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HomeMy WebLinkAbout524791 LEIGHTRONIX INC - PURCHASE ORDER - 9143181Fort Collins Date: 06/09/2014 Vendor: 524791 LEIGHTRONIX INC 2330 JARCO DR HOLT MI 48842 PURCHASE ORDER PO Number Page 9143181 1of2 This number must appear on all invoices, packing slips and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 06/09/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Demo Incode X 1 System 1 LOT LS ATTN: SARA MASON, LEIGHTRONIX INSIDE SALES SUPERVISOR smason@leightronix.com SARA, PLEASE SHIP THE ATTACHED DEMO EQUIPMENT TO: CITY OF FORT COLLINS CABLE CHANNEL 14 ATTN: CARSON HAMLIN 300 LA PORTE AVENUE (CITY HALL WEST) FORT COLLINS, CO 80521 PLEASE ADVISE ME WHEN CARSON HAS RETURNED THE DEMO EQUIPMENT TO YOU; THEN I CAN CANCEL THIS PO IN OUR SYSTEM ACCORDINGLY. THANKS, ED BONNETTE 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 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 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Coll ins is exempt from state and local mass. Our Exemption Number. is 11. NONWAIVER. 98-04502. Federal Excise Tux Exemption Certificate of Registry 84-f"W89 is registered with the Collector of Failure of the Purchaser to insist upon stricl performance of the terms and conditions hereoL mi lure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtea 1973. Charter 39-26, 114 pd, exercise any rights or remedies provided harem or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goofs hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be decreed a waiver of my right of the damage in Broad, may be occurred to you for credit and are car to be replaced except upon receipt of wrinen purchaser to most upon inner performance hereofor any of its rights or remedies as m my such goods, regaMless ivwmacto from the City offrom Collins. of when shipped, received or accepted, as to any prior Or subsequent di full hereunder, nor shall any preferred and modification or rescission of this rurcbam order by the Parchatt operate as a waiver of any of the terms Inspection GOODS art subjecr m the City of Fort Collies inspection an mrival. bat ];trial Acceptance. Receipt of the merchandise, se or equipment in response to rids order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized pavicam no the parr of the City of Fort Collins. However, M is Ira be undesumd that FINAL Seller and the Purchaser recognize that in .arr d economic practice, overcharges resulting from .seders, ACCEPTANCE is dependent upon completion oral l appl load, required inspection procedures. violations are in fact home by the Purchaser. TheocafrefoeGood ammo and u consideration for executing this purchase order, the Seller hereby av,ro m the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be P ON, City of Pan Collins, 700 Woad Sir Fort Collins, CO 80522, unless acquired under federal or state antitrust Imws for such overcharges Manua, ro the particular goods or services otherwise specified rat this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase ot bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. When manufaclurers have distributing points in uniones pans of the country. shipment is expected from the nearest irradiation Point to destination, and excess freight will be deducted from Invoice when shipments arc it, from greater distance. Permits Serer shall p,,cnre of sellers sole eo.I all ilat,arry, permits, ccdilicalm and licenses requbcd by all applicable laws, regulations, ordinances and talcs of the slate, municipality, Territory or political subdivision where the work is performed, or required by any other duly constituted public authority huvingjmdiction over the work of vendor Seller f nher agrees 1. hold the City of poi Collies hmmless from and against all liability and loss cured by them by mason of an assents or ambushed violation of any such laws, regulations, ordimmea, codes and Magionmena. Authorization. All parries to this contract agree that the representatives are, in fact brim rile and possess full and complete auth.dty In bind said parties. LIMITATION OF TERMS. This Purchase ONer expressly limits reatinnice to the Bme and conditions stated herein set mcm and any repammumry Or addiannall mos and conditions annexed herein or incorporated herein by reference. Any additional or ditherent anus :and conditions proposed by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hyoa cannot make complete shipment t. worse on your promised delivery doe as wled. Time is of the csssce. Delivery and peof.. man be elfecad within the time smrd oa the purchase ardor and the documents moohd hareo. No tau of the Purchasers including, without limitation, acceptance of -partial late deliveries, shall operate as a waiver of that recession. in the event orany delay, the Purobaer shall have, in addition to other legal and rymarble remedies, the .,Iran of placing this order elsewhere and holding the Seller liable for damages Iloweveq robe Seller shall ant be liable for damages as a result of delays due n, woes or neaonably toreseeuble which am beyond it, .,.cable amuml and without its fault of negligence, such an of God, acts of civil to military authorities, governmental priorities, fires, strikes, fated, epidemics, wars or rims provided that notice of the conditions taming such delay is given to the Purchaser within five (5) days of the time when the Seller first r veived knowledge dwemC In the event of any such deny, the dare of delivery shall be mazaded for the period egml a he time acidly loss by rcama of the delay. 3. WARRANTY. The Seller warrants that all goods, ankles, materials and work covered by this under will contracts, with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfammd with the M hart degree of care and oompater c in accordance with accepted standards for walk of a 1edar nature. The Seller agrees to hold the purchaser hamdess from any lass, damage n, expert which the Purchaser may suffer or inanr (in account of the Sellers breach of warranty. I he Seller shall replace, repair or make goad, without cost to the purchaser, any defects or faults rasing within one (1) year or within such longer period of time as may be prescribd by law or by the terms army applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not be mreaoeubly delayed), resulting from imperfect or defective work done or materials fumiched by the Seller. Acceptance at use of goods by the Purchaser shall cat constitute a waiver ofully claim under Otis warranty. Except as otherwise, provided in this purchaw oNer, be Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wartanmia or gumamcee, bra such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILIT Y OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL PERMS. The Purchaser may make changes to legal teems by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other dun legal terns, including addition., to or deletiom from the quarrunies originally ordered in the stancificationax or drawing,, by veNal or vandial dam, order. If any such change aRects the amount due or the time of performance hereunder, an aryitable adjustment shall be made. 6. TERMINATIONS. The Pmehaw, may in any li , by wrinen change order, terminate this agreement asto any o all portions Of the goods then not shipped, object to any equitable adjusment belwes the p:mies as to any work or materials then in progress provided that the Purtusear shall it., be Bahia Ie, any claims for anticipated profits On the u anno,lefed portion ofthe goads maker work, for incidental or consequential damages, and that no such adjustment h made in favor of the Seller with .,act 1. any goods which are the Sellers smndaed stock. No such form emorm shall valiere the Pumbaer or the Seller ofany of their obligations ex to any good delivered hereunder. 