HomeMy WebLinkAbout540374 ALEX PAOZOLS - PURCHASE ORDER - 9144500Fort Collins
Date: 08/06/2014
Vendor: 540374
ALEX PAOZOLS
1853 HOMER DR
FORT COLLINS CO 80521
PURCHASE ORDER
PO Number Page
9144500 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: LINCOLN CENTER
CITY OF FORT COLLINS
417 W MAGNOLIA
FORT COLLINS CO 80521
Delivery Date: 08106/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 APP Transformer Cabinet 2014
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
1 LOT LS
1,990.00
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. COMMERCIAL DETAILS.
Tax exemption. By statue the City of Fan Collins is exempt from seen and local taxes. Our Exemption Number is
I L NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser an insist upon inner performance of the terms and conditions savor failure or delay to
Internal Revenue, Dever, Colorado (Ref. 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 the event of a
breach, the acceptance for payment for goofs hereunder or approval of the design, shall not release the Seller of
Groats Rejected. GOODS RD ECTED due to failure to meet specifications, either when shipped Or due m defends of
any of the warranties Or obligations of this purchase order and shall nut be deemed a waiver of any right of the
damage in transit, may be reromed to you for credit and are nor or be replaced except upon rewipl of written
purchaser to insist upon a icf performance hereof or any of its rights or remedies as to any such gowLs, regardless
instructions from the City of Fan C011iro.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoued
am[ mwlification Or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS art subject to the City of Flan Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collim. However, it is to be understood that FINAL
Seller and the Pumhowr recognize that in actual economic practice, overcharges resulting from anlitmst
ACCEPTANCE n dependent upon completion of all applicable required inqualum procedures.
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for e¢eming this
purchase order. the Seller hereby assigns to the Norman any and all claims it may now have Or hereafter
Freight Terms. Shipments must be F.O.B., City of Fun Collins, 700 Wood St., For Collins. CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
mhawise specified on this andar. Ifpermission is give to prepay freight and cha....... rely, the control freight
purchased or acquired by the Purchaser pursuant no this pauslose order,
hill must accomoanv invoice, Additional charges for cocking will not be accented.
Shipment Distance. Where manufacturers have distributing points in warreas pans of the country, shipment is
expected from the nearest distribution point fo deviation, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall p.am or sellers sale cost all mecnary permits, cenificaes and ticasa required by all
applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vend— Sella further agents to hold the City of Fort Collins Minutia from end against all liability and loss
.vinand by them by reason of on asseted or c, ablished violation of any such laws, regulations, ordinances, roles
and requirements.
Authonwrmv All parties to this contract agree final the representatives are, in Net, boa fide and possess full and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purcha, Other expressly limits acceptance W the terms and conditions stated
herein set foM and any supplementary or additioal morns and conditions annexed hereto or incorporated human by
reference. Any additional or dilTerenl lama and coMounci proposed by seller are objected so and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to alive on your
promised delivery date at noted. Time is of the essence. Delivery and performance most be effected within the time
smted on the purchase order and the dOcumenm Punched hereto. No acts Of the Pmchxwe including, without
limitation acceptance of partial late deliveries, shall uperate n a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this Omer elsewhere
and holding the Seller liable for damages. However, the Seller shall not l e liable for damages ns a result of delays
due to causes not rawmbly foreseeable which are beyond its reasonable control and without its fault ofinegligence,
such acts of God, acts of civil or military authorities, govemmentol priorities, fires, slakes, Rudd, epidemics, wars or
rots provided that notice of the conditions causing such delay is given to the Punchaum within five (5) days of the
'time when the Sala first received knowledge thereof. In the event of any such delay. the Jae of deism shall be
extended for the period equal to the time Partially ton by reason ofthc delay.
3. WARRANTY.
The Sella warrants that all goads, oniclea, materials and work covered by this order will conform 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 accodance with accepted standardsfor work of a
'miler ramm. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cast to the purchaser, any defects or faults arising within One (1):.ear or within such longer paood of
lime as may be prescribed by law or by the temp ofany applicable warranty provided by the Sella after the doe of
acceptance of the goods famished hereunder (accepmnce, not to be unreasonably delayed), nsuhing from imperfect
or defective work done or mammals fumhhcd by the Seller. Acceptance or use of good by the Purchaser smell tut
Onstime a waiver of any claim under this warranty. Except as otherwise provided in this purchase omen, the Sellers
liability hereunder shall extend to ell damages proximately.used by the breach of cry of the foregoing warranties
Or guarantees, but such liability shall in no event include loss Of profits 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 sauna change under.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the ream. Other than legal terms, including additions to at deletions from
the quantities originally Ordered in the specification or drawings, by verhal or wanes dung. onda. If any such
change affects the amount due or the final ofperformance hereunder, an writable adjustment shall be, made.
