HomeMy WebLinkAbout491280 ELSTER SOLUTIONS LLC - PURCHASE ORDER - 9143413PO
PURCHASE ORDER 914341 Number Page
�.117/ of PURCHASE
43413 1 of 2
Flirt Collins( his number must packing
!-\V`I ` V �7 on all invoices, packing
sli s and labels.
Date: 06/17/2014
Vendor: 491280 Ship To: UTILITY SERVICE CENTER - WA
ELSTER SOLUTIONS LLC CITY OF FORT COLLINS
208 S ROGERS LANDE 700 WOOD ST
RALEIGH NC 27610 FORT COLLINS CO 80521
Delivery Date: 06/17/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
electric meter, form 4s, rex 2 24 EA 113.6800 2,728.32
90165522
90165522
METER, ELECTRIC REVENUE, ELECTRONIC, FORM 4S, REX2, SINGLE PHASE,
TA 2.5, CLASS 20, 240V, TRANSFORMER RATED, ZIGBEE RADIO FOR HOME
AREA NETWORK APPLICATION, LEXAN COVER. FOR USE IN SINGLE PHASE
RESIDENTIAL OR COMMERCIAL APPLICATIONS AND ABLE TO COMMUNICATE
WITH ELSTER ENERGY AXIS AMI SYSTEM
ELSTER SOLUTIONS, FC4SRex2Opt1;
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
728.32
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. COMMERCIALDETAIIS.
Tax exemptions. By smmte the Cary of Fort Collins is exempt form state mW Ioval taxes. Our Exemption Number is
98-NS02. Federal Excise Tax Exemption Certificate of Registry 84,600058) is registered with the Collector of
Interval Revenue, Demer, Colorado (Ref. Colorado Revised Summers 1973, Chapter 39-26,114 (a).
Goads Rejected. GOODS REJECTED due to failure to mat specifiation, either when shipped or due to defects of
damage in transit, may be tenoned to you for credit and arc not to be replaced except upon receipt of written
impactions from the City affair Collins.
Inspection. GOODS are subjecuo the City of Fan Collins inspection on arriva).
Final Acceptance. Receipt of the merchandise, services or equlpmmp in response 10 this Order can resah in
authorized payment on the pan of the City of Fort Collins. However, it as to be understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight From. Shipments most be F O.B., City of Fort Collins, 700 Wood St-, Fan Collins, CO 80522, unless
oguerwim specified as this order. If permission is given an prepay freight and charge separately, the original freight
bill most accompany assume. Additional chimes forpxking will not be accepted.
Shipment Distance. Where rnaoufacmrtrs have distributing points in vasien Pans of the country, shipment is
expecmd from the nearest distribution point to dissolution, and excess fight will be deducted from Invoice when
shipments ore made from former cheaper,
Permits. Seller shall procure at sellers sole cost all necessary Hennes, certificates and license on,i ed by all
applicable laws, regulations, ordinances and rules of the state, municipality, lam my m political sudivision where
the work is performed, or required by any other duly ronstimled public summary having jurisdiction over the work
of vendor. Seller fuller agrees to hold the City of ran Collins females, from and against all liabiliy and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, informers, ales
and baluiremcnts
Authorization. All panics to this contact once that the ne,cesmarames are, is fin, bona fide and possess fall and
complete amhoram to bind said warren.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and condition stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and condition pars mal by seller are objected to and hereby rejreted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make ones he a shipment to arrive ma your
promised delivery date as noted. Time is refthe Delivery ad performance most be efW,d within the time
smrd oa the purchase order and me daoumm. touched hr cto. No acts of the Purchasers; including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver argues praision. In me event ofany delay,
the Purchaser shall have, in addition to omen legal pd equitable readies, the option of plaang this order elsewhere
and holding the Seller liable for damage. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such is of God, acts of civil or military authorities, uno mmend pwrnco. fires, snakes. Rood, epidemics, wars or
riots provided ghat notice of me conditions causing such delay is given to the Purchaser 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 as the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, mmeriake and work covered by this order will conform with applicable
drawings, specification, samples and/or other description given, will be fit for the purposes intended, and
Performed with the highest degree of care and temperature in accordance win accepted stadursLs for work of a
similar ware. The Seller agrees to hold me purchaer hvmlers from any lass, damage or expense which me
Purchaser may suffer or incur on account of me Sellers breach of are rdary. The Seller shall replace, repairer make
good, without ever m the purchaser, any defects Or faults mining within one (1) your or within such longer Pend of
time as may be prescribed by law m by the terms of any applicable warany pervaded by no Seller after the date of
acceptance of the goods Immodest hereunder Intemperance not to her unmentionably delayed), resulting form imperfat
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall mat
mostimte a waiver ofany doom under this warranty. Except as otherwise provided in this pumhase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of for foregoing warrants
or gmrantas, but such liability 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 Purchaser may make changes to legal terms by written change order
