HomeMy WebLinkAbout540381 SOLARGREEN HOLDINGS LLC - PURCHASE ORDER - 9144354Fort Collins
Date: 08/01/2014
Vendor: 540381
SOLARGREEN HOLDINGS LLC
80 INVERNESS DR E SUITE B
ENGLEWOOD CO 80112
PURCHASE ORDER
PO Number Page
9144354 1 of 2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: NATURAL AREAS
CITY OF FORT COLLINS
1745 Hoffman Mill Road
FORT COLLINS CO 80522
Delivery Date: 07/31/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Solartubes - Nix Maint Shop
INV 2301
1 LOT LS
17 solatubes and 5 dimmer switches at the Nix Maintenance Shop
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.mm
16,460.00
it
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
I. C0MMERCLALDETAIIS.
Tax exemptions. By stature the City of Fort Collins 6 exempt from suite and local ones. Our Exemption Number a 11. N0N3VAIVER.
98-04502. Federal Excise Tax Exemption Comficam of Registry 84-60(1 is registered wit, me Collector of Failure of the Pmbaer to insist upon strict Paformwce of the terms and conditions hereof failure or delay to
Internal Revenue, Denver, Colorado Dorf. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in me evens of a
breach, the acceptance ofor payment for goods heremda or approval ofthe design, dull not carer the Sella of
Goods Rejoined GOODS REJECTED due to failure to meet specifications, either when shipped or due to Jefeds of any of me warranties or obligations of This pmahase order and shall not he deemed a waiver of any right of the
damage in mount, may be resumed to you 1'0, credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance locrufor any of its rights or remedies m to any such goods, miloollem
instructions from me City of Fon Collins. of when shipped, received or accepted, as an any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operam as a waiver of any of the remit
Inspection. GOODS are subject o the City of Fort Collins irpection on arrival, hereof.
Final Acceptance. Receipt of me merchandise, smices or equipment in cartoon, to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
vuthonacd payment on the pan of the City of Tom Collins. however, it is to M understood that FINAL Sella and the Purchaser recognize that in actual ecma is practice, overcharges resulting from mtwwa
ACCEPTANCE isdependent upon completion of all applicable required inspection procedures. violatiom are in fact Some by the Purchaser. Thererofore, for good cause and as consideration for executing this
purchase order, the Seller hereby sssigas in me Purchaser any and all claims a may now have or herea0er
Freigb, Town. Shipments rem, the F.O.D., City of Fort Collins, 100 Wood St., Fort Collins, CO 80522, unless acquired under national or suite antitrust laws for such mac,mges relating to the particular goods or services
otherwise specified on this order. If permission is given m prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursaant to this purchase order.
bill most accompany invoice. Additional charges for Parking will not be accepted.
13.PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment dromthee.Wheremrbution poi havedticauming Points uspana dartedfromI the occour, shipment is Pure, Per and teSellsbe Sella, r,adtheSc certhe after inormingordebilitygoodbyadate to coagrecdePinby, the
expected from the nearest distribution distance
Point to Jeoimtion, and excess bright will be deducted from Invoice when Purchaser and me Salle,andthe SellermereaMsindicatesits inability or unwillingnessd comply,the shall
pLacr
nhiPmnm are made from greater Jislance. may cause the work to be orfomreJ by the most expeditious means available to it and the Seller shall pay all
costs msainted with such work.
Permits. Seller shall procure at sellers ..to cost all necessary pempali y. normmtes and licenses required w all
applicable laws, regulations, ordinances yo rules duly
slam, municipality, memory or political subdivision where
of work is performed, or required h ld Bother duly Tonstimmd public authority boxing ainst aion over oM1a work
in candar. b Sella further agrees m held ter City lu Fon Collins mantras s from and against all liability and loss
ad co,c by teem by reason of an assertuJ or esmbf hW violation of any such Wxs. regulatons, oNim.m, roles
end mluirements.
Authorization. All Fatties to this contract agree that the reprernmtives art, in fact, boom fide and possess full and
complete authority to bind said patties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the tam¢ and conditions stated
herein or finch and any supplementary or additional mica and conditions mmexed hereto or incorporated bercin by
reference, Any additional or different terms and conditions proposed by sailer am objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot nuke complete shipment to active on your
promised delivery date as noted. Time is of the aware. Delivery and performance most be a@coed within the time
smoed oa me purchase order and the documents atmched hereto. No acts of the Purchaser, including, without
limimtion, aneptance ofpaniN late deliveries, shall operate as a notice, of this provision. In me area army delay,
me Purchaser shall have, in addition as Omer It,[ and equitable remedies, the option ofirlacwg this order elsewhere
and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a reach of &days
due to causes net reconably foreseeable which are beyond its reasonable control and without its fault of negligence,
such new ODOM, was ofcivil or military authorities, govemmenml priorities, fines, strikes, Pond, epidemics, wars or
now amended 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 delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
Tar Seller warrant that all goods, articles, materials and work covered by this order will confirms with applicable
drawings, specificamem, samples wl or other descriptions given, will be fit for me purposes Mended, and
performed with the highest degree of cart and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser brimless Form my too, damage or expense which the
Potation, may sutFa m incur on .,.at of the Sell. breach of ao.y. The Seller sball replace, repair or make
good, wihom cost oo the purahasee any defects or faults arising within no (1) you r.....Box such longer Period of
titer as may be prescribed by law or by the terror army applicable warranoy provided by me Seller after the date of
acceptance of the good famished hereunder parraptance not to be unreasonably delayed), resulting fmm imperfect
of detective work done or materials famished by the Seller Acceptance or we of goods by me Porchasor shall not
emotions a waiver of any claim under this waranry. Except. otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of me foregoing warranties
or guarantees, but such liability shall in no event include Ins. of profit or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI ]ALL APPLY,
