HomeMy WebLinkAbout473776 GALE E WHITMAN - PURCHASE ORDER - 9143849PO
PURCHASE ORDER 914384er Page
C117/ of PURCHASE
9143849 1 of z
`t Collins
_ This number must appear
` ` on all invoices, packing
sli s and labels.
Date: 07/09/2014
Vendor: 473776
GALE E WHITMAN
311 E PLUM ST
FORT COLLINS CO 80524-3328
Ship To: LINCOLN CENTER
CITY OF FORT COLLINS
417 W MAGNOLIA
FORT COLLINS CO 80521
Delivery Date: 07/0812014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i APP Transformer Cabinet 2014 1 LOT LS 1,800.00
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
L COMMERCIN.DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-0i502. Federal Excise Tax Exemption Cmifica a of Registry 8#600058] is registered with he Collector of
Internal Revenue, Dem'er. Colorado (Ref. Colorado Raised Scrums 1973, Charm, 39-26, 114 (a).
Goods Rejecled. GOODS REJECTED due to failure to meet specifications, either when shipped., due to defeas of
damage in transit, may be recurred to you for credit and are not to be replaced except upon receipt of written
irutroctions Gam the City affect Colliru.
Inspection. GOODS art subject o the City effort Call,. impeedian ern grovel.
Final Acceptance, Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment on the pan of the City of Fan Collins. However, it is tobe understood thatFINAL
ACCEPTANCE, is dependent upon completion craft applicable required inspection procedures.
Freight Terms. Shipments mug bar F.O.B., City of Fan Collins, IN Wood St,, Fear Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill mug acommenv invoice. Additional charges for making will at be executed.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expand from Ne nearest d¢uibution point n deglnation, and excess freight will be deducted from Invoice when
shipments arc made from getter distance.
Permits. Seller shall procure at sellers sole cost all necessary pnmis, call and licenses rgvired by all
applicable Inws, reguations, ordinances and rules afthe state, nmnicipaliry, limitary or political subdivision where
the work is perfumed, or required by any alter duty constituted public re lmdty havingpoisdiction over the work
of .rend.,. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass
incurred by them by reason .fan assured or established violation of any such laws, regulations, ordirences, rules
and requircmcns.
AmM1onanier. All point' to this antitrust agree that the represenmGva are, In fret, bony fide and possess fell and
complete authority to bind said parties.
LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the tern and conditions stated
herein set tomb and any supplementary or additional terms and renditions annexed hereto or incorporated herein by
reference. Any additional or different ems and conditions Proposed by seller arc objected to and hereby of ceded.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT' immediately if you comnt make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance mug be eB'ecmd within the lime
sated on the purchase order ring the documents attached hereto. No acts of the Purchasers including, witha ,
limitation, acceptance of pmial late deliveries, shall operate as a waiver of this prevision. In the event of any delay.
the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplacing this oMet elsewhere
and balding the Seller liable far damages. 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 acts of God, acts of civil or military authorities, govemmenml priorities, fires, strikes, Bavl, epidemics, wars or
rios provided that voting of the c.ndhions <aasing such Jday is given to the Purchaser within five (5) days of the
time wM1m the Sailer Gm mreived Anowledge thermf. In the e'en, of any such delay, rite rite of delivery shall be
extmaed roc the period quad m the brae aemal Ir mat qreason mane aaiay.
3. WARRANTY.
The Seller warranty that all goods, auricles, materials end work cowered by this oMer will contemn with applicable
drawings, specifications, samples andor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar rmnre. The Seller agrees to hold the parcbase, harmless from any loss, damage ar ex par which the
Purchaser may suffer or incur on account of the Sellers breach of womnry. The Seller shall replace, repair or make
good, wilhoul cos, fo the purchase, any defeas or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the marts of any applicable warranty provided by the Seller after the data of
acceptance of the goods furnished hereunder (acceptance not m he unreasonably delayed), ,nulling from imperfect
or defective work done or nuterias furnished by the Seller. Acceptance or use of good by the Purchaser shall not
ansulimm a waiver of any claim under this wamanry. Except as otherwise provided in this purtM1au rather, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warmnria
or guarantees, but such liability shall in no event include loss ofpmfrts or loss of u t, 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 random change order.
5. CHANGES IN COMMERCIAL TERMS.
The Pnmbaw, may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered is the varairsmims or drawings, by —del or n change coder. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrinen change order, mminae Nis ."goon m as on any or all boyars of the
goods then net shipped, subject to any equitable adjustment between the panics a to any work or materials then in
progress pmvided that he Purchaser shall not be liable for any claims for anticipated Fear, on the uncmnplcted
Portion crime goods aupar work, for incidental or consequential damages, and that an such adjusment be made in
favor of the Seiler with respect to any goods which are the Sellers gandad stock. No such termination shall relieve
the Purchaser or the Seller of my ofthad obligations as to any goods delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
Any claim f , adjustment must be asscnd wilhi. thirty (30) days from the data the change or mammalian is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamns that all goods sold remainder shall have ban produced, sold, delivered and famished in stricl
compliance with all applicable laws and regulations in which the good are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations requital to be
nre,cramd in agreements of this character am hereby necromantic! herein by this reference. The Seller agrees to
Indemnify and hold the Purchaser handless from all cods and damages suffered by the Purchaser as a result elite
Sellers failure in comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior wrinen consent of the other party.