4. CLAIMS FOR ADJUSTMENT. Any claim for adju9mem most be asserted within thirty (30) days from the dam the change or termination is ordered. S. COMPLIANCE WD 11 I,A W. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f ncishd in strict compliance with all applicable laws and regulations to which the goods are subjat. The Seller shall execute and deliver such documents as may be ctyuirzi to effect m evidence compliance. All laws and regulations required to be ncorporaad in agreaments of this character see hereby incoRomted herein by this referenre_ The Seller agrees to indemnify and hold the Purchaser connotes, from all costs and damages sufired by the Franchises as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. Imafeq or convey this order, or any monies due or to become due hereunder without the prior wrinen consent ofthe.,be, .My. 10, TITLE. The Seller warrants full, clear and unnestrictsd title to the Purchaser for all equipment materials, and items famished in aniftwourowe of this agreemen, free and clear of any and all tiers, restrictions. rec ervatiom, security, interest encumbrance, and claims of.thers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillmpcss to comply. the PurcM1acr may cause the work to be performed by the most expeditious meats available to it, and the Seller shall pay all cases associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of raw nature resulting from the performance af,.ch work. This release aluII apply even in the event of fault of negligence of the party released and shall asocial to the direclars,.foie. and employees ofNi parry. The Sellers contractual obligations, including warumy, shall not be dttmed m be educed, in any way, because such work is performed or caused tube perfunned by the Purchaser. . 14. PATENTS. Whenever the Seller is required to use any design, device, ms... at Or process covered by letter, patent, immanent, r copyright, the Seller shall indemnify, and save hamdess the Purchaser tram any and all claims for infringement by reason of the me of such Patented design, device, material or process in connection with the confirm, and shall indemnify the Purchaser for any cos, eepeme or damage which it may be obligN to pay by reason of such infringement at any time during the prosecution or after the completion of the wars_ In case said alarmism, or any can thereof or he intended one of she goad, is in such suit held to tonstimle inGaxemem aad the use of said tyuipment or pact is enjoined, the Seller shall, at us own expense and or ins option, either procure for the Purchaser the fight to continue using said equipment Or pans, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes nonmuingmg. 15. INSOLVENCY. If the Seller shall became imoh'enm or bankrupt, make an assignment for the benefit of creditors, appoint a Met or tmatee per any of the Sellers properly or business, this order Macy forthwith be canceled by the Fa¢M1aer without liability. 16. GOVERNING LAW. The definitions arteries used or the inflammation ofthe agreement and the rights afall parties hereunder shall W consumed under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, f including the wavaea i Sellers Repreaenmtive(s), an heses premina fother, IT SELLERS RESPONSIBILITY. The Sella shall cony, oa said work at Sellers own risk until the same is fully completed and accepted, and shall, in ass of any accident destruction or injury to the work and/or materials before Sellers Beal compleion and acceptance, complete the work ter Sellars own expense and ra the satisfaction of the Pmchxam, When mmmals and aquipment arc famished by others for installation Me erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andor equipment were being fhmisM1d by me Seller under the order. 18, IT SURANCE. The Salle, shell, at his own expense, provide far the payment of workers compensation, including Occupational disease benefits, to its employees employed an or in connection with the work covered by this purchase code, ender to their dependens in accoNance with the laws of the state in which the walk is to be done. The Seller shall also carry comprehensive general liability inaluding, but not limited to, comev rml and automobile public liability imumnce with bMily mury and dram limits of m least SJW,WU for my one pnaon, 5500,000 for any one accident and property, damage limit per accident of 5400,000. The Seller shall likewise require his War to provide for such compensation and immune. Before any ofthe Sellers or his contractors employees shall do any work upon the premises crashers, The Seller shall famish the Purchaser with a ceni5cate that such acropeasation and insurance have been provided. Such cmificnms shall specify the duce when such compensation and insurance have been provided. Such amiiraces shall specify the date when ..all compensation and insurance expires. The Seller agrees ile, such compensation and insurance shall be maintained call after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass ante are responsibility and liability for any and all&..,,, loss or injury of any kind r names whdsaever to pttsoer or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, cimrges Or expenses, whedar direct Or indir m, and whether to Persons or pmpeny to which the Purchase may be put or subject by reason of any act, action, neglect, omission tar defmth On the part Of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any evil or other ,reseeding, shall be brought against the Purchaser, he its olEcen, agents or employees at any time on account or by ramento of any act, action, neglect, omission or default of the Seller of arty of his contractors or my of its or their ORcm, 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 costs. charges, auomeys fees and other expenses, any and all judgmenta that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment m other her be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will a1 once cause the same 1. be dissolved and discharged by giving bond or Otherwise. The Seller and his contractors shall take all safety ,raautions, rum sh and i etall all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety includin, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issuer parsuanuhereto, Revised 03R010