4. CHANGES M LEGAL TERMS.
The Porebmer may make changes to legal terror by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Puahmer may make any changes to The temrs, other than legal menu, including additions to or deletions fmm
the quantities originally ordered in the specifiewiom or drawings, by verbal or wtlnen change order. If any such
change mbects the ...an, due or the time ofpaformann heremdet An equitable adjustment shall W made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject m any equitable:djustment between the panics as to any work or materials then in
,,ogress provided that the Purchase, shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods andrar work, for incidental or consequential damages, and that no such adjustment be made in
favor ofthe Seller with respect to any goods which are the Sellers s1malml stock. No such term union shall relieve
the Purchaser or the Seller of any oftheir obligations an, an any goods delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be worried within fie" (30) Jays from the dole the change or termination is
oNerd.
8. COMPLIANCE WITH LAW.
no Sella common that all goals told hereunder shall have been produced, sold, delivered and famished in onct
compliance with all applicable laws and regulations to which the good art subject The Seller shall execute and
deliver such document as may he required be effect or evidence compliance. All laws and regulations mmiml to be
owifirmed in agreement of this character are hereby incorporated heroin by this reference. The Seller agrees ro
indemnify and hold the Purchaser articles, from all cost and damages wf and by the Purchaser as a resin, of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or camry this out or any monies due or to become due hereunder without the
prior wntren consent afore Omer puny.
10. TITLE.
The Seller warrants full, clear and contradicted fide to me Purchaser for all equipment, materials, and items f ishat
in Performan a of this agreement f and claw of any and all limo orientation. mervmiam. aecunry inmost
.cttmbances and claims of others.
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any Notre
muting Pons the pert antt of such work.
This release shall apply even in the event of fault of negligence of the party releaM and shall extend to the
direcbrs, ollicm and employees of such Parry.
The Sellers conuactonl obligations, including warranty, shall not he deemed to be radical, in any way, because
such work is performed or caused to be performed by me Purchow.
14. PATENTS.
Whenever the Sella is required to use any design, device, bartaial ar process covered by love, patent, trademark
copyright, the Seller shall indemnify and save hmmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, mammal or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch
infringement fin any time during the prosewtion or alter the completion of the work. In was said equipment, or
any part thacof fir the intended use of me goods, is in such suit held ,o constitute nfrngemem and the use of
said equipment or Two is enjoined, the Sella shall, at its own expense and at its option, either possum for the
Purchaser me right to continue using said equipment or pant, replan the same with subwardially equal but
owitrGrmial equipment or modify it so it becomes nartinGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bmJrmpt make an assignment for me benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
c Pu how, without liability.
16. GOV ERNRJG LAW.
The definitions of terms used or the interamourn ofine agreement and the right ofall parties hereunder shall be
amrrued under and governed by the laws ofthe Sierra ofC.Imado, USA.
The fallowing Additional Conditions apply only in cases where me Sella is to pert work hereunder,
including the saviors of'Sellm Rapmsentative(s), m the premises ofothers.
IZ SELLERS RESPONSIBILITY.
He Seller shall carry an said work at Seller's own risk writ the same is fully completed and accrptad, and shall,
in ass of any accident, destruction ar injury no me work aforr nationals before Sellers Mal completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of me Purchaser. When mammals
and equipment are tumishal by others for installation or erection by the Seller, the Seller shall receive, unload
store and handle same err the cote and become responsible therefor m though such materials and/or equipment
were being famished by the Seller under the order.
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,
=Nor to their dependent in accordance with the laws of the state in which the work ex to be done. The Sella
shall also cony comprehensive general liability including but not limited m, contracttml and automobile public
liability insurance with balily injury and deans limits of an lemt 5300,000 for any one Perm, SSW." for any
one addend and property damage limit per acaident of 5400,000. The Sella shall likewise require his
contmemm, if any, to provide for such incapacitation and insurance. Before any of me Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall fumth me Purchaser with a certificate
that such compensation and insurance have been provided. Such emificma shall specify the date when such
ampens man and insurance have been provided. Such certificates shall specify the dam what such compensation
and insurance expi des. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is complaint and occepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES,
The Seller hereby a¢nmm the entire responsibility and liability for any and all damage, loss or injury of my kind
Or more whomever as parsons or property carotid by or moulting fmm me execution ofthe work pmvided for in
this Purchase order in in connection herewith. The Seller will indemnify and hold bamJess the purchases and my
r all of the P=rc m affirm, agents and employers fmm and against any and all claims, lases, damages,
charges or expenses, whether direct or indirect and whether to persona or progeny in which the Purchaser may
be pm or subject by nation of any act action, willod, omission or default on me pan of me Seller any or his
contractors, or any of me Sellers or contmctms oRem, agents or employees. In awe any suit or other
proceedings shall be brought against me purchase, or its officers, agents or employees a, any time on account or
by reason of any cat, action, agar, omission or default of the Sella of any of his contractors or any of it or
their officers, agents or employees as aforesaid me Seller hereby names 10 resume me defense thereof and to
defend the same anhe Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their oBicers.
agents or employers in such suits or other proceedings, and in Case judgment or other lien be placed upon or
obtained against me property ofthe Pushase, or said partite in or as a result of such suits or other proceedings,
me Sellawill at once raw the same in be dissolved and discharged by giving bond or otherwise. The Seller and
his mechacmrs shall take all safety protectionist fiunisb and instill all guards tower ary for the Formation of
accidents, comply with all laws and regulations with mgard to wfny including, but without limitation, the
Occupo,orol Safety and liwlth Act of 1970 and all riles and mirlmio o issued rumored the,e,o.
Revised 07I2014