10. TITLE.
The Seller warrens PER. clear and urueaviaed title n the Purchser for all equipment, material, and items furnished
in performance of this agreement, free and clear of any and all liars, regulations, reservations, security interest
encumbrances and claims ofothers.
ILNONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
execrim any rights or rmediea provided burin or by law, failure to promptly notify the Sailer in the event of a
branch the acceptance of or payment forgoods hereunder or approval ofi edesign, shall at release Ne 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 social performance hereof or any of its rights or remedies as many such goads, regardless
of when shipped, received or accepted, as n any prior or sobwqurnt default hereunder, nor, shall any pmponed
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any order from;
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations are in fact Some by the Puahamr. Theremfore for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
refining] under fadmal or state antitrust laws for such overehages refining to Re Particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a data to be agreed upon by the
purchaser and the Seller, and the Seller thereafter indicates its imbiliry or unwillingness a comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs reinstated with such work.
The Seller shall release the Purchaser and its contractors of any fair from all liabiliry and claims of any nature
resulting from the performance of such work.
This release shall apply even in the evem of fault of negligence of the party released and shall extend n the
directors, afiicm and employees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purcluser.
14. PATENTS.
Whenever the Seller is required n use any design, device, maerial ar process covered by lemer. Failed, mademad,
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGmgement
by reason of the use of such patented design, device, nmterial or poorness in connection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay, by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any Pon thereof o, the emerged use of the goads, is in such snit held to remaining infn'ngemem aad the we of
said quipmem or pan is enjoined, the Seller shall, at its own cal. and et its option, aide, procure for the
Purchaser the right ne continue using said equipment or pans, replace the more with substantially equal but
noninfringing equipment, or modify it se, it becomes noninGtnging.
15. INSOLVENCY.
If the Seller shall became insolvent or baNmpt, make an assignment for the benefit of creditors, appoint a
or trustee for any of the Sellers property or business, this ader may forthwith be canceled by the
Purchoser without liability.
16. GOVERNING LAW.
The definitions of terns used or the interpretation of the specmem and the rights of all panics hereunder shall be
conswed under and governed by the laws ofhe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the senices of Sellers R oymmearne(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work an Seller's own risk until the same is fully completed aml accepted, aad shall,
in as of any accident, destruction or injury he the work employ maerials befort Sellers fieml completion aM
acceptance, complete the work at Sellers own expense and to the smisfaction of the Purchaser. When materials
and equipment are furnished by fibers for installation or erection by the Seller, the Seller shall rtcelve, unload,
store and handle same at the site and become respersible therefor as though such materials and/or equipment
were being furnished by the Seller under the oMer.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compewume, including occupational
disease benefis, to is employees employed no or in connection with the work covered by this pumhase order,
super to their dependents in accordance with the laws of the state in which the work is as be done. The Seller
shall Is. arty comprehensive funeral liability including, but not limited to, contrecmal and automobile public
liability insurance with MWily injury and dean, limits .far least $1...... din any one person. 55...... fur any
one accident and pmpemy damage limit per accident of S4 OOT The Seller shall likewise require his
commajoes. if any, to provde for such compensation curd insurance Before any of the Sellm or his contractors
employees sM1sll do any work upon the precious ofothers, the Seller shall formal, the Purchaser with a cenifcite
thet such compemmlon and insurance have been provided. Such reentrances dull specify the date whom such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and anymance expires.1Le Seller agrees 'hat such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume, the entire resWnsibiliry and liability for any and all damage, less or injury of any kind
or tnalum commit at to persons 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
s and any
r all of the Purchasrs ars anm eofficers, agd employees fcuand against any and all claims, lieses,damage,
charges or expenses, whether direct or inducer, and whether to Persons or property an which the Purchaser may
be put or subject by reason of my act, action, oxides, omission or default on the part of the Seller, any or his
comments, or any of the Sellers or contractors officers, agens or mployees. In cam any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any it. action, neglect, omission or default of the 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
defend the same i t the Sellers own expense, to pay any and all cosy, charges, anomeys fees and other expenses,
troy and rill judgments Wl may be incurred by or obtained again the Purchaser or any of its or thew officers.
spears or employees in such suits or other proceeding, and in case judgment or other lien be placed upon or
obtained agairm the pnpaty of the Purchaser, or said ponies in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving beed or ether ose. The Seller and
his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of
accident comply with all laws and regulations with regard Is safety including, but without limitation, the
Occupmional Safety and Health Aa of 1970 and all islet red regulmares issued pursuant thereof
Revised 03R010