HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9142925 (2)Fort Collins
Date: 06/11/2014
Vendor: 496440
XEROX CORPORATION
c/o LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER NY 14644
PURCHASE ORDER
PO Number Page
9142925 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: COMMUNITY DEV & NEIGHBORH
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 05/22/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 Xerox WC7775P Copier
Lease Payments -Planning Svcs.
4 Estimated Print Overage Costs
for above Xerox Copier
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
1 LOT EA
1 LOT EA
3,392.16
3,600.00
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
1. COMMERCIAL DETAILS. Tax exemptions By statute the City of For, Collins is exempt firm stale and local taxes. Our Exemption Number is
II. NONWAIVER.
98414503. Federal Excise Tax Exemption Catificae of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the Is. and th nditom hereof, failure a delay m
Internal Revenue, Denver, Colorado IRK Colorado Revised Summer; 1973, Chapter 39-26, 114 (a),
examine any rights or remedies provided herein or by law, failure to promptly notify the Seller in the cant of a
bracb, the acceptance for paMan far goods hereunder ar approval fthe design, shall via,.1... the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specificftiom, either when shipped or due to defects Of
any of the wmmntia ar obligation of this purchase order and shall not he deemed a waiver of my right of the
damage in transit may be retuned m you for craft and are not to Is, replaced except upon receipt of written
Purchaur to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
instructions from fe City of Fan Collins.
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 my of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on Period.
hereof.
Final Acceptance. Receipt of the merchandise, services, or equipment in restores to this arm can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment m the pan of the City of Fort Collin. However, it u to Ise understood fat FINAL
Seller and the Purchaser moral that in scum) « nut is practice, Overcharges ,ting from intinau
economic
ACCEPTANCE is dependent uponcompletior ofallapplicableaquiad inspection procedures.
violations we in fact home by the Purchaser.Theretofore good came and as consideration for exacting this
purchase order, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter
Freight Tents. Shipments must be F.OE., City of Fort Collins, %lulu Wood St, Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. Dismission is given to prepay freight and charge seriously, the original freight
purchased or acquired by the Purchaur pursuant to this putchau order.
bill must accompany invoice. Additional charges for Puking will rot M accepted.
Shipment Distance. Where manufacturers have distributing Points in nanom, parts of the country, shipment is
expected from the nearest distribution paint m destination, and excess freight will be deducted from Invoice when
shipments am made from greater distance.
Permits. Seller shall procure in sellers sale cost all necessary .its, certificates and licenses maluird by all
applicable laws, regulations, ordinances and rules of $e state, municipality, territory ar political subdivision where
the work is perforated, or required by any other duly coostimted public authority hosing jurisdiction over the work
of card., Sella Ether it m x to hold the City of Fort Collins onnless from rend against ell liability and loss
niciamall by them by reason of as asserted or aoblhhed violation of any such laws, regulation, ordinances, rules
and r goircments.
Authoneation. All parries to this control agree tbar he representatives are, in fact, bona tide and possess Poll and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purebax Order expressly limits .septum to the terra and condition stated
herein set fork and any supplementary or additional terms and conditions annexed hereto or incomene ed herein by
,are., Any additional or diffctcm terns and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your
promised delivery, doe m noted Time is argue commes. Delivery and performance muss be enacted within the time
stated on the purchase order and the documents attached hereto. No aces of the purchasers including, without
limimlion, acceptance affected lam deliveries, shall opeo,a as a waiver of this pmsision. In the evens ofany delay,
the Pumhastr shall have, in addition to other legal and equitable remdies, the option urinating this order elsewhere
and holding the Sella liable for dmagas. However, the Seller said not be liable for damages. a result of delays
due muses nomeasonably foreseeable which are beyond its reasonable control and without its full of negligen s,
such acts of God, acts ofcivil or military authorities, 6uvernmentel proulies, fire, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing each delay is given to the Purchaur within five (5) days of the
time when the Seller Goo received knowledge throat In the event of my such delay, the date of delivery shall be
atendd for fire, period squat nine time actually loan by season offs delay.
3. WARRANTY.
The Seller warrants that all goad, aricles, matenzls and work covered by this order will conform with applicable
drawings, s,wifcations, samples and/or other description given, will be fit for the partner. intended, and
perforated with the highest degree of are and competence in accordance with accepted standard for work of a
Enter mature. The Seller agrees to gold Be pmchasm hamticss from any loss, damage or expense which the
Purchases may sunes of or on account of the Sellers breach of what The Sella shall replace, raper, or make
good, without cost to the purchaser, any defects or faults arising within one (U year or within such longer period of
time n may be presrnb d by law cur by the return of my applicable warranty provided by the Seller after the daa of
acceptm a of he goods fmished hereunder (restructure not to be unreasonably delayed), resulting from imperfect
Or defective wvrk done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not
astimte a waiver of my claim under this warranty. Except as 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 liability shall in fin —car include loss ofpmfts ar loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal temu by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Producer may make any changes to the laws. other fan legal temp, including additions to or deletions from
,be gvanities originally ardwed in me weeifiwtiom or drinvius, by verbal or wnnen Wage rime, If any such
change affects the amount due or the time ofpmformmce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
I'he Purchaser may at any time by written change over, terminate this agreement as m any fir all parr,of the
d subject
goothen not shipped, subjeco any equitable adjustment between the panics res to any work or materials then in
progress provided not the Push r shall not be liable for any claims for anticipated profits an the uncompleted
portion of the goad arbor work, for incidental or consequential damages, and that m such adjustment be made in
favor of the Seller with carrier so any goods which am tee Sellers standard auk_ No such termination shall relieve
the Purchaser or the Sella of my oftheir obligations as to any goads delivered hereunder.
