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HomeMy WebLinkAbout500474 AGUSTUS S LEE - PURCHASE ORDER - 9144879Fort Collins Date: 08/22/2014 Vendor: 500474 AGUSTUS S LEE INTEGRENOMICS 1338 BRACKENRIDGE AVE DUPONT WA 98327 PURCHASE ORDER PO Number Page 9144879 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 08/21/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Forging Courgeous Org 1 LOT LS 5,861.79 Inv dated 6 August 2014 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:pumhasing@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. COMMERCGV.DET'AILS. Ton exemptions. By statute the City of Fan Collis e,exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98A1502. Federal Excise Tax Exemption Cenificam of Registry 84.6000587 is registered with he Collector of Failure of the Purchmer to insist upon strict performance of the team and conditions hereof future or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtutea 1973. Chapter 39-26, 114 (a). exemise 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 ofthe design, shall net releme the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defer of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the cl usage in transit, may be resumed m you far credit and are not to be replaced except upon receipt of wrimen purchaser to insist upon stria performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, eceived or accepted as to any prior or subsequent default hereunder, nor shall any purported oral mali fication or rescission of this purchase order by the Pumhasa create as a waiver of any of the isms Inspection. GOODS are subject o the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Ramps of the memhandix, amuses or ryimpmmr to response to this ruder can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhoriud payment on the pan of the City of Fort Collins. However, it ra to be understand that FMAL Seller and the Puahuer rmogoiu Nat in actual economic pmence, wea:hmgn resulting firm antitrun ACCEPTANCE is dependent upon completion ofall applicable required inspection procedura. eiolatiom are in fact brume by rise Pumhaser. Theraofre, for good come, and as consideration for executing this purchase order, the Sella hereby assigns to me Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.P., City of End Collins, Tdo Wood St, Fort Collins, CO 80522, unless acquired under lateral or spite antitrust laws for such overcharges relaring to the particular goods or services otherwix specified on this order. [I permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaer pursunnuo this purchase order. bill must accomoenv invoice. Additional chimes for oockinu will not be accented. Shipment Distance. Where mainufacturars have distributing points in us parts of the coury, ntshipment is expected from the nearer distribution Point to destitution, and excess freight will h deducted from Invoice when shipments are it, from greater dismnce. Permits. Seller shall procure at sellers sole cast all devessary pennies, certificates and licenses required by all applicable laws, regulations, admances and rules of the inter municipality, mriony or political subdivision where the work is performed, or required by any other duly cautioned public authorityleavingjuriWiction over the work of vendor. Seller further agrees to hold the Ciry of For Collins harmless form and against ell liability and loss inured by them by reason of an asserted or established violation of any such laws, regulations, ordinances, toles and ho ro meets. And uriaati m. All parties to this contract agree that fie represenueiva ate, in fact, bona fide and posxss full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions anted herein set north and any supplementary or additional terms and conditions annexed herein or incorporated herein by referee«. Any additional or different terms and coudmons proposed by seller are objected to amp hereby mjee'ed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyor cannot make complete shipment to arrive on yom promised delivery date in noted. Time is of the essmce. Delivery and performance most be effected within me time sated oa the Franchise order and the documents attached harem. No acts of the Purchasers including, without limindam, acceptance oriented late deliveries, shall operate m a waiver mf this provision. In the event army delay, the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this oiler elsewhere and holding the Seller liable for Aamages. However, the Seller shall not be liable for lumages as a result of delays due m causes tot reasonably foreseeable which are beyond its reasonable control and wifam its fault of negligence, such was ofGod acts ofeivil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of no time when me Seller first received knowledge mermf. In the event of my such delay, rise date of delivery shall be eMeraled for the penal egmI in the time actually lost by roan of the delay. 3. WARRANTY. The Sella wantons that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or omen descriptions given, will be in for me purposes intended, and performed with the highest degree of care and competence in accordance wim accepted standards for work of a similar tamps. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breech of warranty. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults arising wihin one (1) year or within such longs retied of time m may be presented by law or by the kmrs army applicable waranry provided by the Seller aRer the dam of acceptance of me goods furnished hereunder (acceptance not to the impracticably delayed), resulting fmm imperfect or defective work done or mmcrials famished by me Seller. Acceptance or use of goods by the Purah>er shall not ansuters is waiver of any claim under this waranry. Except as otherwise provided in this purchase once, me Sellers liability heremdst shall eatend mall damages proximately caused by me breach of any of the foregoing waaamies or gsurpro ea, bur such liability shall in an event wclude loss of profirs or lass of sex. 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 women change order. 5. CHANGES IN COMMERCIAL TERMS. The Parchasermay make any changes o the terms, other than legal terms, including additions to or deletions from the qumainesoriginally ordered in the specifications or drawings. by venial or women change order. If my such change affects the amount due or the time of laboratories hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any lime by written change order, terminate 'his agreanenu as to any m all paniom of me goods then not shipped, subject to any requitable adjustment between the parties as to any work or uatemis that th progress provided that the Purchaser shall not be liable for any claims for anticipated prams on 'he uncompleted portion arms good harbor work, for incidental or crosa mondial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which am the Sellers standard sock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assented within thirty (ID) days form the date me change or termination is orderer. 