Loading...
HomeMy WebLinkAbout491280 ELSTER SOLUTIONS LLC - PURCHASE ORDER - 9144686Fort Collins Date: 08/13/2014 Vendor: 491280 ELSTER SOLUTIONS LLC 208 S ROGERS LANDE RALEIGH NC 27610 PURCHASE ORDER PO Number Page 9144686 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 08/12/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price I ELECTRIC METER; FORM 12S 90165540 90165540 480 EA METER, ELECTRIC REVENUE, ELECTRONIC, FORM 12S, NETWORK, TA30, CLASS 200, 96-144V, SERVICE DISCONNECT SWITCH RATED FOR 200A LOAD -BREAK OPERATION AT 108-144V, ZIGBEE RADIO FOR HOME AREA NETWORK APPLICATION, LEXAN COVER. FOR USE IN SINGLE PHASE RESIDENTIAL OR COMMERCIAL APPLICATIONS AND ABLE TO CUMMUNICATE WITH ELSTER ENERGY AXIS AMI SYSTEM ELSTER SOLUTIONS, FC12SRex2Opt1; ZF5WKAB0000 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.wm flF-i.I r r' Total Pay terms net 30 days Invoice Address: 60,902.40 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCDM,DETAILS. Tax exemptions. By statute the City of Fog Collins is exempt from stare and local taxes. Our Exemption Number is 98-04502. Fderal Excise Tax Exemption Certificate of Registry 84-6000587 is registemd with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due In failure to meet spocif came, either when shipped or due to defects of damage in transit, may be reported to you for credit and we not to be replaced except upon receipt of written instructions from the City of Fog Collins, Inspection. GOODS art subject o the City ofFon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or ryuipment in response to this order can mull in authorized payment on the part of the City of Von Collins. However, it as to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Theigh letns. Shipments must be TO City of Fort Collins, )W Wood Sr., Fog Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most arrangers invoice. Argonaut chages for working will not be accented. Shipment Firestone. Where manufacturers have distributing points in various parts of the country, shipment is expetled from the nearest distribution point to destitution, and excess freight will be deducted foam Invoice when shipments arc made foam goner distance. Fromm. Seller shall procure at sellers sole cost all necessary perrni., certificates and licereas required by all applicable laws, regulating , ordinances and rules 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.,. Seller higher agars to bald the City of Fog Collins harmless form and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Autheringion All parties to this contmer agree that the representatives are, in fact, bona file and possess full and omplete auhgdty to bind said panics. LIMITATION OF TERMS. This Purchase Order opessly limits acceptance to the tams and conditions stated herein set Roth and any supplementary an additional in. and conditions anamord hereto or imcomara¢d herein by refesentt. Any additional or different tams and conditions proposed by seller me objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediurly if you cannot make complete shipment 1. arrive on your promised delivery date as noted. l ime is of the essence. Delivery and performance must be effected within the time dotal on the purchase order and the docmnens attached hereto. No aes of the Purchasers including, without limibum., acceptance ofpaniul Ire deliveries, shall operate as 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 order elsewhere and holding the Seller liable far damages. However, the Seller shall not he liable for damages as a it of delays due to Carus nod musombly foreseeable which — beyond us ..able control and without its fault ofnegh'i nee, such acts of God, was ofeivilm military authorities, governmental promiss,fares, strikes, Rood, epidemics, oars or riots provided 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 he extended for he period equal to the time actually lost by reamn of the delay. 3. WARRANTY. The Seller warrants that all goods, strides, materials and work covered by his order will conform with applicable drawings, specifications, samples andor other descriptions given, will be fit for the purposes intended, and performed with he highest degree of care and competence in accordance with accepted standard for work of a similar mime. The Seller agrees I. hold the purchaser legal. foam any loss. &..,I or expose which Ne Purchaser may sulf or gaining account of the Sellers breach of wamduly. The Salle shall replace. repair or make good, without cost to he purchase, any defects or faults wising within one (1) year or within such longer period of time as may be praw ibcd by law or by he rem¢ of any applicable warranty provided by he Seller after the doe of acceptance of he goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials froished by the Seller. Acceptance or use of goods by he Purchaser shall not continuum a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liable lty hereunder shall extend to all damages proximately caused by the breach of any of the f sagging 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 tams by whin change maker. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to rise terms, other than legal terms, including additions to or deletions foam rise quantities originally ordered to We specifications or dmwinys, by verbal or written change order. If any such eh:mge a Eta the anmun Wue re he time ofpedcanow. Eueunden an equitable adjustment shall be mad.. 6.TERMINATIONS. 'f he Purclusewr may at any time by woman change order, mrminm, this agmemcnt as or any a all ponams Write good then of shipped, subject to any equitable adjustment bstomen the parties na to any work or materials then in progress prom, d that he Pardexer Shan not be liable for any claims for anticipated profits on the atcomplwed pomon of the good aallor wok, for incideaml or consequential damages, and that o such adjustment be made in favor of he Seller with respect to any goods which art the Sellers standard stack. No such Termination shall relieve the Purchase or the Seller of any affair obligations u many good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjushnenl most be asserted within hairy (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder, shall have been produced said, delivered and famished in grid compliance with all applicable laws and regulations to which the goods as subject The Seller shall execute and deliver such dommants as may be required m effect or evidence compliance. All laws cord regulations required to be incorporated in agreements of Ibis character arc hereby mentioned herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cons and damages suffered by the Fenimore as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe office parry. 