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HomeMy WebLinkAbout133608 ANLANCE PROTECTION LTD - PURCHASE ORDER - 3214049 (2)Fort Collins Date: 07/24/2014 Vendor: 133608 ANLANCE PROTECTION LTD PO BOX 2401 FORT COLLINS CO 80522 PURCHASE ORDER PO Number Page 3214049 1o12 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/11/2014 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 Added additiAa funds per requisition 47681 1 LOT LS Pay terms net 30 days Invoice Address: 45,000.00 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tetras and Conditions Page 2 of 2 I. COMMERCIALDEfA1LS. Tax exemptions. By flown, the City of Fort Collins is exempt from stem and Leal lazes. Our Exemption Number is 98L4502. Federal Excise Tax Exemption Certificate of Registry 84,601 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be reNmed to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Pon Callus inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in Taproom to this order can result in ene pm authorized payment on the, of the City of Fort Collins. However, it is to be understood thatFINAL ACCEPTANCE isdependentupon completion .fall applicable squired in scenon precedence. Freight Terms. Shipments must be F.O.B., City of Fair Collins, 700 Wood St, ran Collins, CO 80522. unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will act be accepted. Shipment Distance. Where manufacturers have distributing points in variones pans of the country, shipment is expected from The neamt distribution point to distinction, and excess freight will be dedumed them Invoice when shipments are made from greater distance. I I. NON WAWER. Failure of the Pottstownt « Pottstown to insist upon strict perof tbeterms,terand continuous hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify The Sella in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall nor 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 most upon strict performance here rfor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any print or subsequent default hereunder, nor shall any pmponed oral mndifica um or rescission of this purchase order by The Purchaser, .'some as a waiver of any of the terms harat 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller mud the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violmioo are in fact home by the Purchaser. Thereaf.re, for good cause and as camideration for executing this purchase aide, the Seller hereby asspow to the Purchaser any and all claims it may now have or herealla acquired under federal or same antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser puaranl to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs The Seller to correct nonconforming or defective gawk by a date o be agreed upon by the Purchaser and the Seller, and the Seiler Thereafter indicates its stability or unwillingness no comply, The Pumhastt may cause the work to be performed by the most expeditious rears available to it, and the Seller shall pay all cast, worrimed with such work. Permits. Seller shall procure at sellers stile cast all necessary panic, cmificates and limuses required by all applicable laws, regulations, inchworms and rates of use, state, mwicip liry, temtory or Political subdivision where The work is Performed, or required by any other duty comtimTed public aohmlry havingjunsdmIian over The work of vendor. Seller further agrees 10 hold The City of Too Calif. harmless from and apim, all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and acquirements. Authorization. AIL parties to This comma agree That the representatives art, in fact, Form fide and possess full and complete authority a bind said parties. LIMITATION OF TERMS. This Purchase Ober expressly limits acceptance to the moms and conditions stated herein set forth and any supplementary or additional mans and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment t. orrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be d cat'd within The time stated on the purchase order and the documents attached hereto. No acts of The Purchasers including, without limitation, acceptance of partial late deliveries, shall operale as a waiver of this provision. In the event of any delay, the Purchase shall have, in addition to other legal and equitable remedies, the option of placing This order elsewhere and holding the Seller liable for damages. l lancer. The Seller shall not be liable for damages as a mash of delays due to ensures nm reasonably fommabk which are beyond its reasonable control and without its fault of negligence, such acts of God, act, ofcivil or military authorities, governmental priori0es, fires, strikes, flood, epidemics, sears or riots provided that notice of the Traditions causing such delay is given to the Purchaser within five (51 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 10 the time wrially lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted sT.vulvrd for work of a smiler wore. The Sella agrees m hold doe purchaser harmless from any loss, damage or exPensa which the purchaser may suffer or incur on farmers of the Sellers breach of wmmmy. The Sella shall replace, repair or make good, without cost to the puahascr, any defects or faults raising within one (I) year or within such longer period of time as may be prescribeal by law or by the mats of any applicable warmry provided by the Seller Per the date of acceptance of the ..its Wmished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect in defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this contrary. Except as oNcrwisc phevided in This purchase order, the Sellers liability hereunder shall extend to all damages phexifiaely caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of pofts or bss of use. NO IMPLIED WARRANTY OR MERCHANTADI LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wiittrn change order. 