1. CLAIMS FOR ADJUSTMENT'.
Any claim fur odj.mtmt m.I be assured within dirty (30) da, from the doe the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sena warranter fat all goods sold hereunder shalt have been produced, sold, delivered and f isned in shin
coundrame with all applicable Incas and regin. ions to which the goods me subject- The Seller shall execute and
deliver such documents as may be required to effect m evidence compliance. All laws and regulation required to be
incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Porringer orates, from all costs ad damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pray shall assign transfer, or convey this order, or my monies due or to become due hereunder without the
prior writes cement of the other party.
10. TITLE.
The Sella war %full, dear and utvesmicted title f the Fundament for all equipment, materials, and items famished
in peff... of this agreement, fro and clear of any aid ell liens, ratdcdons, reservalios, secunty internal
metmbmues and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Iffe Embracer directs the Sella to erect rmnconfomring or defective goods by a dam to he agreed upon by the
Purchaser and the Sella, and the Seller thereafter indiate, is inability or unwillingness or comply. the Purchaser
may cause the work to be, performed by the most expeditious mean available to it, and the Seller shall pay, all
cos¢ associated with such walk.
The Sella shall release the Purchaur and its romractors of coy tier from all liability and claims ofany nature
resulting from the perfmmance afauch work.
This release shall apply even in the went of fault of negligence of $e party released and shall extend Or the
directors, officers and emPloyres fsuch party.
The Seller's contractual obligations, including wanonly, shall not be deemed to be reduced, in uny way, because
such work is performed ar causal f Ix performed by the Purchaser.
14. PATENT'S.
Monaca the Sella is nyuird to use any design, device, material or prom. covered by later, patent, trademark
or copyright the Seller shall indemnify and sore harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in conneation with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be, obliged to pay by reason ofsuch
infringement al any time during the prosecution a alter the completion of the work. In case said equipment, m
any pan thereof or the intended vie of the good, is in such suit held to comfitute infringement and the use of
said equipment or par is enjoined, the Seller had. at its own expense and at its rights, either pmmere for the
Purchaser the fight to continue using said equipment or pans, replace the same with substantially egnl but
noninfnnging equipment, or modify it so it becomes nerinGrnging.
15. INSOLVENCY.
If the Seller shut] become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a
roceivar or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Peachier wiThom liability.
16. GOVERNING LAW.
The definitions of rams need or the interpretation ofthe agreement and the fights oral[ panics hereunder shall be
construed under and purread by the laws of the State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Sellars Repmunaeivagn, on due premiss Program.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the more is fully completed and accepted, and shall,
in x of my accident destruction or injury to the work amber materials before Seller's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purebasef. When materials
and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload,
store and omlle same at the site anal become responsible therefor s Baugh such maerials No, eq.,Pa.,
were being fumishcd by the Sella under the order.
18. INSURANCE.
The Sells, shall, a his Own expense, provide far the payment of workers comparesaion, including occupational
disease benefit, to its employees employed on or in connection with The work covered by this purchase order,
and/or to their dependents in accordance with the laws of the some in which the work is to be done. The Seller
shall also carry comprehrnsisa general liability including, but tut limited to, automated east automobile public
liability insurance with bodily ,^fury end death limits of err least $300,IX0 for any one person 550w0sw for any
one accident and propeny damage limit per accident of S400,000. The Sella shall likewise require his
if any, m provide for such compensation unit insurance. Define any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
not such compensation and insurance have bran provided. Such cenifica s shall specify the date when such
compensation and incomes have been provided Such certificates shall specify the date when such compensation
and wermance expire. The Seller agrees that such compereution and immune, shall be mamuined until after the
entire work is completed and idah,a.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby mature, the entire responsibility and liability for any and ail damage, loss or injury of my kind
or nature whatsoever to Persons or Property caved by or resoling from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
Wrge or expenses, whether direct a indirect and whether u person or property to which the Purchaur may
W put or subject by reran of my Per, action, neglect, omission or default on the pan of fe Seller, my of has
contracmrs, at my of the Sellers or contractors officers, agent or employees. In eau any sort or other
proceedings shall be brought against the Purchaser, a its officers, agent or employees Ot my time on as,., a
by reason of any tut action, neglect omission or default of the Sella of any of his commcmrs Or any Of its or
their officers, agent or employees s aforesaid, the Seller hereby agrees in assume the defense hermf and to
defend the mine at the Sellers own expense, to pay any and all coma, charges, atmmeys fees and other expenses,
my and all judgment that may h< incurred by car obtained i gainsl the Purchaser or any of its Or Eric onicers,
agena or employees f such miss or office proceedings, and in case judgmenl Or other lien be placed upon m
obtained eggs., the property of the Purchaser, or said ponies or or as a moult of such shies or ofer pmceedioll,
the Sella will at once cause the come f be dissolved and dlscorgd by giving bond m otherwise. The Sella and
his cantruch. shall take all safety precautions, famish and dealt all guard necesary for the prevention of
accident, comply with all laws and regulations with regard to safety including, but without limimlion, the
Occupational Safety and Health Act of 1970 and all mles and regulation issued pursumt thereto.
Revised 03R010