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HomeMy WebLinkAbout169196 AIRPRO INC - PURCHASE ORDER - 9144880Fort Collins Date: 08/22/2014 Vendor: 169196 AIRPRO INC 3875 ELM ST DENVER CO 80207 Delivery Date: 08/2112014 Note: Line Description Veh Exhaust Removal Sys Quote dated August 13, 2014 PURCHASE ORDERPO 914488er Page 144880 1of2 This number must appear on all invoices, packing sli s and labels. 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.mm Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Buyer: WILSON, JILL Quantity UOM Unit Price Ordered tends Price 1 LOT LS 5,875.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of FOR Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 8,F(du 58l is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS RFJ ECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be retmmd to you for credit and are not to be replaced except upon receipt of written instructions fmm the City of Fort Collins. beach... GOODS arc subject to the City of Fort Collins inspection on am.[. Final Acceptance. Receipt of the merchandise, smice, or equipment in response to this order can result in a.thofized payment on the pan of the City of FOR Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion Of all applicable requited inspection procedures. Freight Terms. Shipments most be F.O.D., City of Fort Collins, 700 Woad St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. More manufacturers have dismbuting points in various pans of the country, shipment is expected from the nearest distribution palm to detmation, and excess freight will he dducted fmm Invoice when shipments are made from greater distance. Permits. Seller shah procure ar sellers solo cost all necessary Permits. certificate and licenses rmnimi by all applicable awe, regulations, ordinances and rules of the stale, municipality, tro mry or political subdivision where the work is performed. Or regional by any other duly constituted Public authority having jurisdiction over the work of vendor. Seller fuller agree to hold the City of Fart Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and onmorearricarm, Authorization. All parties m this comrint agree that the repremnarive arc, in fact borne fide and possess full and complete i uthomy to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acepmnce to the It. and conditions statd herein set forth and any supplementary or additoal ¢rem and maddions annexed hereto or inca,amted herein by refemnce. Any additional or din ...at terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot take complete shipment in arrive on your promised delivery date n cored. Time is of the essence. Delivery all perfomeana must M efened within the time stated on the purchase order and the document machd hereto. No acts of the Pumhasm imluding, virtual limitation. acceptance of phial late deliveries, shall Operate n is waive ONTO provision. In he avant of., delay, the Purchaser shall have, in addition to other legal and arbitrable mnedies, the option ofplaviag this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due so caves not reasonably foreseeable which art beyond its reassemble ramrod and without its fault of negligmee, such acts of God, acts afrivii or military authorities, gyemmenal priorities, fires, strikes. Bond, epidemics, ears or fiats provided that notice of the mndwasw causing such delay is given to the Pumhawn within rove (5) days of the time when the Seller first received l owledge theater. In the event of any such delay, the date of delivery shall be emended far the period coal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and wink covered by this order will conform with applicable drawings, sxvificanotrs, samples andho other descriptions given, will be fir for the purp ssa imendd, and Performed with the highest degree of care and comperem< in accomic me with accepted standards fat work of a similar moue. The Seller a,nos a hold the purcbuer hanced. fmm any loss, damage or expense which the Punebmer may stuffier or incur on account ofthe Sellers breach of warranty. The Seller shall seplate, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be fieseriMl by law or by the mans of any applicable w., provided by the Seller after the doe of accepranee of the good f ishd bereander (acceptance not to be umeawuably delayedj, resulting f imperfect or defective work done or marerias fomkhed by the Seller. Acceptance or sew of goad by the Purchaser shall nut crostimtt s waiver mfany claim coder this wanranry. Except as otherwise provided in this parthare under, the Sellers liability hereunder shall extend a all damages pmxiraftly caused by the beach of any of the bargain, .,I Or guarantees, bur such liability shall in no event include loss ofpmfiN or loss of sew. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. J. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal toms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes in the muss, dher than legal terns, including addition to or deletions from the 9uan um originally ordered in the specifications or dmwinge, by verbal or wrinen change order. If any such change afros the amount due or the time Cparformace hereunder, an equitable a ijuslment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinm change under, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Puroh.'ser shall not be liable for any claims for anticipated profs on tha uncompleted pardan of the good maker work, fat moldemal or canscouential damages, and that no such adjustment be made in favor of the Seller with reepecr to any good which are the Sellers standard truck. No such mordi mion shall relieve the Purchaser of the Seller ofacy oftheb obligations as to any Goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be wouned within thin, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wacrwt that all goods sold hereunder shall have been produced, sold, delivered and Burnished in strict compliance with all applicable laws and regulation to which the good arc subject The Seller shall execute and deliver such comments as may be retained to effect or evidence compliance. All laws and regulations required to be ncorputatee in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchawr harmless from all rust and damages suffered by the Purchaser as a mull of the Sellers fail. to comply with soh law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior written consent of the other patty. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, flee and clew or any and all lien, restrictions, reservations, security interest encumbrance and claims ofothers. II. NONWAIVER. Failure of the Purchaser to imist upon strict performance of the terms and conditions hereof, failure or delay to any rights or remedies pmorided herein Or by law, failure to promptly notify the Seller in the event of a breoch�the acceptance of or payment for goods hereunder or approval of the deign, shall not release the Seller of any of the warranties or obligmiom of this purchase order and shall not Is, deemed a waiver of any fight Of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goads, regardless of when shipped, received or accepted, as as any prior or subsequent default hereunden, nor shall any ransomed anal modification or rescission of this purchase, order by the Purchaser operate me a waiver of any of the teat¢ hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause 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 federal or state antitrust laws for such overchergea ¢lining in the particular goods or services purchased or acquired by the Purchaser pursuant to this purohase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness In comply, the Purchaser may came the work to be Performed by the most expnditious means available to it, and the Seller shall pay all costs msocialist with such work. The Seller shall relecte the Purchaser and its contractors of any ran from all liability and claims of any nature resulting from the performance afsuch work. This release shall apply even in the event of fruit of negligence of the party selected and shall extend to the directors, officers and employees of such parry. The Seller's c m racrued obligatior, including warranty, shall not be deemed! to he reduced, in any way, because such work is parfonned or caused ra be Performed by the Purclaser. la. PATENTS. Whenever the Seller is "Ound to use any design, device, material or pmom covered by [error, patent, trademark or copyright, the Seller shalt imkmnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such punted design, device, material or process in connection with the co mun, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged a pay by mason of such infringement at any time during the presentation or after the completion of due work. In caw said ryuipment, or any pan thereof or the intended use of the gawk, is in such suit held to constimse infringement and the use of said egcipmrnt or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the purchaser the fight to continue using said equipment or pas, replace the saner with substantially enrol but watchiing, equipment, or modify it so it becomes mainGnging. 15. INSOLVENCY. If the Seller shall become iaolvrvt or Nankai make an assignment for the benifil of creditors, apNi.t is receiver or trustee for any of the Sellers property at business, this order may forthwith be canceled by the purchaser without liability. 16. GOVERNING LAW. The definitions of terms uwd or the interpretation of the agreement and the rights of all panic hereunder shall be, mnsmad under all Sustained by the laws of the Sure of Colorado. USA. The following Additional Conditions apply only in caws where the Seller is 10 perform work hereunder, including the services of Sellers Repownutive(sk on du premises ofatrers. Il. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk. ,it the same is fully completed all accepted, and shall, in rase of any accident, destruction or injury onthe work anNor materials before Sellers final completion and reciprocate. complete the week err Sines own expense and to the sadsfnction of $e Purchaser. When materials and equipment oft famished by others for insulation at erector by $e Seller, the Seller shall receive, natural, state and handle same at the site and become re,ifi ble therefor a Smith such maefina srdlin equipment were being fumished by the Seller under the order. .. IS. INSURANCE. The Seller shall, at his own expense, Provide for the payment of%orkm compensation, including cacup dioal disease benefits, to its employees employed on or in connection with the work coverd by this puahow order. i n cor to their die s ndenes in accordance with the laws of the state in which the work is to he done. The Seller shall also carry compachnsno general liability including, but nor limited to, examorctal and automobile public liability Insurance with bWily injury and death limits of at least S300.000 for my one person, 5500,000 for any one incident and property damage limit per mccdent of S400,00d. The Seller shall likewise re,uire his contractors. if any, to provide for such compensation and insurance. Before my of the Sellers or his commcors employees shall do any work upon the premise of others, the Seller shall famish the Purchaser with a ou nificau that such compensation most insurance lave bean provided. Such cendfcmes shall specify the date when such compensation and insurance base been provided. Such certificates shall specify the dale when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained limit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the attire responsibility and liability for any and all damage, loss or injury ofeny kind or alure whensoever to persons or property catsd by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold hamrlcss the Purchawr and any r all of the Panchssers officers, agents and employees man and against any and all claims, lasso, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may Or put or subject by reason of any act, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or cornmeturs officers, agents or employees In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any Oct. action, neglect, omission or default of the Seller crony of his contractors or any of its or their of fiom, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all cast, 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 olfirm, agent or employees in such suits or other proceedings, and in case judgment or other lien Ix placed upon or obtained against the put of the Purchaser, or said ponies in or res a exult Of such suit Or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othewse. The Seller and his contractors shall take all satiny precautions, boorish and Recall all guard necessary for the prevention of accident, comply with all laws and egulations with regard 10 safety including, but without limitation, the Occupational Safety and Health Actor HGO and all rules end regulations issued immen thereto. Revised 01RO14