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HomeMy WebLinkAbout263160 PVS TECHNOLOGIES INC - PURCHASE ORDER - 9140488 (2)Fort Collins Date: 06/26/2014 Vendor: 263160 PVS TECHNOLOGIES INC 10900 HARPER AVE DETROIT MI40213 PURCHASE ORDER PO Number Page 9140488 10f2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 06/26/2014 Buyer: PAT JOHNSON Note: This Purchase Order is for the procurement of goods and/or services, as needed during the current calendar year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of such goods and/or services. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Credit line per email from M.Warren 6/26/14 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.com 1 LOT EA 2,598.76 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns 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 96-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1473, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to mart specifications, either when shipped or due m defects of damage in transit may ha retuned to you for credit and are not to be replaced except upon receipt of women inswcdwril Gom the City of Fod Collins. Inspection. GOODS are subject to the City offer: Collins imposition on artical. Final Acceptance. Receipt of the me¢hnndise, servicesor equipment in response m this order can result in authorized payment on the pan of the City of FoCollins, However, it is to be understood that FINAL ACCEPTANCE is dependent union completion of all applicable required impectiun procedures. Freight Trans. Shipments must be F.O.B., City of Fan Collins, 700 Wood St, Fon Collins, CO 80522, miss otherwise spaifcd on this oNer. If permission o given m prepay freight and charge separately, the control freight bill most mcompany invoice. Additional charges fur Parking will nor be sampled. Shipment Distance. Where manufacturers have dierribming points in various Tons of the country, shipment is expected fmm the treated distribution point to dmiimtion, and excess freight will be deducted from Invoice when shipments are made fmm grate, ilk... Permits. Sella shall procure at sellers sole east all necessary permits, certificate and licenses required by all applicable lass, regulation, wi irms. and cola of the some, municipals y. mrimry w political a b bousist where the work is performed, or original by any other duly rarruitua d public cursory, y, havingjgnsdinion over the work of vendor. Sella further agora to hold the City of Fan Collins harmless from and against all liability and loss incurred remain by them by remain of an asserted or established violation of any such laws, regulation, ordinances. rates end requirements. Authonestlon. All Tonics to this contract agree that the representatives are, in fact, servo rde and possess full and complete ..,badly to bind said pm1a. LIMITATION OF TERMS, This Purchase ONer expressly limits mm,finee 1. the It— and candowns stated herein sou !cult and my supplementary or additional Terms and conditions annexed harto or incorporated herein by reference. Any additional or di@ton mmrs and condition proposed by seller arc objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date m noted. Time is of the essence. Delivery and performance must be effected within the time sated an the pumLaw order and the documents enacted hereto. NO as of the Purchasers including, without limitation, acralo we of partial lase deliveries, shall operate as a waiver aphis prevision. In the event of any delay, the Purchaer shall have, in addition to other legal and equitable remedies, the option Of placing this order elsewhere and holding the Seller liable for damages. Ilnwever, 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, etch aids of God, sots of civil or military authorities, governmental priurries, fires, strikes, Bond, epidemics, wars or role provided that notice of the 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 AeWy, the date of delivery shall be extended far the period equal to the time actually lose by reamn of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, nmteriab and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the pmPoses unleaded, and pertommd with the highest degree of care and competence in accordance with nettped standards for work of u 'miler nature. IT, Seller agrem to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on recount of the Sellers breach of warranty. The Seller shall replace, repair or make good, widam cost 1. he purchase,, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law Or by he masts uLmy applicable warranty provided by the Seller after the date of acceptance of the good fmished hereunder (acceptance not m he unreasonably delayed), reaching from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall oat constitute a waiver dany claim under this warranty. Except m otherwise provided in this purchase oMe,, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wartsmies or guarantees, bur such liability shall in nu event include loss of prufla Or loss of tue. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes 10 legal to., by ... ar change oNer. 5. CHANGES IN COMMERCIAL TERMS. The PO,chasa may make any chumps to the hams, Other than legal term+, including s lditinns m or deletions from the quantities originally ordered in the sped lication or drawings, by verbal or souther change order. If any such change affects the amount due or the time of, afommnce hereualeq an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, lamire¢ this agreement as many or all podium of the good then not shipped, subject o any equitable adjustment between the parries as m any work fir materials then in progress provided But the Poachers, shall nor the liable for any claims for amicip fed profits on the uncompleted portion ors, good arWor work, for incidental or snsequential damages, and that no such militiaman he made in favor of the Seller with respect to any goods which are the Sell. standard stock. No such mpmiamion shall relieve th Franchiser or the Seller ofmy of their obligation as m any good delivered hereunder. p. CLAIMS FOR ADJUSTMENT. Any claim for sdjmtmml most be awMed within Body (30) daya from the date Net change or termination is oNered. g. COMPLIANCE WITH LAW. The Sella wamar s that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and mgulabom to which the goods are subject. The Seller shall enemte and deliver such documents m may be required to elfea or evidence compliance. All faux and regulation required to be Incorporated th agreements of this character arc hereby incorpnmmd herein by this reference. The Seller agrees as indemnify and bold the Purchase, hnnless from all yours and daineges si ffeml by the Purchsa as a resin, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, trenfs or convey this order, or any monies due or to become due hereunder without the prior snmen comint athe other parry. 