6. TERMINATIONS.
The Purchaser may at any time by w'rifaen change order, raminim this agrecmem as In any or all portions Of the
goads her not shipped, subject to any equitable ad indent between the parties as to any work or materials her in
progress pmvided that the Purchaser shall not be, liable for any claims for anticipated profits an the uncompleted
ponion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor ofthe Seller with respect o any goods which are the Sellers standard stock. No such lamination small relieve
fire Purclaser or the Sella ofaay of their obligations as to any gooks delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mast be assured within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in scrim
omplumes, with all applicable laws and regular. to which the goads arc subject. The Seller shall execute and
deliver such documents as may be required m elTecl or evidence compliance. All laws and regulations required a be
incorporated in agreements of this character are hereby inmrponated herein by this reference. The Sella agrees to
indemnify and held the Purchaser Passionless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure no comply with such law.
9. ASSIGNMENT.
Neither party shall assign, uarefer, Or convey this order, or any monies due or to become due heremder without the
prior wntte consent ofthe Of parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in Performance of this agreement, free and clear of any and all liens, restrictions, reservations, security Imereo
cncumbmnces and claims i fathers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaser directs the Seller to two nonconforming or derative goods by a date of be agreed upon by the
Purchaser and the Sella, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the weak to be perfomlN by the most expedirious means available Of r,, and the Sella shall pay all
costs associated with such walk.
The Seller shall release fie Purchaser and its contecmrs of any der from all liability and claims of any camre
resulting from the performance of such work.
This relate shall apply even in tle event of fault of negligence Of he party released and shall extend to 'he
i ircetoe, officers and employees of such puny.
The Seller's communist obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is Performed or caused to b<performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to arms any design, device, material or praess covered by letter, patent, trade=&
or copyright, the Seiler shall indemnify and save humorless file Purchaser from any and all claims for infringement
by P axe of the use of such peened design, device, material ar process is connection with the coalrad and
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 prosaution or after the completion of the work. In caw said quipnent, or
any pun thereof or lie intended use of file grods. is in such suit held In constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and or its option, either procure Cr the
Purchaser the right W continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes oonlnfdnglng.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the beat of creditors, appoint a
Peace, or o-usme for any of the Sellers property or business, this amen may foMwith be cmee ed by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the intapretation ofthe agreement and the rights of all parties hereunder shall be
continued under and gor'emed by the laws of the Suite ofC.1mado, USA.
The following Additional Conditions apply only in cases where the Seller is to perrorm work hereunder,
including Be services of Sellers Representativefs), on the premises of others.
19. SELLERS RESPONSIBILITY.
Thu Seller shall curry, en said walk at Sellers outs ask it the same is fully amplaed and accepted, arm[ shall,
in se of any accident, destruction or injury to the work andor materials bef Sellefs final completion and
acceptance, opmplem the work at Sellers awn expense and to the aatisfaction of the Purchaser. When mateeds
and equipment are thmished by Others for innall..... or erection by the Seller, the Sella shall recast, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being furnished by be Seller under the order. ..
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occuWlinual
disease benefits, to its employees employed on or in connection with the wt covered by this purchase order,
wit to their dependents in accordance with the laws of the slate in which the work is to be done. The Sella
shall also arty comprehensive general liability including, but not limited to, contractual and auloore le public
liability insurance with bodily injury and loth limits of at 1ess1 S300.000 for any one person, 5500,000 for any
one accident and property damage limit per accident of Sf00,000. The Sella shall likewise require his
examinations. if any, to pmside for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, thSeller shall fltmish the Purebnser with a cenifam
that such emnpenaation and insurance have been provided. Such certificates shall specify (lie date when such
msmp nontion and insurance have been provided Such cent ficmes shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shill be maintained until after the
entire work is completed and accepted.
PL PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sdb hereby ass es the entie maponsibiliry and liability for any nod all damage, loss or injury ofany kind
or atlm, %how ever to persons or property waned by or resulting from the execution ofthe work Provided for in
this purchase Order or in cmmection herewith. The Seller will indemnify and hold ma dess the Purchaser and any
or all of the Purchaers officers, agents and employees Imm and against any anit loss all claims, es, dm aages,
charges or expassea whether direct or bMirect, and whether to pavans or Property to which the Purchaser may
be put or subject by rmson or any act, action, neglect, omission or default on the pan of the Seller, any of his
contractum. or any of the Sellers or mnuactors officers, agents or employees. In caw 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 act, action, neglect, omission or default of the Seller of any of his contmetors or any of its or
their officers, agents or employees as afoesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers awn ape oe, to pay any and all corm, charges, -farmers Less and other expenses,
any and all judgmmts that may be incurred by at obtained against the Purchaser or any of its or their oRcers.
agents or employees m such suits or other proceWings, and in case judgment or other lien he placed upon or
Obtained against she property of de Purchaser, or said parties in or as a result of such suits or miner proceedings.
she Seller will at once cause the same m be dissolved and discharged by giving bond Or otherwise. The Seller and
his contractors shall take all safety precautions, f ail and instill all guard necasary 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 1970 and all roles and regulations issued pmsuant thereto.
Revised 0912014