forthwith be cameral by be beh Pumer without liability. in. GOVERNING LAW. The de0ndiom ofternes used or the interpretation of the agreement and be rights of all pain hereunder shall be comaued under and govemed by be laws niche Sure efColomdo, USA. The fallowing Additional Conditions apply only in exces where be Seller is to perform work heewda. including the services of Sellers Repamomeacivas), can me premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and wuipment are famished by others for installation or erection by the Seller, the Seller shall motive, unload, ,rare and handle some at the site and become responsible therefor as though such materials wiper wuipmem were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment oftentimes compensation, including occupational disease benefit, to its employees employed on or in correction with be work covered by this purchase rider, and/or to their dependents in accordance with the laws of the suite in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public fail try insurance with bodily injury and death limits of err lean S3KNJ for any rim peaan, $500,000 for any one accident and property, damage limit per accident of Sand". The Seller shall likewise ewuire his if any, to pmnde for such compewtion and insurance. Befom any crow Sellers or his conrmc ors employees shall der my work upon the premises creation, the Sella shall famish be Purchaser with a certifimte slut such c mpewtion and insurance have been provided. Such certificates ahall specify the darn when such preparation and insurance haae been provided. Such eeefificatn shall specify, the date when such compmsmion and imnowee expimx. The Sella agrees dud such compensation and[ Imarame shall be tvabiard until after the entire work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage. loss or injury ofany kind or wort whotwcver ra peso or propmy roused by or resulting from the ameation of the work provided for in this purchase order or in connection berewiN. The Seller will indemnify and hold harmless the Purchaser and my cr all of the Purchasers aRcen, agars and end mployes from and almost any aell claims. losses, damages, omics or expenses, whether direct or minter, and whether to persons or property to which the Purchaser may m put or subject by frown of any and, action, reglat. omission or default on the part of the Seller, my of his comments, or any of the Sellers or contusion officers, agents or employees. In crew any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their alBcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, arntox, fees and the, expenses, any and all jtdgments that may be inured by or obtained against the Purchaser oe any turns or their offiwN, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, 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 hand or otherwise. The Seller and his contractors shall take all safety precautions, famish and tribal all guard necessary for be prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act or 1970 and all roles and regulations issued pursuant thereto. Revised 03Ro10