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HomeMy WebLinkAbout107722 NEVE'S UNIFORMS & EQUIPMENT - PURCHASE ORDER - 9144807PURCHASE ORDER PO Number Page City. of PURCHASE 44807 1 of z Flirt Collins( This number must appear �_\V`I ` V " on all invoices, packing sli s and labels. Date: 08/19/2014 Vendor: 107722 NEVE'S UNIFORMS & EQUIPMENT 5120 OSAGE ST SUITE 200 DENVER CO 80221 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 08/19/2014 Buyer: DOUG CLAPP 1kr-M Line Description Quantity UOM Unit Price Extended Ordered Price Stinger DS LED Flashlights 1 LOT LS 5,258.49 rerf. invoice# LN-299576 dated 7/28/12 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 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 exemptions, By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6180589 is registered with the Capetian of Failure of The Purchaser to insist upon strict pert manse of the term and conditions hereof, failure or delay to Internal Revenue, pence, Colorado (Ref Colomdo Revised Simms 1973, Choice, 39-26, 114 (alm exercise any rights or remedies 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 of the design, shall ao release the Solicit of Goods R jatd. GOODS REJECTED due to failure to meet specificmio ou either when shipped or due to defects of any of the exammles or obligations of this purchase order and shall not be dketacit a waiver of any right of the damage in tracuL may be remmed to you for credit and are not to be replaced except upon receipt of vainen purchaser To iasm upon inner perfommnen M1ereofor my of its rights or mndirs as to any such gook, regardless instructions from the City of Fort Collitau of when shipped, received or amplatd, as to any prim or subsequent default hereunder, nor shall any purported ore[ modification or reuissron of This purchase order by the Purchaser operate ss a waiver of any of the turns Inspection. GOODS arc subject To the City of Fart Collins inspection on omv il. hereof. Final Acceptance Receipt of the merdmndL,c. services or equipment in response to this ordu can r esult is 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pact of the City of For Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust nfor ACCEPTANCE is dependent upon completion of all applicable requital inspection procedures. violations ore in fact home by the Purchase, Theretofore, good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any ad all claims it may now have or hereafter Freight To.. Shipments must be IrO.B., City of Tom Collins, 7W Wood St, Fon Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the Particular gook or services otherwise specified oa this order. Upemksim k given to prepay freight ad charge separately, the original freight purchased or acquired by the Proximate pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. hm'ecumbering in us pans,the rarely, sM1ipmentn manution ShipmentDisunite.fl Ifentam,adPurchaser on by the thermmmcr nonconforming or debilityve goods byadess m be normsrc rI arm m destination, and excess frcagM will be dedncrd diem Invoice wM1rn expected from the nearest distribution ad complyadu heeckrhed Purchaser its inability or unwillingness m comply, the Purchaser Purchaser end the Seller, and the SellerthereafterThe ce. shipments ere made from granter distance. most eximpes may cruse the work to char.performed by the most expeditious meam available m in, and the Sdia shall pry all coins associated with such work. Pemik. Seller shall prepare at sellers sole zest all necessary permits, scrofirdes litical rNuired all r P subdivision w taus, regulation, ordinances hers m political state, municiic The Seller shall release the Pumfouc and its cuntmctors of any tier form all liability and claims of any nature lythe aut oriryory having jurisdiction over the work y o public ionr h work the work is pehformN, or pointed by any order duly dom work I mulling form The perfomwa ofsuch work. leer four all vendor. Sella further agora To hold the City of Fort Collin M1f f and Tom ry and loss egaimt im, s archu awned by them by mien of an asserted or established] violation of any such laws, regulations, ordianca, roles in This shall apply even es the event of fault of negligrnce of the pony rtlrssdd ashall extend To the and mluiremenn. or , o director,olTicers and employers ofsuch party. Authorization. All parties m this readout agree that the representatives are, in fact, bona fide and possess full and complete authority a bind said parties. LIMITATION OF "TERMS. This Purchsse Order expressly limits arompance t0 the terms and conditions stated herein set forth and any supplementary or additional morm and conditions amexd herem or incopomred herein by reference. Any adirioul or different terra and conditions pmpesd by seller are objected to and hereby jectd. 2. DELP ERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery Aare as noted. Time is of the essence. Delivery and perfmmce most he etTemed within the time slated on the purchase order and the doennnats attached hereto. No Is of the Pumbaces including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event affirm delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding The Seller liable for damages. However, the Self shall not be liable for damages as a result of delays due to muses not reasonably foreseeable which are beyond its reasomble central suit without its fault of negligence, such acts orcod, acts ofeivJ or, milimry authorities, govemmenml priorities. Breit, strikes, Road, spidemies. wars m note provided nhan Seller fire of the cmdnmn causing such delay k given m the h delay, t within five (5) days of elm time what the Seller first recelvd l owletlge thereof. In the event a dray such ddag the date of delivery shall be extended for the period equal To the time actually lost by reason attic delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order Will conform with applicable drawings, specifications, samples mayor other deunp9ore given, will be fit for the purpmea imeod Laund performed with the highest degree of cart and comlaomin, in accordance with accepted standards for work of a similar nature. The Seller agrees to hold due purchaser harmless form any loss, damage Or expense which the Franchiser may suffer or incur on account of the Sellers breach of w'amnry. The Seller shall replace. repair or make good, without evil to the purchaseq any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the mars of any applicable wamnty provided by the Seller after the data of acceptance of the goods furnished hereunder mcceptance not to be unreasonably deloyd), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except is, otherwise provided in this purchase order, the Sellers liability hereunder shall extend mall damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in m