5. CHANGES IN COMMERCIAL TERMS. The P rchwer may make any changes t0 the terms, other than legal terms, including additions to or did'amrs from The quantities Originally ordered in she specifications art drawings, by verbal or written change order. It any such change affects The amount due or the time of sefarmance hereunder an equitable adjustmentbe shall made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as m any art all poniomo of the goods then not shipped, subject to any equitable adjustment between the parties as m any work or materials then in progress provided that the Purchase, shall not be [,able for any claims for anticipated profits on the uncompleted portion of the Goods and/or work, far incidental or comequemi it damages, and that no such adjustment be made in favor of the Sella with raped o any goods which am the Sellers sondaul sock. No such termination shall relieve The Purchatt or the Seller of any ofibal obligation as uo any goods delivered bertunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusment most be asserted within thirty (30) days from the dam the change or lamination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and fumkhed in strict compliance with all applicable laws and regulations a which the gods am subject. The Seller shall execute and deliver such documents as may be required to effector evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by This reference. The Sella agrees to indemnify and hold do, Purcbmer harmless from all costs and damages suffered by the Purchaser as a result of The Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pay, shall assign, tmrsfer, or convey this order, or my monies due or to become due hereunder without the prior wiinen consent Time other party. 10. TITLE. The Seller wamants full, clear and Tram Bled title 10 the Purchaser for all equipment, materials, and items fwnishm in Performance of this agreement free and clear of any and all diem, restriction, reservations, security interest encumbrances and claims afathers. The Seller shall release the Purchaser and ib contracors of any tier from all liability and claims of my nature reulum from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oficen and employees ofsuch party. The Sellers compared obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is Performed or caused to W performed by The Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, Trademark or copyright, the Sella shall indemnify and save hmmlas the Purchases from any and all claims for infringement by reason of the use of such patented design, dm'ice, malcrial or process in connection with the contract. and shell indemnify the Purchase for any cost, expense or damage which it may W obliged to pay by reason of such infringement at any time during the prosecution or after the oomplawn of the work. In case said a,uipmrnt, or any pan thereof or the intended use of the goods, is tit such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser The right a continue using said equipment or Fans, replace the same with substantially equal but rmninfriaging equipment, in modify it so if becomes noninfringing. 15.INSOLVENCY. If the Seller shall become insolvent tr bankmpt, make an assignment for the benefit of cushions, appoint 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 definitions affirms used or the interpretation ofthe agreement and the rights of ell parties hemunder shall be unstated under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases when the Seller is to perform work hereunder, including tbe services of Sellers Represenmtive(sk on $e premises ofochim 17, SELLERS RESPONSIBILITY. The Seller shell carry on said work at Sellers own risk until she same is fully completed and weeded, and shall, in case of any accident, disinfection or injury no the work and/or materials before Sella s fuel completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase, What materials and equipment are horrified by others fat installation or creation by The Seller, The Sella shall receive, unload atom and handle same at the site and become responsible thatcher as Though such materials and/or equipment were being famished by the Seller under The order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefis, no its employees employed on or in saturation with f:e work covered by this purchase Under, wafer to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive fit liability including, but not limited to, commercial and automobile public liubiliry insurance with bodily injury and death limits ofat lent S300,000 for any one person. S500,000 for any one accident and property damage limit Per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compeusatum and insurance. Before any of the Sellers or his commoners employees shall do any work upon the pmnkes of others, The Sella shall famish The Procimeme with a certificate that such compensation and imumnce have been provided. Such cerfifwtes shall specify the date when such compensation and insurance have been provided. Such cauffewes shall specify the date when such compensation and insurance expires. The Seller agrees that 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 assumes the entire responsibility and liability for any and all damage, loss or injury of my kind or natme whosoever To Persons or property caused by or resulting from the execution of the mark provided for is this purchase order or in connection herewith, I he Sella will indemnify and hold harmless the Purchaser and any in ail of the Purchasers officer, agents and employees from and agaimt any and all claims, losses, damages, charges or exPemes, whether ill. or indirect, and whether to personas a property to which the Pmchasa may be put or subject by reason of my act, action, neglect, omission or default on the Pen of the Sella, any of his commcmrs, or any of the Sellers or conlmnors oMe., egenm or employres. In case any suit or other proceedings shall be brought agaimt the Purchaser, or its oficas, agents or employees at any time on account or by reason of any .1. no., neglect, omission or default of the Seller of any of his contractors or any of its or Their offices, agents or employees as aforesaid, the Sella hereby agrees to assume The defense Thereof and to defend the same at do, Sellers min ememse, IT, pay any and ell costs, charges, f romeys fees and other expenses, any and all judgment. That may be warned by of obtained agaimt the Purchaser or any of its m Their officers, agents or employees in such suits or other proceedings, and in case judgment 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 proceedings, the Seller will at once came the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all .aafary pmcamions, famish and install all guard necessary for The prevention of accidents, comply with ail laws and regulations with regard a safety including, but without limitoion, the Occupadovl Safety and Health All of 1970 and all rules and regulations issued pursuant thcrta. Revised 07/2014