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HomeMy WebLinkAbout180651 FIRE FACILITIES INC - PURCHASE ORDER - 9144927Fort Collins Date: 08/26/2014 Vendor: 180651 FIRE FACILITIES INC 216 WILBURN ROAD SUN PRAIRIE WI 53590-1439 PURCHASE ORDER PO Number Page 9144927 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAINING FACILITY POUDRE FIRE AUTHORITY 3400 WEST VINE FORT COLLINS CO 80521 Delivery Date: 08/26/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Westemp panel (240) etc 1 LOT LS 5,033.75 INV 149570 dated 6/27/14 'N '.il P,4 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: 75 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tent and Conditions Page 2 of 2 I. CONVAERCIALDETAIIS. Tax exemptions. By salute the City of Too Collins is exempt from suite and local nixes. Our Exemption Number is 98-04502, Falem1 Exdse'1'tu Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Cut—& Revised Sutures 19I3, Chapter 39 26, 114 fa). Goods Repaint. GOODS REIECTED due to failure to mad specifications, either when shipped or due to defects of damage in transit. may be retained to you for credit and are not to be replaced except upon receipt of written iaswctions form the City of Fall Collins. hapeaiay. GOODS are subject to the City of Fiat Collins inspection our arrival. Final Acceptance. Receipt of the merchandise, seryeq or uipment in response to this order canresult in authorized Purolator on the part of the City of full Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of For Collins, IN Wood SL, Fall Collins, CO 80522, unless otherwise speci fed on this order. If permission is given to prepay freight and charge separately, the original freight Nil l must recompm y invoice. Adi ilonal charges for parking will not be accepted. Shipmem Distance. Wheat manuracturae have slowdo tin, points in virrimas pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be da tN from Invoice when shipments are made from greater distance. Permits. Sella shall pmmm at sellers sole rest all necessary permits, certificates and Hart contained by all applicable lases, regulations, ordinances and roles of the suite, municipality, terirory or political subdivision where the work is performed, or required by any other duly connimmd public amhor ly having jurisdiction over the work of vendor. Seller harbor agrees to hold the City of Fun Collins hamdess from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, rules and "ter ens. Authorization. All panics. this contract agree that the representatives are, in fact, bona fide and possess full and an,lae authority It bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any supplementary or additional teens and condiliors mmexal M1erem at incorporated heroin by reference. Any additional or different teas and cmrditims proposal by seller ate objected to and hereby oJeuM. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive On your promised delivery date res noted. Time is of the examine. Delivery and pert ages most be effected within the time sated oa the purchase order and the documents attched hereto. No acts of the Purchasers including, without hat iation, scccplence ofpswral Irate deliveries, shall operate as a waiver of this provision. In the event orally delay, the Purchaser shall have, in adome. to other legal and equitable remedies, the option afplacing this order duwhere and holding the Sella liable for damages. However, the Sella shall not od liable for damages as a result of delays due to auras not reasonably foreseeable which are beyond is reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priminals, fires, strikes, rood, epidemics, wars 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 fiat received knowledge drama(. In the event of any such delay, the dertc of delivery shall be extended for the period equal to the time actually lost by mrson orthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, mntmals and work covered by this order will mufom with applicable drawings, sPwifientions, samples anpa other de rrytiom given, will be fit her the purposes intended, and Performed with the highest degree of cam and competence in accordance with accepted sandalds for work or a -similar aware. The Seller agrees to Iwld the purchaur harmless from any buss, damage or expema which the Purchaser may suffer or incur on account of the Sellers breach of wwmnly. The Seller shall replace, repair Or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe prescribed by law rally the terms army applicable waranty Enrolled by the Scller after the dam of acceptance of the goods famished hereunder (acceptance not to bar umeasombly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Accepance muse argot by the Purchaser shall not onai.m a waiver of any claim under this w:mnnry. Except as Otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gtumntees, but such liability shall in no event include loss of profs 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. legal toms by wrmar change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, Other than legal lees, including additions to or deletions from the quantities originally ordered in the speci fimtions Or drawings, by verbal or written change order. If any such change affects the amount due or the time or afomea a e hereunder, an equitable adjusment shall be made. 6. TERMINATIONS. Ibe Purchaser may at any time by written change order, tcrminam this agramrnl as to any or all gainers of the gaud then not shipped, subject to any aluit.able adjustment between the panics as. any work or materials then in progress provided that the Pachce, shall not be liable for any claims for anticipated pmfu ran the uncompleted portion of the goods andlor weak, for insider al or consequential damages, and that no such adjusment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADMSTMENT. Any claim for Mlestment most be seemed within lorry (30) days farm the dale the change Or lemination u ordered. S. COMPLIANCE WITH LAW. The Seller warrants Char all good sold hereunder shall have been produced, sold, delivered and furnished in shies compliance with all applicable laws aM regulations to which the goods are subject- The Seller shall execute and deliver such douments as may be required la effect or evidence compliance. All laws and regulations natural to be now,worted in agreements of this character are hereby incorporated herein by this reference. Ile Seller agrees to indemnify and hold the Purchaser harmless from all costs anal damages Ordered by the Purchaer as a result of she Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunda without the prior written content of the other parry. 