S. CHANGES IN COMMERCLW TERMS.
The Purchaser
may make any changes m the terms, other than legal terms, including additions to or deletions from
the gmmlitirsmginally ordered in the specifemiom or drawings, by veAal or written change one, If any such
change aRecm the ..net due m fire time of performance hereunder, an equitable djastment shall he made.
6. TERMINATIONS.
The Pumhaver may a1 any rime by written change over, mrminam this agreement as to any or all woman of me
gook then not shipped, subject b any ryuikable dmornem hctwcen rie parties as to any work or mmeriao then in
porgmss provided that the Pro baper shall not Is, liable fur any claims for armaparml .to. on the uncompleted
portion of fe goods and/or work, for incidental or coommential damage, and chat no such adjustment be, made in
favor of me Seller with respect to any goads which me he Sellers standan stock. No such mrminatirm shall believe
the Purchaser or the Seller ofany of their obligations as to any gods delivered hereunder.
t. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the dam the change or termination is
dered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in rant
compliance with all applicable laws and regulations or which me goods are mbjou. The Seller shall execute end
deliver such documents as may be balanced to effect or evidence compliance. All laws and regulations requited to be
morpommd in agreements of this character are hereby incorporated herein by this reference. The Seller agree to
ide ramify and hold the Purchaser harmless from ell canB and damages surfaced by me Purchaser as o bank of do
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, tranfe, m convey this under, or my monies due or to become due hereunder without the
prior waiven consent ofthe other parry.
10. TITLE.
The Seller warrants full, clear ad intermitted title to the Purchaser for all equipments materials, and forms furnished
in perfomranre of this agreemmL free and clear of any and all liens, restriction, reservations, security Janet
encumbrances and claims of ohem,
ILNONWAIVER.
Failure of the Pur lexcer to insist upon strict performance of the man and mditiom pert failure or delay to
any rights or remedies provided himin an by law, failure to promptly ratify the Seller in me event of a
breach, no wamptam of or paymrnr for goodas hereedm or aSm-d of the design, shall not release the Seller of
any of the warranties or obligations of his purchase order, and shall act Is, lamed a waiver of my right of the
purchaser to insist upon inner performance hereof or any of its fights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default bercunder, nor shall any purported
real modification or rescission of this purchase order by the Pomerania is npepam as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF AN'111 RUSICLAIMS.
Seller and the Purchaser recognise that in actual e m practice, o e¢ge hars month, from acton is
violation are in fact home by the Purchaser. Thrombin, for good cause and as consideration for executing fix
purchase order, me Seller hereby assigns 10 the Purchaser any and all claims it may now have or hereafter
acquiml under federal or state antitrust laws for such overcharges relating 1p the particular goads or services
purchased or acquired by the Purchaser pursuant m this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct tmnmnformum or defective goods by a date to be agreed upon by the
Purchaser and gue Seller, and the Seller thereafter, indications am inability or unwillingness 1b comply, the Purchaser
may ca. the work 1a be performed by the most expeditious mean available to it, and the Seller shall Pay all
cnu assacfmed with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the perfnummee of such work.
