HomeMy WebLinkAbout520431 SCHEIDT & BACHMANN USA INC - PURCHASE ORDER - 9132810PO Number Page
PURCHASE
PURCHASE ORDER
C117/ of
9132810 1 of z
913281
Collins
ins
This number must appear
` V ` 1 1�7
on all invoices, packing
' `t
sli s and labels.
Date: 05/30/2014
Vendor: 520431
Ship To: ENGINEERING DEPT-MASON
SCHEIDT & BACHMANN USA
INC CITY OF FORT COLLINS
31 NORTH AVE
ENGINEERING DEPT-MASON
BURLINGTON MA 01803
281 N. COLLEGE AVE
FORT COLLINS CO 80524
Delivery Date: 05/30/2013 Buver: ED BONNETTE
Note: PER CONTRACT WITH SCHEIDT & BACHMANN USA FOR 7472 MAX BRT TICKET
VENDING MACHINES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
7 ADDENDUM TO PO #9132810
Change Order #2
(Req 47393)
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@fogov.00m
1 LOT EA
221,704.00
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
L COMMERCIAL DETAILS.
Tax exemptionfly statute the City of Fort Collins is exempt from site and local taxes. Our Exemption Number is
98414502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with toe Collector of
Internal Revenue, Denver, Colo.& (Ref. Colorado Revised Samuel 1973, Chapter 39-26, 114 (d.
Goods Rejected. GOODS REJECTED due to failure m ram spmificaoom, either when shipped or due to domess of
damage in transit, may be retuned to you for credit and arc not to he replaced except upon receipt of wrinrn
instructions farm the City of Fun Collins.
Inspection. GOODS are subject to the City Of Fort Collin inspection on arival.
Final Acceptance. Receipt of the me¢handiss, services or equipment in expense to this order can result in
authoring payment o, the part of the City of Few Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable respond imptttion procedures.
Freighl Tears. Shipments nmst be F.O.B., City Of Fun Collins, 700 Wood Sri Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill must accomoanv invoice. Additional chances for packing will not be aceen,N.
Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is
expected bum the neamt distribmion Point to devolution, and excess freight will he deducted five. lowdo, when
shipments arc made from porter distance.
Permits. Seller xhall procure nl whom sole cost all necessary Femurs, martens, and licenses required by all
applicable laws, regulations, whoa ices and holes of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority haviagjuriviiction over the work
of vendor. Sella fuller, agrees Po hold the City of Fort Collin hmmlcss from and against all liability and loss
incurred by them by reason of an warned or establhhed violation Of any such laws, regulations, ordinances, ales
and "wremal.
Authorizmion, All parties to this contract agree that the representatives arc, in face, buns fide and possess full and
complete authority m bind said parties.
LIMITATION OP TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
Farm set forth all any supplementary or additional terms and conditions annexed hereto Or incorporated herein by
reference. Any additional or dlfferatl terns and camdPiOn Oropmad by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery Ante as noted.'I in r is of the essence. Delivery and performance most be effected within the time
stated on the purehau order and the documents attached hereto. NO acts of the Purcluel including, without
limitation, acceptance of Faniai late deliveries, shall operate n a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable mnMies, the option of placing this order elsewhere
and holding the Seller liable for decomi However, the Seller shall viol he liable for damages n a molt of delays
due to causes not mamnably foreseeable which am beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcivll or military authorities, gm'emmenfal priorities, fires, strikes, Hood, epidemics, wars or
rings provided Plat nodes of the wnditions musing such delay is given to the Anchor, will in rive (5) days Of the
time when the Seller first received knowledge thereat. In the event of any such delay, the date of delivery shall be
extended for the pmad equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants flat sll Good, articles, materials and work rovered by this order will conform with applimble
drawings, specifications, wimples -Wor Other description given, will be fit for the purposes intended, and
performed with the highest degree Of care and competence in accordance with accepted smndmds for work of a
'mils, ...is The Seller agrees to hold the moduser harmless from any loss, damage ,, expense which the
Pardoner may suffer or incur on account Of de Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost 1p de purchaser, my defects or faults raising within one (1) year or within such longer period of
time as may be, prescribed by law or by the terms Of my applicable warranty provided by de Seller after de date of
acceptance of the goads famished hereunder (acceptance not to b, unreasonably decoyed), resulting farm imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver Of any claim under this warranty. Except as otherwise provided in this purchase order, d, Sellers
liability hereunder shell extend hs all damages proximately caused by the breach of any of the foregoing warranties
Or guarantees, but such liability shall in no even, 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 Purehava may make changes to legal eon by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the teens, .,he, than legal Penns, including additions to or deletions &pin
the quantities originally ordered in the specification or drawings, by verbal or written change order. If any such
charge affects the amount due or the time ofperformance hereunder, an soporific adjusPmrnl shall he made.
