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HomeMy WebLinkAbout524791 LEIGHTRONIX INC - PURCHASE ORDER - 9144360PO PURCHASE ORDER 914436er Page C117/ of PURCHASE 44360 t of 3 Flirt Collins( his number must packing !_\V`I ` V �7 on all invoices, packing sli s and labels. Date: 0810112014 Vendor: 524791 Ship To: MIS LEIGHTRONIX INC CITY OF FORT COLLINS 2330 JARCO DR 215 N MASON, 3RD FLOOR HOLT MI 48842 FORT COLLINS CO 80524-4408 Delivery Date: 08/01/2014 Buyer: ED BONNETTE Note: PER QUOTE DATED 7/2/14 FROM SARA MASON FOR CITY OF FORT COLLINS. Line Description Quantity Ordered UOM Unit Price Extended Price i LIVE STREAMING MEDIA ENCODER 1 LOT LS 7,990.00 QTY (2) PEGstream-SD2 z ONE YEAR LIVE STREAM SERVICE 1 LOT LS 3,000.00 . QTY (1) PEG Stream Annual Cost , 3 ONE YEAR LIVE STREAM SERVICE 1 LOT LS 996.00 QTY (1) PEG Stream Annual Cost 4 ONE YEAR WEB MEDIA HOST/STREAM 1 LOT LS 2,988.00 QTY (1) PEG Central 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 Fort Collins PURCHASE ORDER PO Number Page 9144360 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price s SPECIAL DISCOUNT 1 LOT LS-1,200.00 COMBINED VOD/LIVE STREAM P14 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 774.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 ase Order Terms and Conditions Page 3 of 3 L COMMERCIALDETAIIS. Tax, exemptions. By smtate the airy of Fort Collins is exempt from some and local tarn. Our Exemption Number is I L NON WAIVER. 98-04503. radical Eeciu Tax Exemption Certificate of Registry 84-6000597 is registered wit, the Collector of Failure of the Purchasm to insist upon strict performance argue terms and conditions hereof, falum or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statute 1973, Chapter 39-26,114 (a). exercise any rights or remedies p rvido herein or by law, failure to promptly nofify the Seller in der event of a branch, the acceptama, of or payment for goods hereunder at approval of the deign, shall nor release the Seller of Gaols Rejected. GOODS REIECTED due to failure to meet specihemiors, either when shipped or due to defecu of any of the warranto. or obligations of this purehrs, other and stall rat be memo a waiver of my right of the damage in ..it, may be retumo to you f audit and art not to IS, replaced except upon receipt of women purchaser to insist upon strict performance hereofor any of its rights or remotes as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent defult hereunder, nor shall any purported oral modification or rescission of this purdwse order by the Parclower operate m a waiver of any of the terms Inspection GOODS are subject to the City of Con Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, aavmpa Orequipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. submittal payment on the pan of the City of Fort Collins. Ilm m , a is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fromo nrst ACCli111'ANCE is dependent upon completion of all applicablerequimm l inspedionprocedums. violations are in fact hoe by the Purchasec'1'hoodefore,for good cause and as comldemtion for executing this purchase older, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Trans. Shipments must be F.O.D., City of Fan Collins, 700 Wood Sr., Fort Collins, CO 80522, nnlas acquired under federal or scale contrast laws for such overcharges relating to the particular goon or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bit[ must accompatry invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. More installation have distributing points in various parts of the country, shipment is If the purchaser directs the Seller to correct nonconforming or defective goods by a dale to be agreed upon by the expected farm the rand distribution point m distinction, and excess freight will be deducted from Invoice what Pooduccour and the Seller, and the Seller thereafter indicates its inability or wwillingness to comply, the Purchaser shipments nut made been greater distance. may cause, the work to be performed by the most expeditious means available to it, and the Seller shall pay all On. asswiatd withsuch work. Permits. Seller shall prepare in sellers ale cost all necessary Ismaili, ttniftcales and license required by all applicable laws, regulations, mdireances and m[o of the state, municipality, territory or political subdivision where The Seller shall release no Purchaser and its contractors of any tier men all liability and claims of any nature the work is Performed, or require l by any other duly constituted public authority bavingjunselinim over the work resulting from the perfonnanre ofsuch work. of vendor. Seller further agrees to bold the City or Fat Collins scales frvm and against all liability and loss incurred by them by reaon of on asserted or etoblobo violation of any such laws, regulations, odirwnee, roles This release shall apply even in the room of fault of negligence of the Wmy released and shall extent to the and requirements. director, officers and employees of such party. Authorization. All ponies to this contract agree that the representatives are, in fact, haw fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and eonditions stated herein sd Iiuth and any supplementary or additional rents and conditions annexed hereto or incorporated herein by reference. Any ddilional or differed to. and conditions pmpnsed by seller are objected m and hereby,ejecmd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately Ryan cannot make complete shipment to anice on your promised delivery dare as noted. Time is of the essence Delivery and performance most IS, elected within the time sand on the purchase other and the documents matched harem. No acts of the Purchasers includft without hannalion, acceptance of partial late dehverin, clan Marc,as is waiver nfthi, provision. In no art of any delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplacing this order elsewhere and bolding the Seller liable for damage. However, die Sella shall not be liable for damages as it result of delays due to causes not ocasinally, boteeeable which are beyond its restorable contest and without its fault of negligence, such acts ofGal, acts orcivil or military urbanites, govemmental priorities, fires, spikes, flood, epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Serer first received knowledge thereof. In the event of any such delay, the date of delivery, shot[ be extended for the pate egml,o the time actually lost by ..a of the delay, 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this ode, will wafts. 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 standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any Loss, manage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, term, or make Said, without post to the purcbosee, any defects or faults arising within one (1) year or within such longer period of time. may be pmarribed by law or by the corms of my applicable ..at, provided by the Seller afin the ram of acceptance of the goods famished hereunder (acceptance not to be unreaawbly delayed, resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shalt not constitute a waiver of any claim under this warcenty. Except as otherwise provided m this purchase other, the Sellers liability hemunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties or msantas, but such liability shall in no event include, lass of pmfrs Or loss of.c. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teas by wrinen change order. 5. CI4ANG ES IN COMMERCIAL TERMS. The PurcAnser may make any eba.,cs 10 the mans, other than legal terms, including additions to or deletions from the quantities originally ordered in the Verifications or Aruwings, by verbal or wriven change aide,. If any such change slain the amount due or the time of perfm;mce hereunder, an equitable adjustment shall be made. 6. TERMINAT IONS. The Purchaser may at any time by written change order, ruminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties res to any work or materials then in progress provided that the Purchaser shall not be liable for very claims for anticipated profits em the uncompleted portion of the goods anchor each, for incidental or consequential damage, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllers standard stock. No such nomination shill relieve Bar Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most M asserted within thirty, (30) days f the date the change or remiomion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the gods are subject. The Seller shall execute and deliver such documents as may be pa dral to Red or evidence compliance. All laws and regulations required to be nconpom ed in agreements of this character me hereby incorporated herein by this reference The Seller agrees as indemnily and hold the Purchaser heatless fmm all costs and damages suffered by die Pamhsser as a result of the Sellers fait lure to comply with such law. 9. ASSIGNMENT, Neither party shall resign, number, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10.111113. The Seller warrants full, clear and umunnicned title to the Purchaser for all equipment, materials, and items f uhcd in performance of this agreement free and clear of my oW all liens, reductions, reservations, suurity interest encumbrances and claims ofothers. The Sellers mntmctual obligations. Including warranty, shall not be deemed m be darn, in any way, because such work is zabormal or caused m be P aform al by the Purchaser. 14. PATENTS. Whenever the Seller is required 1. use any design, device, nmlerial or process covered by lane, vocial, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any end all claims for inMngem ou by reason of the use of such palpated design, device, material a process in connection with the conlood, and shall Indemnify the Purchaser fur any end, expend or damage which it may be obligN to pay by rase of such infringement at any time during the prosecution or afta the completion of the work. In case said equipment, or any pan thereof or the mteMd use of the goods. is in such suit held to constitute infringement and the use of said quipmem or pan is mimeo, the Seller shall, a1 its min apeme and st its option, oldie, procure far the Purchaser the right in continue using said equipment or pans, replace the same wish substantially algal but n ousif nging equipment, or codify it an it become reaninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent ar brJlupt make m msigmtem far the benefil of creditors, appoint a acceiva or uusree for any of the Sellers property or business, this order may forthwith be canceled by the Purchssu without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights oral] panics hereunder shall h, mmmmed under and guvemed by the laws of the Stale ofColmado, USA. The following Additional Conditions apply only in where the Seller is to performwork hereunder, including the services of sellers Reprexnmtme(s), on thecases premises of amen. 17. SELLERS RESPONSIBILITY. The Seller shall parry, on said work or Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction in injury to the work anchor materials before Sellers f l completion and acceptance, complete the work an Sellers own expense ad to the satisfaction of the Pamhaser. When mmmalb and equipment are fmisheJ by others for installation or erection by the Sella, the Seller shall receive. unload, snort ad handle same in the site and become rnpmasible tlrerefor as though such materials and/or equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, m his own expense, provide for the payment of workers compensation, including occupational disease benefits, to in employees employed on or in connection with the work covered by this purchase order, ampar to their dependents in accordance with the laws of the state in which the work is m be done. The Seller shall also carry comprehensive general liability including, but net limited to, conmetncl and automobile public boar lity insurance with tidily injury and death limits of at last S300,000 for any one person, 5500,010 for very one accident and property damage limit per accident of s400,000. The Seller shall likewise require his comrnetors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contmdom employees shall do any work upon the premises Or others, the Seller shall famish the Purchaser with a certificate the, such compensation and imumme, have been provided. Such certificate shall specify the rate what such compensation and incurance have been provided. Such car ificalas shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be, maintained until after the care work is completed and rotation 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability fair any sod all damage, loss at injury of any kind a, tourist whosoever 1p persons or propon, caused by a resulting from the execmion oftee work provided for in this purpMse order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agent, and employees form and egtims, any and all claims, losses, damage, charges or expenses, whether direct or indirect, and whether to parsons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the Ian of the Seller, ray of his contramoO. or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against he Purchaser, or its officers, agents or employees at any time oa account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as afresaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, 1, pay any and all casts, charges, aromrys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their ofth ers, 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 Purchasser, or said panics in or as a result of such suits or other proceedings, the Sella will at once cause the same to be dissolved and daular gel by giving band or otherwise. The Sella and his contractors shall take all safety precautions, furnish and install all guards nuessery for the prevention of accidents, comply with all laws and regulations with regard to safety including, bur without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant therm. Revised 072014