10. TITLE. The Seller warrants full, clear and undstdcmd title to the Purchaser for all equipment, memories, and items famished in performance of this agrtemem, free and cleat of any and all lien, restrictions, resrrvations, security interest encumbrances and claims.folhers. 11. NONWAIVER. Failure of the Pumhmer to insist upon strict performance of the moves and conditions hereof. failure or delay to womisy rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or nppmval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon most performance hereof or any of its rights or remedies n to my such goods, regardless of when shipped, received or accepted, as f any prior or subsequent default hereunder, nor shall my purposed am] modification or rescission of this purchase order by the Purchases operate as a waiver of any of the terms hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Panderer recognize that in normal a o rc practice, ovefcharges resulting fmm antilrnt violation are in fact home by the Purchaser. Theretofore afar good cause and as consideration far exerting this purchase motor, the Seller hereby assign W the Purchaser any and all claims it may now have or hereafter removed under federal a stare antimed lass far such oseuh gas relating 1. the Particular goods an mrvica purshased or acquired by the Purchaser pursuant m this purchase oNer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller in correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates as notably of unwillingness 10 comply, the Purchaser army cause the work 1. ha perforued by the most expedition mean available m it not the Seller still Toy all costs acsocified with such work. The Seller shall release the Purchaser and its sntraaars ofany our fmm all liability and claims of any rmnre resulting form the performance of such work. This release shall apply even in the went of fault of negligence of the parry released and shall exdard to the directors. officers and employees of such lady. The Selleh rontmaual obligation, including warmnry, shall nod be domed 1. be reduced, in any way, baapse such wark is performed or crowd to la, performed by the Producer. 14. PATENTS. Whenever the Sella is maximal to use any design, device, material or process cavered by lane,. polar, trademark capynght, the Seller shall indemnity and save harmless he Purchaser Gom any and all claims far infringement by reason of the are of such patented design, device, material or process in connection with the comma, and shall indemnify flee Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at any finny, during the prosecution or s1ler the completion of Net work. In case said equipment, or any Pan thereof or the intended we of the goods, is in such suit held to mnstards Infdagement and the use of said tyuipmern or pan is enjoined, the Sella shall, err its man expense and at its option, either procure far the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nownfinging. 15. INSOLVENCY. If the Sella shall become inschant or bankrupt, make m msignmat for the benefit of creditors, apisew a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definidiam of terms used or the interpretation of the agreement and the rights of all panics hereunder shall be construed under and governed by the laws of the Stale of Colmea. USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work M1ercunder, including the services.fSellers Representatives), on thepremises of.thors, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own disk until the some is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Seller's pool rompinion and acceptance, complete the work at Sellers own expense and I. the sntuAlauian Of the Purchaser. When materials and equipment are burnished by others for installation or election by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/or sump oat were being banished by the Seller and,, the Doter. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, cruller to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability, including, but not limited to. contractual and automobile public liability insurance wob bodily injury and death limits of at lent 530g000 for any one person, $500,000 for any one accident and property damage limit per, accident of 54WW, The Sella shall likewise require his cantracho, if any, to provide for such compensation and insurance. Before any of the Seller or his commemrs employees shall do any work upon the premises of others, the Seller still famish the Purchases with a certificate thv such mmpema ion and imurence have been provided. Such conifiwhs shall sgwity the due who such compensation and inumnce have been provided Such conifistes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation anal insurance shall be maintained until after fire entire w'e& is completed and compact. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the store responsibility and liability for my and all dmage, loss ar injury ofmy kind or nature wudsoaer to pasom or pmpedy czuscd by or resulting fmm the execution of the work provided for in Nis porhas, order or in connection herewitb. The Sella will ashamedly and hold hatmlces dhe Purchaser and any cr all of dte Purchasers offices, agents and employees good cl m and normal my and all aims, losses, damages, harges or expenses, whether, direct or indirect aM whrth, to person or property to which the Purolator may be put or subject by prawn of any art anion, mglad, omission or default on der pre of the Seller, any of his commnors, or my of the Sellers or connections officers, agents or employees. In case any suit or other proceedings shall be brought again, the Purehawr, or its oRces, agents or employees at any time on account or by reawn of any act moon neglect, omission or default of the Seller of any of his comracmrs or any of its at their officers, agents or employees its situational, the Sella hereby agrees to assume she defense thereof and to defend We mine at the Sellers own expense, to pay any and all Is charges, attorneys fees and oNer expenses, my anal all judgments cast may be, incurred by or obtained against the Purchaser or any of its in their officers, agsts or employees in such suits or other proceedings, and in case judgment or other lien M placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once cause the more m To dissolved and diwhalged by giving bond or otherseive. The Seller and his connuctors shall take all safety procedures, f mish and install all gaud necessary for the prevention of accidents, comply with all laws and regulations with regard m safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursumr thereto. Revised 03PO10