6. TERMINATIONS.
The Pumbase may at any time by xaften change order, Pennind. this agtcemem as m any orall Four— of the
d goothen no, shipped, subject to any equitable o1jectmrnt between the punksus to any work a, whands den in
progress provided that the Purchaser shall not be liable for any claims for anticipated prods on the uncompletN
portion of the good rain work. Or imddenal me consequential damages, and that no such adjustment be made in
favor Of the Seller with respect to my good which are de Sellers wandan] stock. No such mrmiretion shall relieve
the Purchner or de Sella ofany of their obligation as to any goods delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be nsened within thirty (30) days farm the date the change or amenation is
Ordered.
S. COMPLIANCE WITH LAW,
The Sella warrants that all gook cold hereanda shall have been produced, sold, delivered and fumished in spiel
ompliatnc with all applicable laws ail regulation to which the goods we subject The Seller shall execute and
deliver such documents n may he required to effect or evidence compliance. All laws and regulations ramical b he
inclinational in agreemmis of this character am hereby uncertainties] herein by this reamnce. The Sella agrees to
indemnify and hold de Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall wage, transfer, or convey dis order, or my monies due or to become due hereunder without the
prior weiRen .at of the other party.
I O. TITLE.
The Seller wmunts full, clear and unmhicted title to the Purchaser for at l equipment, materials, and items famished
in performance of this agreement, free and clew of any and all liens, restrictions, reservations, saunty interest
encumbrances and claims of anters.
11. NON WAIVER.
Failure of the Puahat to insist upon stria performance of the terms and condition hereof, failure or delay to
inounruhm
any riremedies
ghts or es provided herein Or by law, failure to pm rptly notify the Seller in the event of a
bmch, de acrepporm of -payment for goods hereunder or approval Odle design, shall nor ml. the Seller of
nay of the waranfes Or obligations of this purchase order and shall not he deemed is waiver of any right of the
purchaser in insist upon inner performance hereof or any of its rights or remedies as to soy such goad, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tents
hereof,
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Pumhaa recognize that in actual economic Fracture, overcharges resulting front antitrust
violation are in fact home by the Purchaser. Thererofne, for gaed cause and as consideration for executing this
purchase order, the Seller hereby assigns t0 the Purchaser any and all claims it may now have or hermRer
acquired under federal or state .antidust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purebasn ditau the Seller to coned mnronforming ce defective good by a date On No agreed upon by the
Puahaser and the Sella, and the Seller dermfter indicalm its inability or unwillingness to comply, the Purchaser
may cause the walk to he performed by the mast expeditious means available to it, and the Seiler shall pay all
torts associated with such work.
'the Seller shall release de Puaban r and its contractors of any tier tram all liability and claims of any mire
resulting from the pe,Co.. of soh work.
This release shall apply cs'en in the event of fault of negligence of the parry mleased and shall extend to the
directors, Officers and employees of such Francs.
T he Seller's narro taal nW.,mliuns, including warranty, shall not be deemed la he reduced, in any way, because
such work is performed or caused to Is, Performed by the Purchaser.