event include loss of prefer 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 ro legal corms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any than., In the terms, nrher than legal access, includig naddition, to or deletions Omni the quamities originally ordered in the specilien ion or drawings, by erbal or winner change order. If any such change affects the amount due an the time ofperfomrmve hereunder, an equitable adjustment shall he made. &TERMINATIONS. The Purchaser may at any Time by written change order, Imamate this agreement as to any or all portion of the goods then not shipped, subject to nay Nuilable di cannot between the Forces as m any work or materials Then in progress provided that the Purchaser shall not be liable for any claims for anticipated profrs on the Uncompleted portion of the goods :neVor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers mad.nd stock. No such termination shall relieve the Purchaur in the Seller of any ofthri, obligations as To any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days room 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 1'umishd in strict nmpliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may p requird to effect or evidence compliance. All laws and regulatiom ox,mood to be incorporated in agreements of This character arc hereby mourporaled herein by this reference. The Seller agrees to idmemnify ad hold the Purmxser harmless from all costs and damages suffod by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, domfers or convey this order, or my monies due or m become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrmta full, clear pd Unestricted title to the Pormaer for all equipment, mammals, ad items famished in projecausence of this agreement have, and clear of any and all liens, restrictions, re,weratiors, sectuiry inremt mcambrences and claims crude.. The Sellers contractual obligations, including varroul. shall not be deemed to be related, is any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is rtquired ro use any design, device, material or process covered by letter, parmt, trademark Or copyright, The Seller sbull indemnify and save hornless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, mererial or process in connection xtith The contract, and shall indemnify the purchaser for any cost, expense or damage which it may he obliged To pay by reason of such infringemem at any rime during the prosecution or after the completion of The work. In case said Nuipment, or any pan thereof or The intended use of the goods, is in such suit held To exnstind, inGngemem and the use of said No pirom or part is enjoined, the Seller shall, at its own expense and at its option, either procure or the Punctuator the right to continue using said equipment or tons, replace the some with substantially equal but mainMnging rquipmrnt, or modify it m it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall became insolvent or bavlaupr, he an assignment for the benefit of creditors, mi min is receiver or trustee for any of the Sellers property or business, This order may foul be anceld by The Purchaser without liability. 16. GOVERNING LAW. The definitions of Terms used or the inept anon W the agreement and the rights of all parties hereunder shall be co ex med under and govemed by,the mass of The State of Colomdo, USA. The following Additiowl Conditions apply only in cases where The Seller is to perform work hereader, including the services of Sellers Re tare nanve(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall eery as said work at Sellers own risk On the same is fully ema,let d and accepted, and shall, in se of any accident, destruction or injury to the work anyor mmennls before Sellers Gnat completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller sba11 rtceivq unlerd. snort and handle same al The site ad become rapomible therefor o though such materials and/or em pmat seem being famished by the Seller order the order. 18, INSURANCE. The Seller shall, at his own expense, provide for the p rProod of workers compnssvtion, including Occupational disease benefts, to its employees employed on or in connection with the work covered by this purchase order, anyor to their dependents in accordance with the laws of the sate in which the work is to Ix dean. The Seller shall also carry compachonive general liability including, but not limited to, contractual and automobile public liability inasursence with bodily injury and death limits of at lean 5300,000 for any one person SSW," lot any one accident and property damage limit per accident of Saog000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of ethers, the Seller shall Finnish the Purchaser with is mitifewre That such compensation and insurance have been provided Such ce tifialn shall specify the date when such compensation and imareare have been provided. Such emifrwrw shall specify the rate when such compensation and imurmce cxpim. The Seller agrees that such compensation and insurance shall be maintained until alter the entire work is complmed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility ad liability for any and all damage, loss or injury army kind or nature whals over to person or pmperry caused by an mulling from The execution ofthe work pmvided for in This purchase order or in conrrcmion herewith. The Seller will indemmy ad hold harmless the Purchaser and any r ell of the Purehzurs offcm, agents and employees form and againt any and all claims, losses, damages, chmgcs or experi whether direct or indirect, and whether to persom or property m which the Purchaser may be put or subject by teamn of any act, action, neglect, omission or default on The pan of the Seller, any of his contractor, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its affect , agents or employees at any time oa account ar by reason of any act. action, neglect, omission or default of the Seller of any of his contractors or any of its err their oficers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expe rm, to pay any and all casts, charges, attorneys fees and other expenses, my and all judim cots that may be incurred by or obtained against the Purchaser or any of in or their officers. agents or employees in such suits or other pmcecrimp, and is case judgment or other lieu he placed upon or obtained against The property of the Purchaser, or said parties To or as a haul, ofsuch suits or other proceedings, the Seller will or once ceeu the scone m be dissolved and diselargd by giving bond or otherwi,e. The Seller and his contractors shall take all safety precautions, famish and instill all gmrds necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Germatiod Safety and Health Act of 1970 and all rules and regulations exsued pursuant thereto. Revised 0912014