10. TITLE. The Seller warnings full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all lice, restrictions, reservations, sauriry interest encumbrances aM claims of when. 11. NONWAIVF.R. Failure of the Purchaser to insist upon strict performance of the lemn 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 ofor payment for good hereunder or appmsal ofthe design. shall.. release the Seller or any of the wmmnties or obligations of this purchase under and shall not al dinned a waiver of any right of the purchaser to insist upon said performance hereof or any of its rights or remedies as to any such goods, regariless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpdned am[ modification or mocission of this purchase olda by the Purchase( operate m a waiver of any of the terms hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from mrltmst violations are in fact Nome by the Purchaser. Themomm, for goad cause and as consideration fin excluding Ws purchase older, the Seller hereby assigns .the Purchaur any and all claims it may now, have or hereafter acquired under federal or sure antitmnt laws far such Overcharges relating to the Particular Good or services purchased or acquired by the Purchaser pursuant to this purchau order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGAI IONS. Ifthe Panama directs are Seller. correct wournifoaing or defecties goods by a date to he agreed upon by the Purchases and the Sella, and the Seller thereaner indicates its inability in unwillingness to comply, the Purchaser may rouse the work to be paformed by the most expeditious means available to it, and the Seller shall pay all toss associated with such work. The Seller shall micas, the Purchaser and its contraaors of any tier Fmm all liability and claims of any mture resulting from the Performance ofsuch work. This release shall apply even in the event of fault of negligence or the party mieased and shall extend to the three., oRcers and employees ofsuch any. The Sellers contractual obligations, including waanty, shall not bar deemed. be reduced, in any way, because such work is Performed or caused to be performed by the Pootbal . 14. PATENT'S. Whenever the Seller is required to use any design, device, material or process covaal by late, potent trademark Or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, means[ or process in connection with the coat=,, and shall indemnify the Purchaser for any coal, expense at damage which it may be obliged. pay by reason of such infringement at any time during the prmecurion or after the completion of the work. In cruse said equipment, or any pan thereof or the intended use of the goods, is in such sail held . comamre management and the use of said equipment tar pen is enjoined, tha Sella shall, at its own expense and at is option, either procure for the Purchase the right to continue using said equipment or parts, replace the same with substantially equal but rwninGnging equipment, or modify it so it becomes nmmGnging. 15. INSOLVENCY. If Om Seller x1 11 become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receive( of waee for any of the Sellers p.way or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interyretation of the agreement and the rights of all panics hereander shall be, allotment ume, and governed by the laws of the Sure of Colorado, USA. The following Additional Conditions apply only in cases th when e Sella is to perform work hereunder, including the services of Sellers Represenadischn. On hepa.,. traders. IT. SELLERS RESPONSIBILITY. The Sella shall awry em said walk in Sellers own risk until the same is fully completed and accepted and shall, in case of any accident destruction or injury to the work copier materials befom Sellers final completion and aati nee, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment me f isM1al by others for installation or location by the Seller, the Sella shill receiver unload, start and bindle same at the site and become responsible thertfor as though such mushoodH audio, equipment were We, fumishal by the Sella under the order.. 18. INSURANCE. The Seller shall, at his own expese, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on or in connection with the work coverts by this purchau older, anpor in their dependents in accordance with the laws orhe sale in watch the work is to M done. The Sella shall also cart, comprehensive general liability including, but not limited., contraction and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, $500,000 for any one accident and properly damage limit per accident of 5400,000. The Sella shall lilemiu require, his contractors, if any, to provide for such compensation and imunrwe. Before any of the Sellers or his contmemrs employers shall do any work upon toe pmmi,a of others, the Scller shall famish the Purchaser wind a cenifieam that such compensation and insurance have been provided Such certificates shall specify the dare when such ompensation and insurance have been provided. Such anificmes shall specify the time when such compensation and insurance expires. The Seller agrees that such compensation am inco—ce shall be maintained] it after the mtim work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby cum es the entire responsibility and liability for my and all damage, loss or injury army kind or mdme whasever to permns or pmperty caused by at resulting from the execution Oran, work provided for in Nis pumb. order or in conneaiea herewith. The Sella will iMe fy mad hold harand. the Purchaser and my r all of the Purchasers officers, agents and employees from and against any and all claims, loves, 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 Seller, any of his contractors, or any of the Sellers or contractors officers, agens or aployas, In case any suit or other proceedings said be brought against the Purchase, or its officers, agents or employes at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or my of its or their Officers, agents or eroployas as aforesaid, the Sella hereby agrees to assume the defense towed' and to defend the same at the Sellers Own expense,. pay any and all costs, charges, aromas fees and other expenses, any and all judgments that may be incumd by or obained against the Familiar or any of its or their officers, agents or employees in such suits car other proceedings, and in case judgment or other lien as, placed upon Or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other pmovaimgs, the Seller will at once coule the same to be dissolved and dischargal by giving bond or canna u. The Seller and his a arracton said lake all safety pnnumarns, fumuh wall ia<all all guards necessary fin the prevention of accidents, comply with all Laws and ngulations with regard to safety including, but without limitaion, the Occupational Safety and Health Act of 1990 and all rules and regulations issued pursuant gonna. Revised 07(n014