14. PATENTS.
Whenever Ihe Seller is required m use Pay design, revive, material or process covered by levier, paint, nadema,k
cop,,hl, the Sella shall indemnify and save harmless the Purchaser farm my and all claims far inGngement
by crown of the use of such patented design, desim, material or powers in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such
infringement al any time during the prosecution or after the completion of the work. In case said equipment, or
any pan derwf Or the intended we of the good, is in such suit held t0 owelitule milimpement and the use of
mid equipment or pm is enjoined, the Seller shall, at its own expense and at its Option, eider pressure for the
Pulchaserr no tight to continue using said equipment or Jens, replace the came wish whommotly equal but
noninfrirr ing equipment, or modify it so it becomes mninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent Or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or notice for any of the Sellers property or business, this order may forthwith be canceled by the
Nimbuses without liability.
16. GOVERNING LAW.
The definition oftcrns used or Ihe inler,whathen of the agreemenr and the rights ofall parties hereunder shall be
pitied order it govermal by the laws ofthe Stale of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is noPerform work hereunder,
including the services of Sellers Reprewnmtisa,l), on thepremhes Of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry an said work at Sellers own risk unlit the same is fully completed and accep tW, and shall,
in aw of my accident destruction or injury m the work and/or materials bet Seller's final completion and
acceptance, complete the work at Seller's own expense and m the satisfaction of the Purch ria, When mamals
and equipment arc famished by others for imtallmion or erection by the Seller, the Seller shall receive, unload,
store and handle ware at the site and became responsible therefor as though such materiah undo, equipment
were being furnished by the Seller under the order.
I S. INSURANCE.
The Seller shall, in his own expanse, provide for de payment of workers camPonsebon, including occupadoml
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
harbor to their dependents in accordance with de laws of the sure in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury mW death limns of at lent S300dwo for any one person, s500,nW for my
com accident and property damage limit per accident of S400,000. The Seller shall likewue require his
contractors, if any, to provide for such con ancomm n and Insumnce. Before my of d, Sellers or his comr om
mployves shall do any work upon the prourim of odors, the Sella shall Smash the Purchaser, with a veniftcam
that such wmpensmion and insurance have been presided. Such conificarn shall specify line dare what such
compensation and insurance have ban provided. Such cenibwles shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and iosumnce shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes to entire responsibility and liability for my and all damage, loss or injury ofany kind
or nature whatsoever to Person or property caused by or mulling from the execution ofde work provided for in
this pumbase order of in comeclion hcrcwith. The Seller will indemnify and hold harmless the Panhaser and my
cr sll of the Familiar. officers, ,was and employees from and sses, against any and all claims, lodamages,
harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
he put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his
contractors, or any of the Sellers or contrmetors officers, agents or employees. In case any suit or other
proceedings shall be tow In agatn, the purchaser, or its of ical, agents or employees at any time on account or
by rennn of my act, action, neglect, omission or default of the Sella of my of his contractors re my of its in
their officers. agents or employees as aforesaid, the Seller hereby agen to assume the dolase thereof end to
defend de same at the Setters own expe., to pay my sad all costs, cmlges, morn uYs fees and Oder expenses,
Pay and all judgments that may has incurred by or obtained against de Purchaser or any of its or their ORcem,
agents Or employees in such suits or Other prooeedinga, and in case judgment or other lien be placed upon or
obtained against the property of the Puahawq or said panics in or as a result of such veils or other proceedings,
de Sella will at once couse de came m be, dissolved and ducharged by giving bond or otherwise. The Seller mall
his contractors shall lake all mRly precaution, Swedish and in all all guard eta., fur Ihe prevention of
accidents, comply with all laws and regulmion wig regain] in safety including, be, without limiaton, the
Occupational Safety and Heald Act of 1970 and all ales and mplauom issued pursuit thereto.
Revised 03R010