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HomeMy WebLinkAbout104378 CUES INC - PURCHASE ORDER - 9144623Fort Collins Date: 08/11/2014 Vendor: 104378 CUES INC 3600 RIO VISTA AVE ATTN: PAUL STENZLER ORLANDO FL 32805 PURCHASE ORDER PO Number Page 9144623 10f2 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: 08/11/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t PER QUOTE DATED 7/23/14 FINAL ITEMS FOR VIDEO VAN 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.00m 1 LOT LS 16,490.00 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 L CO,MMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colmodo (Ref Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). Goods Rejected. GOODS REJECTED due to failure 0 .,in mu fic nios, either when shipped m, due to defects of Manage in trasit, may be returned to you for credit and am not to he replaced except upon receipt of written insuuclions from the City of Fon Collins_ Inspection. GOODS are subject to the City of Fort Collins inspection on amhvl. Final Acceptance. Receipt of the merchandise, services or equipment in respome to this order can result in authorized payment oa the part of the City of Fort Collins. However, it is to be, understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City Of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge mparemly, the original freight bill muss accompany invoice. Additioal charges for picking will not be accepted. Shipment Promote. Where manufacturers favor distributing points in sunios pans of the country, shipment is expected from the nearest distribution point to destitution, and excess freight will he deducted from break, when shipments are made fmm greater distance. Permits. Seller shall procure at sellers sole mat all necessary permits, cenifcas and licenses required by all inmorable Incas, regulmions, mnfinences and tales of the state, municipality, mmmry, or pcllfical subdivision where the work is performed, or required by any other duly marinaded public authority having prediction over the work of vendor. Seller umber agfee, m M1Wd the City of Fort Collins hamdess from and against all liability and loss incurred by them by reasonm of as normal or established violmion if my such laws, regulations, ordinances, vice, end requirements. Authorization. All parties to this contract agree teal the apreunutives are, in fact, bow fide and possess full and complete auditory to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the emu and conditions stated herein set icon and any supplcm emary or additional team and conditions annexed hereto or incorporated herein by reference. Any additional or different terms it condilions proposed by settle, or objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be elfeemd within the time sorted on the purchase order and the documents attached Meta. No acts of the Purchasers including, without limitation, o,agmnce alarmist line deliverries, shall operate as a waiver ofthm provision. In fine event ofany delay, the Purchaser shall have, in addition to other legal mid equitable mnedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes or reasonably foreseeable which art beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorifies, fires, strikes, flood epidemics, wars or riots provided that nor,, 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 ofany such delay, the date of delivery shall be extended for the period equal m the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, ankles, materials and work covered by Nis order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be f for the purposes intended, and performed with the highest degree of care rust compete. in accordance with ncnpled standards for work of a similar mature. The Seller agrees to hold the par user harmless from any loss, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach of wamanty The Seller shall replace, repair or make good, without cost to the purchau, any detacm or faults arising within orm,H) year or within such longs period of time as may be prescribed by law or by the terms rf any applicable worrvny provided by the Seller offer the date of acceptance of the goods banished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials finished by the Seller. Acceptance or use of good by the Purchaser shall not c romm re a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend m all damages pmximamly mused by the breach ofany of the foregoing warmmies or gumameas 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 written change order. ' 5. CHANGES IN COMMERCIAL TERMS. The Pachaser may make any changes to the hemR, other than legal terms, including auditions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. b. TERMINIATIONS. The Pumhsser may In any time by written change order, terminate this agreement as to any or all pmtio of the good Then no, shipped, subject 1m any equitable adjustment ber eam the ponies as to any work or memriaksHim in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gods andor work, for incidental or consequential damages, and that no such adjustment be made in Liver of the Seller with respect to any goods which am the Sellers standard stock. No such narration shall relieve the Purchaser or the Seller of my oftheir obligations s to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thin, (30) days fmm the dam B¢ change or saturation is ordered. 