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HomeMy WebLinkAbout514019 VOLT MANAGEMENT CORP - PURCHASE ORDER - 9144160Fort Collins Date: 07/23/2014 Vendor: 514019 VOLT MANAGEMENT CORP FILE #53102 LOS ANGELES CA 90074-3102 PURCHASE ORDER PO Number Page 9144160 1of2 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 07/22/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price Volt Temporary Services 1 EA 9,216.0000 9,216.00 4i4 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 Pay terms net 30 days 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collinsolis exempt firm.le and local trams. Our Exemption Number is IL 11 NWAIVER. NOof 98-W502. Distant Excise Tax Exemption Carillons, of Registry M4 6000580 is registered wthe Collector of the Purchases to insist a Wet rtomtaaze of terms and conditions hereof failure or data a upon s pc y Internal Revenue, Conveq Colorado (Ref. Colorado Revised Sumtes 1973, Chapter 39-26, 114 (a). exercise my rights or remedies provided herein or by law, failure to promptly ratify thu Seller in the event of a breach, den attepti ncc ofor payment for goods hereunder ar approval ofthe design, shall not release the Seller of Good Rejected. GOODS REIECTED due a f lure to meet specifications, either whom shipped a due to defeca of any of the warranties or obligations of this purchase order and shall not be dremed a waiver of my right of the damage in tmmit, may be rctumN to you for credit and are not to be replaced except upon receipt of women Purchaser to imist upon strict p nficer me hereof or any of its rights or ranedim as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, mrived or anticipated, as as any prior a subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by tbe Funchal operate as a waiver or my of the terms Inspection. GOODS are subject to the City of Fort Collins impaction rat arrival. hcrcof. Final Acceptance. Receipt of the merchandise, services or equipment in mpome in this color can mail in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Fort Collins. However, it is to be understood Out FINAL Seller and the Purchaser mognim that in actual ¢ is practice, mandataries resulting brainantitrust ACCEPTANCE u dependent upon completion completion of all applicable required inspection procedures, violations ore in fact borne by the Purchaser. Theretoforenfar good cause and as consideration for examing this purchase order, the Sella hereby ensigns to rise Purchaser any and all claims it may now have or hreafter Freight Terms. Shipments mast he F.O.B.. City of Fort Collins 700 Wood St, Fan Collins, CO 80522, unless acquired under fxteal or state antiumt laws f such overcharges relating to the particular good or services othemise specified on this order. If permission is given to prepay f i do and charge sepaamly, the original freight purchased or acquired by the Purchaser pursuanuo this purchase order. bill most accomoanv invoice. Additional shames for mckiee will not be armorial. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted] fmm Invoice when shipments care made from Bremer distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, Mainlines, antrames ad roles of the side, rommusaloy, temmay or political subdivision where the work is perfamrd, or required by any other duly constimted public authority having jurisdiction over the work of vendor. Seller limiter agrees to hold the City of For Collins harmless from and against all liability and It.. incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinancm, rules and requirements. Authorization. All pairs to this contract agree that the representatives are, in Get, bans fide and possess full and complete authority to bind said par ies. LIMITATION OF TERMS. This Purchase Order expressly hands azreprance to the terms and conditions stated herein set feed and any supplementary or additional term and conditions annexed herein or incorporated heroin by referenre. Any additional or different terns and condtlons proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery dine as noted. Tins, is of the essence. Delivery and Immanence mast be coated within the are stated on the purchase order and the dauments attached harem. No acts of the Purchasers including, without limitation, areeptance of venial late deliveries, shalt ocemte as a waiver ofthis provision In the event ofany delay. the Pumhaxr shall have, in addition to other legal and equitable remedies, rise option of placing this order elsewhere and holding the Sella liable for damages. Howrveq the Seller shall not be liable Ira damages as a result of delays due to muses not rrasauably foreseeable which art beyond its reasmuble control and without its fault of negligence, such acts ofOod, eels afrivil or military amhonties, governmental priorities, fires, strikes. flood, epidemic, wars or riots provided then notice of the conditions riming such delay is given to the Porchaur within five (5) days of the time when the Sella first received knowledge thereof. In the nTm of any such delay, the dare of delivery, shall be exteded far the pmod coral to the time atimally lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or order desmpdom given will befit far the purposes intended, and performed with the highest degree of care and competence in accordance with accepted m nd 1, for work of a similar nature. The Sella agrees to hold the purchaser harmless from any bow, damage or expense which the Purchaser nay suffer or incur on account of the Sellers breach of war marry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults mixing within one (1) year or within such longer period of time as may be prescribed by law or by the term of any applicable warranty provided by the Seller after the dam of acceptance of the goods furnished hereunder (eccopance not m be umeasonebly delayed), resulting firm imperfect or defective work done or materials fnni shed by the Seller. Acceptance or me of good by the Purchaser shall not constitute a waiver of any 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 wareaies or guarantees, but such liability shall in no event include loss ofprofite 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 women change order. 