This release shall apply even in the event of fault of negligence of the any released and shall extend to the
directors, officers and employees ofsuch party,
The Sellefs contractual obligation, including womany. shall not be deemed to be reduced, in any way, because
such work is performed or roused to be performed by the Pureleem.
14, PATENTS.
Whenever the Seller is imperil to sex any design, device, mammal or process covered by letter, paten, trademark
or copyright the Seller shall indemnify ad save Found m the Purchaser from any find all claims (m inffingrower
by a of the use of such parented design, device, material ar process in connection with the conprown, and
shall indemnify the purchaser for my rust, tM ene or dmnage which it may be obliged to Pay by reason ofsuch
inGngeme rt many time during the Impartation or after the completion of the work. In case said equipmm, or
any pan mentor of the forded use of the goods, is in such suit held an comfort infringement ad the use of
said equipmml or For is mjairud, the Seller shall, at its own expense all at its option, either procure for the
Purchaser me fight to continue using said equipment or pans, replace the same with substantially equal but
mainfdpging informant, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of credimrs, appoint a
receiver or trustee for any of the Sellers pmpeny or business, this order may forthwith be canceled by me
Purchaser without liability.
I& GOVERNING LAW.
The define iam arm— used or the imerprermion of me agreement and the right of all panics hereunder shall be
conwed under and gavemed by the laws of the State of Colorado, USA.
The following Addiuoml Condition apply only in causes where the Seller is to perform work hereunder,
including the services of Sellers Repmsenutivehak on the premiss o(dmrs.
12. SELLERS RESPONSIBILITY.
The Seller shall carry an said work at Sell&, own risk until the same u rally completed and accepted, ad shall,
in case of any accident destruction or injury an me work and/or aaoenals before Sellefs fired completion and
acceptance, complem far work at Sellee, own expense and to me satisunion of the Purchase, When alarmists
and egdpmens fire famished by others for installation or erection by me Seller. the Seller shall receive. unload.
some and handle same at she site and become responsible therefor as though such mmeriah and., equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the paymem of workers compensation, including occupational
disease benefits, 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 me state in which the work is to be done. The Seller
shall also carry, comprehensive general liability including, but not limited to, compositor and automobile public
liability inmonewC with badiry injury and lamb limits of at least S30opW for any one person, 5500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
cormarom, if any, to provide for such compensation and insurance. Hefore arty of thc Sellers or his exmanors
employees slell do any work upon the premiss of others, the Seller shall fa mish the Purchaser wish a cerefnmm
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify me date when such compensation
end insurance expires. The Seller agrees that such compensation and insurance shall be maintained until other the
entire work is completed and stapled.
19. PROTECTION AGAINST ACCIDENTS AND DAhrAGES.
The Seller hereby msumes the entire responsibility and liability for any and all damage, loss or injury of my kind
r nature whatsoever to persons or property caused by or resulting from the execution offer work provided for in
this purchase oMer of in connection hcrewif.'I he Seller will indemnify and hold hatmless the Purchaser and any
r all of the Purchasers officers, agents and employees form and against any and all claims, losses, damage,
charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may
be put or subject by reason of any act, action, neglec, omission or default on the pan of me Seller, my of his
comments, or any of the Sellers or containers officers, agents or employees. In case any suit or other
proceedings shall M brought against the Purchaser, or its oR rces, agents or employees at any time on account Or
by reason of any act action, neglect, omission or default of lose Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defied me same al me Sellers own expense, to Pay any and all cones, charges, mlomrys fees ad brier expenses,
any ad all judgmma Out may be incurrd by or chained against the Purchaser or any of as or thew effects,
agents or employees in such suits or other praedings, urld in case judgment an other lien be placed upon or
obuined against me papery of the Purchaser, or said parries in or as a result ofnuch suits or othm proceedings,
the Seller will m once conic the same an he dissolved and discharged by giving bod or otherwise. The Seller and
his cnntmnars shall take all safety precaution, furnish and install all guards necessary for the Prevention of
incidents, comply with all laws and tegulatlors with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulation issued Familiar marine.
Revised 03/2010