8. COMPLIANCE WITH LAW. The Seller waran s that all goods sold hereunder shall have been produced, sold delivered and thumbed in strict compliance wim all applicable laws and regnlatons to which the goods are fubjeeL The Sella shall execute and deliver such documents as may be rmuimed to effect or extreme compliance. All laws and regulations requir l to be incorporated in agreements of this character are hereby incorporated herein by Ws reference. The Seller agrees to indemnify and hold the Purchaser females firm all costs and damages sidm ed by me Pachmer m a esult of fe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, import , or convey this order, or any monies due or to become due hereunder without the prior written consent of the other perry. 10. TITLE. The Sella warants Poll, clear and umeslncted tide. fe Purchaser for all equipment, materials, and items f ichnd in performance of this agrernrcnL Gee end clear of my and ell liens, restrictions, reservations, secmiry interest mcumbances and claims ofahers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iffe Purchaser directs the Seller to correct nonconforming or defective goods by a date in be agreed upon by the Purchaser and the Seller, and the Seller tbcmafta indicates its inability or unwillingness to comply. me Punchiest may aux the work to be performed by the most expeditions mecum available to it, and the Seller shall pay all rvss associated with such work. The Seller shall rtlevx the Purchaser and its contractors of my tier fmm all liability and claims of any nature resulting firma he performance ofsmeh weak. This release shall apply even in the event of fault of negligence of the part' relensed and shall extend m the droa mrs, oficas and employees of such party. The Seller's contractual obligations, including wmmn[y, shall not be deemed to be reduced, in any way, because such work is performed or caused to h performed by me Pumhaxr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, uademark or copyright, me Seller shall indemnify anal save hminlcas no Purchaser from any and all claims for infringement by reason of the use of such patented design, device, matenal or porceu in connection wim the contract, and shall indemnify the Purchaser for any cost, expanse or damage which it may Is, obliged to pay by rmson of such infringement at my time during the presentation or oiler the completion of the work. In case said equipment, or any pan thereof or the inummed use of the goods, is in such suit held to constitute infringement and fe lose of said equipment or pan is enjoined, the Seller shall, as its own expense end at is option, either procure far the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noniafringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If me Seller shall become inxlvem or bankmpt, make as msigmment fir the hnefl of malmes, appoint a deceiver or trustee for any of the Sellers pmpary or business, this older may foMwith be canceled by the Purchaser wihout liability. 16. GOVERNING LAW. The definitions of tc. used or me intn,pardion of fe agrtrnmn[ and Ne rights ofall parties hamster shall be compared under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is he perform work hereunder, including the services of Sellers Represenfative(s), on the prem¢es of others. U. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until me some is fully completed and accepted, and shall, in case of any accident, destruction or injury to me work andror materials before Sellers Brad completion and acceptance, complete the work an Sellers own expense and to the satisfction of the Purchase. When mamnah and yuipmmt arc handled by others for installation or erection by the Seller, the Sella shall receive, unlsed. store and handle more at the site and become responsible therefor as though such materials mallor equipm ern some being mmished by the Seller under no, order. 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, and/or to their dependens in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive grneml liability including, but not limited to, Contactual and automobile public hamiliry insurance with bodily injury and Math limits of at least $300,000 for any one Perron, $500,000 for any one accident and property damage hush per accident of S400,000. The Seller shall likewise require his if any, to provide for such cmnpermtion and imurhnce. Before any of the Sellers or hie contractors employees shall do any work upon the premises of ofce, the Seller shall furnish the Purehuer whir a certificate that such compensation and insurance have been provided. Such ceaifiama sMl1 specify the date when such compensation sad insurance have been provided. Such cerifiates shall specify the date when such compensation and insurance expire. The Seller agaea that such compensation and insurance shah be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDF.NI AND DAMAGES. The Seller hereby wourrace the entire responsibility and liability for any and at l damage, loss injury crony kind or nature whatsoever to persons or property caused by or resulting from the execution off, work provided for in his purchase order or in connection herewith. The Seller will indemnify and hold harmlas'he Pumluaer and any cr all of the Purchasers dicers, agents and employees muchand against any and all claims, losses, damages, harges or expenses, whether direct or malmar and whether to persons or property to which the Purchaser may be put or subject by mason of my oct action, neglect, omission or default on me pan of the Sella, my of his contractors, or my of me Sellers or contractors officers, agents or employees. In app, my suil or other porceedirt, shall be brought agaim'the Purchaser, or is officers, agerm. employees at any rime m mmunt or by reason of my act, action, region, omission or default of me Sella of any of his contractors or any of its or their olfire s, agents or employees as aforesaid, Ne Sellef hereby agora to domme the defame meta( and to defend the mine an the Sellers own expense, to pay any and all costs, charges, avomeys fees and other expenses, my and all judgments lhat may be incurred by cur 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 the Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once cause me same to be dissolved and discharged by giving band or ofeiwiss. The Sella and his contractors shall take all safety precaution, f ish and imeall all guard necessary for the prevention of accidents, comply with all laws proud regulations with regal in safety including• but without limitation, the Occupmimal Safety and Health Ac' of 1970 and all rules and regulations issued pursuant disrepair. Revised 07n014