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HomeMy WebLinkAbout540706 PHYSIO-CONTROL INC - PURCHASE ORDER - 9144567PO PURCHASE ORDER 91"56er Page C117f of PURCHASE 44567 tot z ' `t Collins( his number must appear ` v �7 on all invoices, packing sli s and labels. Date: 08/11/2014 Vendor: 540706 Ship To: POUDRE FIRE AUTHORITY - AD PHYSIO-CONTROL INC 102 REMINGTON PO BOX 97023 FORT COLLINS CO 80524 REDMOND WA 98073-9723 Delivery Date: 08/11/2014 Buyer: WILSON, JILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price Pulse Point Annual Licensing 1 LOT LS 5,000.00 Quote #1-270698441 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 Total 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 Canditioms Page 2 of 2 L COMMERCIALDEfAILS. Tax exemptions. By statute the City of Fort Collins is exempt from smtc and local taxes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-60 0589 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 m meet sped Sermons, either when shipped or due to defects of damage in transit, may be renamed to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fen Collins. Inspection. GOODS are subject to the City of Fen Collins inspection on active]. Final Acceptance. Receipt of the maclandlae, activities or egnip. in reactions, . this order can r.con in amhoneed payment on the pan of the City of Fir Collins. However, it as m be understood thmFINAL ACCEPTANCE is dependent upon completion efall applicable requited inspection procedures. Freight Terms. Shipments must be RO.B., City of Fort Collins, 7W Wood St, Fen Collins, CO $0522. unless o0mrwise specified ma this order. If permission is given to prepay freight and charge s,pamtely, the miginal freight bit] must accompany invoice. Additional charges for packing will not be accepted. Shipment Dismme. Where m nuf usurers have distributing points in nt various pans of the coury, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted been Invoice when shipments are made from greater dismn=. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licerrsa required by all applicable laws, regulimmus ordinances and roles of the site, municipality. memory or political subdivision where the weak is parr M, or a a,mul by any other duly comtimted public i mhodry havingjurhadm icn man the work of vendor. Seller further agrees to hold the City of Fen Collins hornless fmm and against all liability and loss incurred by them by reason often msered or established violation of any such laves, regulations, forbearer, rates and ra,mr mints. Authorization. All parties to this contract agree that the representatives are, in fact bona fide and possess fall and complete authority to bind said parties. LIMITATION OF'rERMS. This Proeha¢ Order expressly limits acceptance m the terms and conditions stated herein set forth and any supplementary or additional terms and conditions amexed heart, or incorporated herein by reference. Any additional or different leans and conditions proposed by seller are objected to and hereby rejecred. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive no your ,remind delivery date as ruled. Time is of the essence. Delivery and pe lk rim¢ must Ise infected within the time stated on the purchase order and the documents atuched hereto. No acts of the Purchassn including, without limitation, heal race mpartial In¢ deliveries, shall operate as a waiver of this provision. In the event artery delay, the Purchaser shall have, in addition ,, ,,he, legal and equitable remedies, the option of placing this order elsewhere red bolding the Seller liable for damage,. However, the Seller shill rim be liable fir damages as a result of delays due to causes out masmably foreseeable which are beyond ih, naimabde control and without its fmill of negligence, such .,is of God, acts devid or military authorities, governmental prierilies, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions coming such delay is given to the Pemhastt within five (5) days of the time when the Seller first received knowledge thereof, In the event of any such delay, the dale of delivery shall he extended For the part acted to the time actually last by reaon of the delay. 3. WARRANTY. The Seller warmers that all good, articles, materials and work covered by this order will emalme t with applicable drawings, spurificatons, samples and/or other desmptiom given, will be fit for the mrpm. intended, and performed with the highest degree of arc and competence in accordance with accepted standards for work of a similar in,,. The Seller mart. to held 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 purchowa. any defects or faults arising within one (I) year or within such longer period of time as may be, prescribed by law or by the teams of any applicable warranty provided by the Seller alter the dare of mttptmce of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done at materials furnished by me Seller Acceptance or we of goad by the Purchaser shall not constitute a waive, of any claim under this wmrmry. Exe@a as otherwise provided in this purehme order. Ne Sellers liability hereunder shall extend to all damages proximately variant by the beach ofany of thc foregoing wormntic, or Resonances, but such liability shall in no event include loss of profits or Inss of use. NO IMPLIED IVARRAqTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal rem¢ by written change order. 5. Cl IANGES IN COMMERCIAL. TERMS. 'I he Purchaser may make any changes to the terms, other than legal terms, including additions m or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change tither¢ fie amount due or the lime of pe foanmce hereunder, an equitable ad,..., shall be, made. 6. TERMINATIONS. The Purchaser may err any time by firms change order, temrimmte this agreement as as any or all poni. of the good then out shipped, subject to my equitable adjustment between fie parties a as any work or materials tben in progress provided that the Purchaser shall not he liable for any claims for anticipated graph, on the uncompleted portion of fie good and/or 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 standard stock. No such lerreiretirn shall relieve the Purchaser or the Seller crony of their obligations m m any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMEN3'. Any claim for adjustment must be women within thirty (30) days from the date the change or teeminerma is ordered. I. COMPLIANCE WITH LAW. The Seller warrants this It gmd sold heremder shdl have been produced, sold delivered nil famished in strict compliance wif all applicable laws and regulations to which the goods curt subject. The Seller shall eaccum and deliver such dooummh, as may be expired to effect or evidemx compliance. An taws and regulations required to b, incorporated in agreements of this character are hereby incorporated Interim by this reference. The Seller agrees to indemnify and hold the Purchaser harmless been all costs and damages suBbred by the Pearchaer as a r.ult of she Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall asign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of me other parry. 