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HomeMy WebLinkAbout449502 KUBRA DATA TRANSFER LTD - PURCHASE ORDER - 9140762 (2)Fort Collins Date: 08/18/2014 Vendor: 449502 KUBRA DATA TRANSFER LTD 5050 TOMKEN RD MISSISSAUGA ON L4W 561 PURCHASE ORDER PO Number Page 9140762 1of2 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: 08/15/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to add additional 1 LOT EA 33,000.00 funds. Per requisition 47878 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 Conditions Page 2 of 2 1. COMMERCW.DEfAILS. Tax exemptions. By suture the City of Four Collins is exempt fmm suite mat Imal taxes. Our Exemption Number is 11. NONs(AIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84r60v0589 is registered with the Coll., of Failure of the Purchaser la insist upon strict performance of the It. and mMitions hereof, fmlme m delay to late..] Revenue, Denver, Colorado (Ref Colorado Revised Statates 1973, Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure d promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due m fail. se meet specifications, either when shipped or due to defects of any of the war ands or obligations of this purchase order and shall oar be deemed a waiver of any right of the damage in nansit. may be reduced to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon mist pMonnance hereof., any of its rights or Prouder as to my such goods, regardless introvert.. fmm the City of Fart Collins. of whom shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purpaned om1 modifimtim m rescission of this pumhersc order by the Puncheon mare. re a waiver of any of the is. Inspection. GOODS arc subject o the City of Fa Collins inspection on amval. hereof. Final Acceptance. Receipt of the merchandise, services or ryuipmem in respP.e In this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. outhonsed command on the pan of the City of Port Collins. However, it is to be understood that FINAL Seller and the Purchaser recognlx that in actual , comic practice, overchvges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact brute by the Purchaur. Tinderbox, for good ruse and as co.ldemtim for exemtiry, this purche. order, the Seller hereby sigma to the Pumh.er my and all claims it ray now have or hedzfler Freight Terms. Shipments am, be F.O.B., City of Pon Collins, 700 Wood St, Tom Collins, CO 80522, unless acquired under federal or stale antiwst laws for such overcharges relating to the pmicular goods or services otherwise specified on this orderl fpennisim is given .prepay freight and change separately, the original freight purchased or acquired by the Purchaser pursuant in this purchase order. hit I rude accomoanv invoice. Additional shared, for oackine will not be executed. Shipment Disturn, Where manufacturers have distributing paints in a..parts of the country, shipment is expected fmm the nearest distribution paint in destitution, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permit, certificates and licenses require by all applicable laws, regulations, ordinamea and miss of the slide, municiWlity, territory or political subdivision where the work is performed, or required by my other duly combined public unborn, having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins harmless from and against all liability and loss incurred by them by reusan of an sided or established violation of any such laws, regulations, ordinances, miss and requirement. Authorization. AIL ponies to this contract agree thal the repres indam . ate, w fact, band file and possess fall and complete suthmry to bind said parries. LIMITATION OF TERMS, This Purchase Order expressly limits nceptmce to the tenors and conditions stated herein set forth and any ci,lemmtar, n, additional mom and conditions annexed hered, or mrr.rpnnned humid by reference. Any additional or different terms and conditions proposed by Belle, am objected 1. and hereby,ejeeted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as notedlime is ofthe essence. Delivery and performance must be efec ed within the time stated on the purchase order and the documents attached hereto. No errs of the Purchasers including, without limitation, accepance of partial late deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to other legal and exportable remedies. the option ofplacwg this order elsewhere and holding the Seller liable for damages. However, She Seller shall trot be liable for damages m a result of delays due to causes not reasombly foreseeable which are beyond its reasonable mewl and without it fault of negligence, such acts of God, is of civil or m hour, authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) Jays of the time when the Seller first received knowledge thereof In the event of any such delay, the dare of delivery shall be extended for the period ryml to the tine, actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the proposes intended, and performed with the highest deduce of core and competence in wroNance with accepted standards for work of a similar suture. The Sell, agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purehaur may turbine, incur on account of $e Sell® breach afo dranry. The Seller shill replace, repah o, make good, without cost to the purchaser, any def ts or fault msing within one (1) year or within such longer peered of time as may be prescribed by law or by the temps of any applicable waranry provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work don or mnerials famished by the Seller. Accepance or are of good by the Purchasr, shall not dnsfmm a waiver of any claim under this wmnday. Except as otherwise provided in this purchase Pull the Sellers liability heremWer shall extend m all damages pmximmely coused by the breach of any of the foregoing warantie or guarantees, but such liability shall in no event include loss of profits or lass of ass. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OP FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. Tim Purchaser may makechanges to legal terms by written change order. ' 5. CHANGES IN COMMERCIAL TERMS. The Purchaser, may nrtke any changes to the terms, tuber than legal tenor, including additiers as us deletions front the quantities originally ordered in the specifications or drawings, by veAal or written change order. If my such change affect the amoral due or the time of performance hereunder, an equitable adjustment shall be made_ 6. TERMINATIONS, The Purchaser may at any time by wrinen change mar. terminate this agreement as to any or all pinions of the goods then not shipped, subject to any equitable adjusthnenl between the parties as to any work or materials then in prdgrs provided that the Purchaser sludl not be liable for my claims for anticipated profits on the uncompleted portion of the good .Nor work, for incidental or consequential shameless, and that era such adjustmenm W made in favor of the Seller with —putt 1. any goods which —rote Sellers standard stark. No such irrmiwtion shall relieve the Purchaser of the Seller of any offirm, oWigaliomas m to any dreds delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the dad the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all grad sold hereunder shall have been produced, sold, delivered and burnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and &diver such documents as may be required to eft t or evidence compliance. All laws and regulations required to be reconfirmed in agreement of this clvmaa, are hereby incorporated herein by Nis reference. The Seller agrees to indemnify a,N held the Purchase, harmless fora all cast aad damages mif vat by the Purchaser as n much of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall sign, design, or convey this order, or any monies due or to become due hereunder without elm prior written common ufthe other puny. 10. TITLE. The Seller warrants full, clear and unrestricted title in the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of my and all lien, manictime, mourmarom, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS - Ifthe Putcbcour dimms the Seller to correct nonconforming or defcrive goods by a date m be agreed upon by the Purchaser and the Seller, and the Suite, thereafter indicates its inability or unwillingness to comply, the Pumhaur may cause the work to be performed by the most expedifims means available to it, and the Seller shall pry all costs associated with such work. The Seller shall release, the Purchaser and its contractors of my tier form all liability and claimms of my nature —ulfng form the per( ice crunch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seriels command obligations. including wartanry, shall rat he deemed to be reduced, in my way. Location, such work is performal or a uud W be performed by the Purchaser. 14. PATENTS. Whenever the Seller is rryuired to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall iMemnify and save harmless the Purchaser from any and all claims for arrangement by reason of the use of such patented design, device material or process in connection with the contract and shall indemnify the Purchaser for any cost, expense ar damage which it may be obliged d pay by reason transit infringement at my time during the Prosecution or after the completion of the work. In eau said equipment, or any pan thereof of the intended use of the goods, is in such soil held to consuilme infn'ngem,n nod the use of said equipment m pan is enjoined, the Seller shill at its own expense and at its option, either procure for the Purchaser flue right to continue using said equipment or pans. replace the same with substantially equal but noninGtnging equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions disarms used or the interpretation ofthe agreement and the rights ofall ponies hereunder shall be construed under and govumed by the laws cribs State of Colorado, USA. The following Additional Conditions apply only in Posts where the Seller is to Mrs. work he .and,, including the services of Sellers Represenmtimbab on the premise ofoders. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of my accident, destruction or injury to the work mNor materials before Sellers final completion and cumber ce, complete the work in Sellers own expense and to the satisfaction of the, Purchaer. WTm mmmaB and a uipmrnr are fiunthed by others for installation 0, section by the SEII., the Seller shall receive, .load, store and handle same at the site and become, responsible therefor as though such materials mdror ryuipmem were being famished by the Seller under the order. 19. INSURANCE. The Sell, shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on an in transaction with the work covered by this purchase oNer, enNor to their dependent in accordance with the laws of the sand in which the wad is to be done. The Seller shall also carry comprehensive gm ml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit of at least 5300,00) fur any one person, S500,000 for my one accident and property damage limit per mddent of S40dJ001 The Seller shall likewise require his mntmndrs, if my, to provide for such compensation and insurance. befort any of the Sellers or his contractors employees shall do my work upon the premises of others. the Seller shall f ish the Purchaser with a cMificam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such comparutiun and insurance shall be maintained until afer the same works completed anal acer oV1 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sell, hereby sums the enure rtspomibiliry and liability for any nod all damage, loss or injury of my kind or .rare whatsoever to Persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or th connection herewith. The Seller will imk anify anal hold harmless the Pumhaser and my m all of the Purchasers .Ricers, agent and employees fmm and against any and all claims, losses, damage, charges m expenses, whether direct or indi-4 and whether to persons a, property to which the Purchaser may be put or subject by reason of any on, action. neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agent or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oDlcers, agent, employees at any time on accouan or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their omcars, agent or employees as aforesaid, the Seller hereby agrees to assume the defense therm( and in defend the same in the Sellers own expense, to pay my and.11 cost, charge. attorneys fees and other expenses, my and all judgment that may be intoned by or obtained agai., the Purchaser, or my 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 ofthe Puchaer, or said patties in or as a result of such suits or other proceedings, the Seller will at once copse the same to be dissolved and discharged by giving bond or otherwise. The Seller and his mntmaon shall rake all safety precautions. famish and install all guard n,essary for the p—endon of ancldents, comply with all laws and regulations with regard m safety including, but without limiutim. the Occuparional Safety and Health Act of 1970 and all roles and rcgula,iors issue p.t thereto. Revised Man 14