8. COMPLIANCE W ITH LA W. The Seller .1, Nor all goods sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject, The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations requital to b, nexamoned in agreements of this character are hereby incorporated herein by this reference. The Seller agree to indemnify and hold the Purchaser harmless from all costs ar l damages suffered by the Purchaser as a result of Me Sellers failure to comply with such low. 9. ASSIGNMENT. Neither perry shall assign, vasfn, or convey, this order, or any monies due or to became due hereunder vertical the prior waxnen comsat of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted idle a the Purchaser for all equipment, materials, marl items famished in performance of this agreement, free and clear of any and all liens, mountains. reservations, security interest encumbrances and claims orations. I I. NONWANER. Failure of the Purchmer to insist upon strict Performance of the terms and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to pmnrptly notify the Seller in the event of a breach, Me acceptance of or payment for goofs hereunder or approval of the design, shall notreleuse, the Seller of any of the wanantia or obligations of this purchau order and shall tat be deemed a waiver of my right of the purchaser to insist upon strict Performance hercofor any of its rights or remedies as to any such good, regadleca of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned mail modification or rescission of Otis purchase ode, by the Purchaser operate as a waiver of any of ❑e emu hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in acntal economic practice, overcharges resulting from antitrust violnions are in fact beme by the PowlasT a. heretofore, forgoodcause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under tactual or state anti.,, laws fur such overcharges relating to the particular goods or services purchased or acquired by the Purchoser pursuant to this purchase Order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dinects,ha Seller le contest nonconforming or defective good by a date to he iquard upon by the Franchise, and the Seller, aM the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may, cause the week as be pafarmN by the most expeditious memo mailable to it, and the Seller shall pay all costs asmermed with such work. The Serer shot[ mI me the Rnemse, and it, contractors of any tier fmm all liability and claims of any nature resulting from the performance of such work. This release shall apply eon in the event of fault of negligence of the parry released and shall moral to the directors, officers and employees of such pony. The Sellers mmaiclual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be 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 Seller shall indemnify and save harmless (lie Purchaser from any and all claims for infringement by reason of the use of such ryaimed design, device, material Or process in connection with the contract, and shill indemnify the Purchaser for any mot, expense or damage which it may be obliged to pay by maven of such infringement at any time during the p..an.. or ante, the completion of the work. In case said equipment, or any pan thereof or the intended use of the grad, is in 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 Frocurt for the Purchmer the night m turnover using said ryuipmen or pros, replan the same with substantially equal bur noninGnging equipment or modify it so it becomes nominGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpl, make an assignment for the bene0t of creditors, appoint a raciva or , an tee for y of the Sellers pmbwith pcity or business, this order may fobe contacted by the Purchaser without liability. 16. GOVERNING LAW. The definition oftemu usual or the interpretation of the agreement and the rights of all panic, hereunder shall be cos.ed muter and governed by the lass, of the Same of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is as Fatima work hatursda. including the services of Sellers Representative(s), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's Own risk until the same is fully completed and accepted, and slid 1, in use of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance. complete the work at Seller's own expose and as Me satisfaction of Her Purchaser. When materials and equipment arc fmished by others for installation or erection by the Seller, the Seller shall receive, unload, store aed haMle mine at the site and become mince le therefor as though such materials maker equipment were being famished by the Seller under Me oiler. 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, andor to their dependents in accordance with the laws of the state in which the work is to be dune. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public IiabiliN i rsurmae with bahily injury and death limits of at lest S30Q000 for any one person. 4500,IXp for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, Harry, to provide for such compensaion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a nnificam that such compensation and insurance have been provided. Such cenifcates shall specify Me date when such compensation and ismorm have been provided. Such cenificams shall specify the date what such compensation and insurance expires. The Seller agrees ,har such compensation and insurance shall be maintained until after the attire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asume, the entire responsibility and liability for any and al I damage, loss or i jury of any kind r nature whatsoever to Persons or property caused by or resulting from Me execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnity and hold harmless the Pachaser and any r all of Me Purchasers oRcens agents and employees firm art agaist any and all claims, losses, damages, charges or exposes, ,hMer direct or indical, and whether to person or propmy to which the Purelaaser may be put or subject by meson of any act action, neglect, omission or default on the pan of the Seller, any of his mntimers, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees an my time on seamen or by reason of any act, action, raglan, omission or default of the Seller of any of his contractors or any of ifs or ,heir officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defese thereof and to defend the tame al the Sellers own aperim,,a Pay any and all are, charges, arm-,, fees and offer expenses, any and all judgment[ that may be incurred by or obtained against the Purchmer or any of its or their efticers, agents or employes in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained agaist the pmpay off Pacbser, or said pones in or as a result of such suit[ or other proceedings, Me Seller will at onee cause the same to be dissolved and diuhangal by giving bob or otherwise. Thor Seller and his contractors shall take all safety Franchous, famish and ismll all guards macamry for the prevention of accidents, comply with all laws and regulations with regard to rotary including, but without limitation, foe Occupationed Safety and Health Act of 1970 and all nines and regulations issued pursuant thereto. Revised 074!014