5. CHANGES RJ COMMERCIAL TERMS. The Purchaser nary tyke any changes m the moss, other than legal to., including addiriom to or deletions from the quantities originally ordered in the specifications or drdwinp, by verbal or wrim n change order. If any such change affects the amount due or the time of perfntmance Immander, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may It any rime by xainm change older, mmtwate this agreement ss to any or all ponimu of the goods then not shipped, subject a my equitable djubment between the parties as to my work or materials risen in progress pavided Out the purchaser shall rat be bible for any claims for anticipated Profits on the uncompleted Wnion of the goods ad/or work, for incidental a caysequemul damages, and Oar an such adjustment be made in favor of the Sella with aspect to any goods which are rise Sellers standard stock. No such remrineion shall relieve the purchaser or thc Sella ofany ofthcir obligations as to any good delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for dJostment must be asserted within thirty (30) days fmm the date the change at morrirnstion is oolered. 8. COMPLIANCE W ITH LAW. no Seller warrants that all good sold hrmander shall have been pmdacd, sold, delivered and famished in stria compliance with all applicable laws and regufiom to which the good are subject. The Seller shall execute and deliver such documents re may be required to effect or evidmre compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. led Seller agrees to indemnify and hold the Purchaser hmmless from all toss and damages suffered by the Puri as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or musty this order, or any monies due or to become due hereunder without the prior written consent of the other party. IO. TITLE. The Seller warrants full, clear and umesrmcted title a the Furchma for all equipment, marinate, and items furnished in performance of this agreement. free and clear of any and all hens, restrictions, reservations, sauriry interest encumbrances and claims ofothers. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to mrrect noncon6rming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates in inab fey a unwillingness to comply, she Purclacer may cause she work to be peformed by the ..at expeditions ram. available to a. and the Seller shall pay all coeds isomimed with such work. The Seller shall release the Purchaser and its contractors of any tier from AI habit iry and claims of any nature resulling from the ponfarmnnce of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such parry. The Seller's commented obligations, including war inty, shall not be deemed to be reduced, in any way, became such work is performed or caused to be pedbrmd by rise Purchaser. 14. PATENTS. Whenever the Seller is requital m me any design, device, material or process covered by labor, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of rise use of such pareated design, device, material or process in connection with the contract. ad shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmsumtion or after the completion of the work. In erne said equipment, or any Pan thermf or the intended use of the goad, is in such suit held to coal infringement and the use of said equipment or pan is joints, the Sella shall, at its own expense ad at its option, after procure for the Purchaser the right to cominer ruing said equipment a pam, MI. tbe Same with substantially equal but moninfi nging equipment, or modify it w it becomes nomarbanging. 15. INSOLVENCY. If the Seller shall become insolvent or baNmPt. make an assignment for the benefil of creditors, appoint a receiver or buster fur any of the Sellers property, or business, this ceder may foathwilb be canceled by the Purchase wilhaut liability. 16. GOVERNING LAW. no definiriom efremss rued or the interpreution ofthe agreement and the rights of all parties hereunder shell be construed under and governed by the laws of the Sate of Colmado, USA. The following Additional Conditions apply Only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreunrarive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall revise, unload, store and handle same at the site and become responsible d mmr as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. no Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or w connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry, comprehensive gmeml liability including, but Out limited to, continental and automobile public liability interanee with bodily injury and death limits of at lessn S30dOgO for any one Perwn. SSW." for any cit er ac .no accideand property damage limit par of S41p,000. The Sella shall likewise r,.an his contractors. if any, to provide for such compemabo s and insurance. Before any of the Sellers or his andrwvors employers shall des ay work upon the premises of others, the Seller shall famish the Purchaser with a cenifcare that such compensation and ituurance have born provided. Such cenificmes shall specify the date when such ompewtion and insurance have beer provided. Such certificates shall specify the date when such compensation and insurance expires. The Sella agree than such comperexamen and became shall be maintained until after the entire work is con, letW and anceprei 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes elm entire respoosibiliry and holiday for any and all damage, Ioss or injury ofany kind or manure whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in ronnertion herewith. The Sella will indemnify and hold bmmlaw the Purchaser and any or all of rise Purchasers officers, agents and employees from until against any and all chums, losses, damages, charges or expemes, whether direct or madirM, and whether to persona or properly to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his contractors, or my of the Sellers a courrdmars officers, agents or employees. In case any suit or other proceedings shall be bought agalmt the Purchaser, or its officers, agents or employees at any time on account or by mown of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, rise Sella hereby agrees to resume the defense therm( asd to defend the same at the Sellers own expense, an pay any and sell costs, charges, anomeya fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their Officers, agents or employees in such suite or other proceedings, and in case jdgmenr or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proccdings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fmish and imtall all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 197D and all rules and regulations issued pursuant themo. Revised 07n014