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HomeMy WebLinkAbout118990 KNOX COMPANY THE - PURCHASE ORDER - 9142944Fort Collins Date: 05/23/2014 Vendor: 118990 KNOX COMPANY, THE 1601 W DEER VALLEY RD PHOENIX AZ 85027 PURCHASE ORDER PO Number Page 9142944 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 05/23/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3200 Knox Boxes 1 LOT LS 6,840.75 Quote SOT0000040008-1 Total $6.840.75 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WATVER. 98-M502. Federal Exe6e Tax Exemption Certificate of Registry tl LUX10589 is registered with the Collecmr of Failure of the Purchaser to insist upon strict performance of the teats and conditions hereof, failure or delay to lnmmal Revenue, Denver, Colorado (Ref. Colored. Revised Statma 1973, Chapter 39-26. 114 (a), exercise 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 hereunder or approval ofthe design, shall not release the Seller of Gaols Repeated. GOODS REJECTED due to failure to meet sacci fcatioa, tither when shipped or due 10 defects of any of the warranties or obligations of this purchase order and shall no be deemed a waiver of any right of the damage in aboul, may he resumed to you for credit ad are not to be replaced except upon receipt of written purchaser. insist upon strict performance hermfor any of its rights or remedies a to any such goods, regardless connections fmm the City of Fort Collins. of when shipped, received of accepted, w to any prior or subsequent default hereunder nor shall any puryoned oral modification or rescission of this purchase order by the Purchase operate as a waiver of any of be hams, Impaction, GOODS are subject to the City of Fort Collins inspection on ended. hereof. Final Acceptance. Romipr of the merchandise, amines or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autlmriud payment oa the pan of the City of Fan Collins. lloxcva, it is to be underground that FINAL Sella and the Purchaser recognize that in actual economic practice, overcbwn, resulting from antitrust ACCEPTANCE is dependent upon complation of all applicable equired inspection procedures, violations are in fact berme by the Pumform, Theretofore, for good cause and as consideration for exmutinS this purchase aide,, Ne Sella hereby assigner no the Purchaser any mad all claims it may now, have of another Freight Tents. Shipments must be, KO.B. City of Fan Collins, 700 Wood St., Fan Collins, CO 80522. unless acquired under federal or state antinu9 laws for such overcharges mlating to the particular goods or scraca otherwise specified on this under. If permission is given to prepay freight ink charge separately, the origins] freight purchased or acquired by the puchaser pursuant to this pmchwe order. bill most azcomoanv invoice. Additional charuas for cougar, will not be samoted. Shipment Distance. there manu0ctumrs have distributing paints in manots pans of the munuy, shipment is expected fmm the mares, burtbutian point to dectinc m, and excess fight will be dcdusbi from Invoice when shipments are nude farm greater distance. Permits. Sella shall procure at sellers sole cost all waessary Perot,, arnifeate, ad licenses required by all applicable laws, regulations, maimaza and tales of the state, mwicipoliry, territory or political subdivision where the work is Performed, or required by any order duly conuituted public authority hevingju indiction over the work of vendor. Seller further agues to hold the City of Fan Collins harmless fmm ad against all liability and loss incurred by them by reason of an assured or established violation of any such laws, mmilations, ordinances, mles and requirements. Authorieation. All panic to this coupon agree that the representatives are, in fact, bona fide and possess full ad complete authority to bind said pander. LIMITATION OF TERMS. This Purthaw Order expressly limits acceptance to the gems and conditions stated herein set fort and any supplementary or additional terns and conditions annexed bean or oraryoated herein by mference. Any additional or different perms aad conditions pimpased by seller are objected m and hereby rejeded. 2. DELIVERY. PLEASE ADVISE PURCHASING AGHNIimmdimely ify'ou cannot make complete shipment to naive on your promised delivery date as noted Time is of the essenec. Delivery and perfommnce must be effected within be time stand on the parches.,¢ order and the docnmenu attached hereto. No arks of the Purclnsces including, without hummum. acceptance ofpadial lam deliveries, shall operate as a waiver critics provision. In the event ofany delay, be Purchaser shall base, in addition to otber legal and equitable remedies, the opfimt affirming this order elsewhere and holding be Seller liable for damages However, the Seller shall ,at be liable far damages as a malt of delays due to causes not reawnably foreseeable which are beyond its reasonable central and without its fault of negligence, such as of God, as of civil or military awharines, governmental priorities, fires, strikes Tod, epidemics, wars or riots provided that notice of die conditions causing such delay is given to the Purcliwa within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the rime actually lost by prawn of be dehry. d. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confom with applicable drawings, specifications, samples and/or other deccriplars given, will be fit fur the purposes intended, and perfumed with the highest degree of care and compaence in .accordance with accepted standard for work of similar nature. The Seller agrees to hold the purchaser hamiless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnry. The Seller shall replace, repair or nuke good, without cast of the purchaser, any defwts or faults among within one (1) year or within such longer period of time as may be pmcribd by law or by the terms ofany applicable wammy provided by the Seller once the dine of acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work dune or materials famished by the Seller. Acceptance or use of goad by the Purchaser shall no, onstoode a waiver of any claim under this warranty. Except or otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liabil try shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Pwvhasa may make changes to legal tams by weapon change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes to the rams, other thin legal semis, including additions to or deletiam from be speactateel Originally ordered in the spedi licaeiom or drawings, by verbal or written change order If any such change affects the amount due or the time ofperfo m ce hereunder, an cquimble adjusMrnuhall he made. 6. TERMINATIONS. The Purchaser may an any time by written change order, terminate this agreement as to any m all promms of de, good be. not shipped, subject 1n any equitable adjustment bnxeen the patties as to any work or materials then in Progreso provided that the Foreknow shall tat be liable for any claims for anticipated profits on flow pmmmpldd portion of the good oration work, for incidental or comaluentul damages, and that no such adjustment be nude in favor were Seller with respect to any good which we the Sellers gaining stack. No such remtination shall relieve the Purchaser or the Sella ofany oftheir obligations as to any goods delivered heomaler. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be ameded within thirty (30) days from Ure date be change or termination is ordered. R COMPLIANCE WITH LAW. The Seller commands but all good field hereunder shall have been produced, sold, delivered and famished in staid compliance wiN all applicable laws and regulations m which be good am subjm. The Seller shall exeeom and deliver such documents as may be terminal to effect or evidence compliance. All laws and regulations ermined to be numpomted in agreements of this character arc hereby incoryofatd herein by this reference. The Sella agrees 10 indemnify sand hold the Purchases harmless farm all costs and damages suffered] by the Purchase as a maul, of be Sellers failure an comply will such law. 9.ASSIGNMENT. Neither party shall assign, monsfa, or convey Nis order, or any monies due or to become due hereunder without he prior x'ridrn consent office be, pony. 10. TITLE. The Sella warnings full, clew and unrestricted title to the PureM1aser for all equipment namnals, and hems famished in pabscromance of this agreement, free and clew of any and all lime, eamreservations, sations, secunry interest encumbrances and claims of orders. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. IfNe Purchaser directs be Seller to coma nonconforming or defective goods by a date to he agreed upon by the Purchaser and be, Seller, and the Sella theoafer indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious comes available as it, and the Sella shall pay all costs azsocimed with such weak. The Sella shall release be Pu¢hasa cad is exrntanors of any tier farm all liability mad claims of any mmrc faulting from the parrifir manre of such wart. This releue shall apply even in the Brent of fault of negligence of be party a leased ad shall extend to the direcbrs, olfem and employees of such ready. The Seller's contactual obligations, including warranty, ,lull not he demur to be reduced, in any way, because such work is perfumed or caused to be performed by be Purchaser. 14. PATENTS. Whenever the Seller is required m use any design, device, material or process covered by letter, potent trademark or copyright, the Seller shall indemnify and save harmless the Purchase, form any and all claims for infringement by reason of the use of such Formed design, device, material or process in connection with the contract, and shall indemnify the Purchase for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the persecution or after 0e completion of the work. In case said equipment, or any pan thereof or the intended ase of de, goads, is in such suit held to constiae monogamic, and the use of said equipment or part is enjoined, the Sella shall, at its own expense and at its option citha procure fur the Pumhma the right to cominue using said equipment or parts, replace the same with substantially cgwl but —infringing component, or modify it are it becomes noninfnnging. 15ANSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a or msfee for any of the Seller ...pony or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used a, be max,mmriun of the agreement and the rights of all parties hereunder shall be consumed under and governed by the laws oflhe State of Colorado, USA. Ile fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenative(s), on be premiss ofmhers It. SELLERS RESPONSIBILITY. The Seller shall carry on said wark at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or materials befum Seller's final completion and acceptance, complete be work at Seller's own expense and to the satisfaction of the Purchwn. When materials and quipment are famished by others for installation or erection by the Seller, the Seller shall receive, unlmd, store and handle same at the site and become responsible therefor as though such materials and/or equipment came being fturrig ed by be Sella under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for be payment of workers compensation, including occupational disease benefits, to its employees employed on a in connection with the work covered by this purchase order, ardor an their dependens in accordance with the laws of the state in which be work is to he done. The Seller shall also curry comprehensive general liability including, but not limited of, contmdual odd automobile public liability insurance with bodily injury and death limits of m kas t S300,000 far any one person, 5500,00o for any arm accident and property, damage limit per accident of S400,000. The Sella shall likewise acquire, his tmdors, if any, to provide for such compensation and warrant. t. Before any of Ne Sella or his contractors employees shall do any work main the premises of orders, the Seller shill famish the Pwch'uer with a cedifacum that such c mpenvtim and insurance have been provided Such certificates shall specify the date when such comp fion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees but such compensation viE insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind thwareev wharsoer m persons or or property caused by in raulet., from the execution of the work provided for in is parchow, order or in nomination herewidc The Seller will constantly and hold M1mmlas be P.rtlsase and any or all of be Purchasers oRcers, agents sod employees from anal against any mad all claims, losses, damages, charges m expenses, shadow direct or indirect, add obscure, w persons or popery to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on dre, pad office Sella, any arras mnuacmrs, or my of the Sella or condors officers, agents or employees. In tint any suit or mba proceedings shall be brought against the Purchaser, or its oRcers, agents or employees at my time on account or by mown of any ack azraw neglm, omission or default of Ile, Seller of my of his concessions in any of its or Nair officers, ogees or employees a aforesaid be Sella hereby egos. to wstune the defame commit and to defend the same 91 be Sellers own expeme, m pay any and all ass, o urges, altameys fees and other cxperepok any and all judgments Oat may be inured by or obtained against the Purthwa or any of its or their officers, again or employees or inch sods or other proceedings, and in case judgment or other lien b, placed upon or obtaind against be property of the Powhow, or said podia m or as a at of such sums or other proceedings, Ne Sella will a1 net wuw the, same to be, dissolved and discharged by giving band in otherwise. The Sella and his conmeors shall take all safety pcomm m, famish and coach all guard am., far the prevention of ccidabi comply with all laws and regulations with regard to safety including, but without limimtion, Ns Occupational Safety and Health Act of 1970 end all tales and regulations issued puissant thenew Revised 03R010