10. TITLE. The Seller warmers full, clear and unrestricted title as Jr, Pueluaes for all equipment, materials, and items famished in performance of this ageemem, fee and clear of any and all lines, restrictions, resme mess. aecuriry interest encumbrmac, and claims ofathers. 11. NONWAIVER. Failure of the Purchaser a insist upon strict performance of the Is= and conditions hereof, failure or delay to exercise any rights or =mcJies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not 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 insist upon strict performance mccofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate ce a waiver of any of me terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize slut in enteral economic practice, charges resulting from mtiorat violations — in fact bone by the Purchases. Theetoforenover far good au¢ and m comiderclum for executing this purchase ranks, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal W state antitrust laws for such overcharges relating to the particular good or sm'ices purchased or acquired by the Purchaser pursuant o this purchase order. 13. PU RCI]ASHES PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller m correct nonconforming or defective goods by a date to be agreed upon by the Purehaer and the Seller, and the Seller thereafter indicates Is inability err unwillingness to comply, the Purchaser may came the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the purchaser and its contractors of any her farm all liability and cldrus of any nature resulting from the performance of mch week. This releae shall apply even in the event of fault of negligence of the party released and shall extend 10 the directors, officers and employees of such an,. The Seller's nsmrauml obligations, iWitoreg warranty, shall not be deemed I. be reduced, in any way, because such work is perfumted or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required louse any design, device, material or process covered by letter, patent, trademark or copynghl, me Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such pointed design, desire, material m process in connection with the coat rmt. and shall indemnify the Euehaer for any cost expense or damage which it may be obliged to pay by reason of smh infringement at any time during the parsecrtion or after the complinion of Ne work. In case said equipment, or any pan thereof or the intended me of the good, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and in its option, either procure for the Purchaser the right to continue using said equipment or pus, replace the same with substantially equal but mountain, equipment, in modify it is it became, noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or comae for any of she Sellers property or business, this order may forthwith be canceled by Or Purchaser without liability. 16. GOVERNING LAW. The defnitiom oFri. used or the interpeution of the ageemem and fie rights of all parties hereunder shall be communist under and governed by fe laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform weak harewdeq including the services of Sellers Representative(s), on the premiss of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's we risk mail the same is fully completed and incepted, and shall, in se of my accident, destruction or injury to the work andinr materials beam Sellers final completion and acceptance, complete me work at Sellers own expense and as the satisfaction of the Purchaser. When mmedak and equipment art famished by ohers for installation or section by Ne Seller, the Seller shall receive, glen store and handle same at the site and become responsible therefor as though such materials readier equipment were bcingmaintained by the Seller miler the owe. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including mcupmloml disease benefis, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependent in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public habiliy insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 for my one accident and property damage limit per incident of S400,000. The Seller shall likewise minds: his contractors, if any, to provide (m such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premiss of others, the Seller shall furnish the Purchaser wif a cenifcam that such compenation and insurance have been provided. Such cenificmm, shall specify the date when such compensation and imtlmmKe have bsren provided. Such cenif care, shall specify the date when such compensation and measure expirs. The Seller agrees that such compensation and insurance shall be maintained mtil after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assums the entire responsibility and liability for any and all damage, lass or injury of any kind or nature whatsoever to persons or property caused by or resulting form the execution of the work provided for in this purchase order or in comemlon herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employer from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or properly ra which the Parchatt may be put or subject by raven of my act, action, neglect, omission or default on the pan of the Selle, my of his contractors, or my of the Sellers or contractors officers. agents or employ=& In case my suit or other proceedings shall be brought against the Pureba , or its offcers, agents or employees at my time on account or by reason of any act action, oegler, omission or default of the Seller of any of his contractors or any of its or their officers or employ=s as aforesaid, the Seller hereby Won to assume Ne defense Ner=f and to defend the more m he Sellers own expense, to pay any end all roses, charges, am mays fees and enter expenses, any and all jed,romm that may be incurred by or obtained against the Purchaser or any of its or 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 fie Purchaser, or said parties in or w a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall coke all safety prucautions, furnish and mush all guard n=ssary 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 VD0 and all roles and tegulatiom issued partunr Hereto. Revised 07Q014