10. TITLE. The Seller commands full, clew end unmtricted tine to the Purchaser, for all equipment, matmals, add items famished in performance of his agdremem, free and If. of any and all liens, migraines. desert dins, security interest encumbrances and claims of orders - 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay, to 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 goods hereunder or approval of the 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 fa eofor any of its rights or anomalies as to any such goods, regardless of when shipper received or accepted, as to any prior or subsequent default hereunder, nor shall any pmnpoged coal mafflustio t or rescission of this purchase order by the Puahaur operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and he Purchaser recognize chat in actual a is powder, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theremfore,nfor good cause and as consideration for executing Ibis purchase mdea the Seller hereby assigns to the Purchaser any and all claims it may now have or Tanager acquired under federal or state antitrust laws for such aveaharges relwing to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seiler to reduced uogconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Sellef thruster indicates its inability or unwillingness to comply, the Purchaser cony cause he work to be performed by the moss expeditious means available m it. and the Seller shall pay all emu associated with such work. The Seller shall release the Purchaser, and its contractors of any it,, foam all liability and claims of any natme esniti.g foam the performance ofnud, work. lbis release shall apply even in the event of fault of negligence of the party released and shall extend to the duccmts, effects and employees al such party. The Sellers contractual obligations, including watmnty, shall not be deemed to be reduced, in any way, because such wok is perfomrd or wnseA to be performed by the Purchaser. 14. PATENTS. Wheneer he Seller is required to use any design, device, mated.) or process covered by left,,, pmrnt trademark copyright. he Seller shall indemnify and save harmless the Purdsom, from any and all claims for infringement by reason of the use of such patented design, device, mamrial or process in connection with the contract, and shall indemnify the Purcharr, For any cost, expense or damage whielt it may be obliged to pay by reason of such infringement at any time during the prosecuting or aver the completion of the work. In lase said equipment, or any pm hereof or the intended use of the good, is in such sail held to constitute infringemem and the use of said equipment or pan is enjoined, the Seller shall, at its own expose and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replwe the same with substantially equal but noninGoging qulpmenl, or modify it so it becomes nonlnGnging. 15.INSOLVENCY. If he Seller shall become iasolverdt or bankrupt, make an assignment for he benefit of rredimrs, appoint e or trustee for any of the Sellers progeny or business, Ibis order nay forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall parties hereunder shall be wmtmed under and governed by he laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereaWer, including he services ofSaHmx Immearnmlive(s), on he premises ofoall .. 19. SELLERS RESPONSIBILITY. The Seller stall carry oa said we& at Sellers gun risk until the same is fully completed and accepd, and shall, in e of any accident, destruction or injury to the work and'or materials before Seller's final completion and acceptance, complete the work at Settees own expense and to the satisfaction ofthe Purchaser. When materials and equipment are Iumished by others fir iosullmo n or erection by the Sell,, the Seller shall receive, unload, store and handle same at the site and became responsible thertfor as though such materials arbor equipment were being fanishd by the Seller wrier me order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of wokers compensation, including eveupatiooal do. benefits, m its employees employed on err in romedima with she work covered by his purchase order, Infer to then dependents in mcord.nnce 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 a, contractual and automobile public linbil its insurance with usably injury and death limits of at long S300,000 for any one proom. ssaw.0.M for any .or occident and property damage limit per accident of $400.000. The Seller shall likewise require his if any, to provide fir such compensation and in an e. Before y of the Sellers a, 1- contractors employees shall do any work span the premises of others, the Seller sball fitmish the Purchaser with s ceniticate that such compensation and insurance have been provided. Such caf firmas shall specify the date when such compensation and immonce have been provided. Such certificates shall specify the dare when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until oiler the erne, wok is completed and amrpled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby azsuma the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to peroas or property caused by or resulting from the execution of the work provided for in this purchase order or a, connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of he Purchasers officers agents and employees from and against any and all chims, dowses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or containers officers. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its otfcen, aging. or employees at any time on -crowd or by reason of any act, action, action, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defines, thereof end to defend he same at the Sellers own expense, W pay any and all costs, charges, mtomeys fees and other expenses, any and all judgments 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 caw judgment or other lien be placed upon or obtained against the property of the Purchase, or said parries in or as 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 winning. The Seller and his contractors shall take all saRry precautions, famish and install all guard necessary for the prevention of .aide.., comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant hereto. Revised 072014