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HomeMy WebLinkAbout124742 DISPLAY DEVICES INC - PURCHASE ORDER - 9144890Fort Collins Date: 08/25/2014 Vendor: 124742 DISPLAY DEVICES INC 10828 HIGHWAY 93 GOLDEN CO 80403 PURCHASE ORDER PO Number Page 9144890 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 08/22/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 PEG Equipment Camera Installs 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 1 LOT LS 6,534.91 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins us exempt fmm some and local perm. Our Exemption Number is 11. NON WAIVER. 99-0,1502. Federal Excise Tax Exemption Centralia of Regisory M-6000587 is registered with the Collector of Failure of the Pumhasa m insist upon spiel performance of the erns, and cmMinons he rt failure w delay to formal Revenue, Drnvem Colorado, (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance ofor payment fan goads heremder or approval ofthe design, shall not release the Seller of Goods Rejecter. GOODS REJECTED due to failure to mad specifications, either when shipped Or due oo defects of any of the warranties or obligations of this Purchase order and shall mot be dermal a waiver of any right of the damage in Transit, may be rammed to you for craft and are not to be replaced except upon receipt of sodden pureduno insist upon strict performance hereof or any of its rights or rem dies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject a the City of Pon Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchndiu, services or equipment in respmue to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhonacd payment on the pan of the City Of Pod Collins. However, it is to be understood that FINAL Seiler and the Purchaser recognize that in actual economic practice, overcharges resulting from ratimant ACCEPTANCE is depedem upon completion of all applicable required inspection pmoedurs,. violations we in fact some by the Purchaser. "werobare, for good cause and as consideration for arconng this purchase Order, the Seller hereby assigns to the Purchaser any and all claims it nay now have or hereafter Freight Term. Shipments most be F.O.B., City of Fort Coliias, 700 Wood Sr, Fort Collins, CO 80522, unless acquired abler fderal or see wartrnst law, far such overcharges relating in the particular goods or scares, Otherwise specifal on this order. Upermission is given m prepay freight cord charge separately, the original freight purchased or prepird by the Purchaser pars..., to this pumhau order. bil I must accompany brewer. Additional charges for packing will not be accepted. Shipment Distance. W%we manufacturers have distributing points w various parts of the country, shipment is apeced from the nearest distribution point on destination, and excess freight will be dedund from Invoice when shipmems are made four g.let distance. Panties. Seller shall routine at sellers sole cost all oarwarry permits, adtfcan. and license, required by all applicable laws, regulations, on] inanas, and ndes ofihe slate, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public aathority having jurisdiction over he work of vendor. Seller further agrees to hold the City of Fort Collins Formless from and against all liability and loss incurred by them by reason of an worried or established violation of any such laws, regulations, ordinances, rules and requirements. Authorivron. All lames 10 this ¢direct agree that the representatives are, in fact, bade fide and possess full and complete authority to bind said India. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the from and conditions statal herein set fonM1 and any supplementary or additional terms and conditions annexed hereto or untrimmed herein by reference Any additional or different arms and conditions proposed by calla are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE, PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your ,maned delivery date as noted.'I'one is of the essence. Delivery and performance must be effected within the time ,ruled on the purchase order and the documents anachd hereto. No acts of the Purchasers including without lintilation, acceptance of padial lute deliveries, shall operate as a waiver of thl5 Provision. In the event of any delay, the Purchaser shall have, in addition in other legal and equable remedies, the option of plating this order elsewhere and holding the Seller liable for damages. Brewster, wsem the Seller shall not be liable for damages as a remll of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of GmE acts Of civil Or military authorities, 6ovenunemd priorities, fires, strikes, stood, epidemics, wins or dots provided flat notice of me editions mining such delay is given to $e Purchaser within rive (5) days argue time when the Sena first received knowledge thereof. In the event of any such delay, the Jae of delivery shall be extended fo the penal equal to the lime actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, adida, materials ad work covered by this order will conform with applicable drawings, specifications, samples andbr other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for weak of a mils, nature. The Seller agree to hold the purchaser hairless from any fuss, damage or expense which the Purchaser may.suffer or incur on account of Ilse Sellers breach of warranty. The Seller shhl replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of rime a may be prescribed by law why the terms ar any applicable wareany provided by the Seller afar the time of acceptance of the goods finished hereunder (accape nce not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by me Seller. Acceptance or use of goods by the Purchaser shall net comtimte a waiver of any claim under this warranty. Except m odadwise provided in this purchase now. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of me foregoing warranties car gumam., be, such liability imall in no event include loss afprorn or loss of.. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FORYURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by women change oda. 5. Cl IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me terms, other than legal teen, including additions to or deletions from the quatinnesoriginally ordered in the specifications or drawings, by verbal or written change order. If any such ch:mge a0'ems the amount due or the time of paficiance hereunder, an equitable adjmintent shall he rude. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goals then not shipped, subject o any equitable adjustment between me pasties m to nay work or materials then in progress provided trial me Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Wnion of ffe goods aruor work, fo incidental or cmmumnal damages, and that no such adjustment Ire made in favor of me Sella with respect an any goads which on, me Sellers statement stock. No such lerminatirn shall relieve the purchaser or the Seller of any Orman obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asaded within thirty (30) days fmm the date the change or termination is ondcred. 8. COMPLIANCE WITH LAW. The Seller warrants that all gads sold hereunder shall have been produced, sold, deliveed and famished is spiel compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to ef'ea or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold me Purchaser batmless from all costs and damages suffered by the Purchaser m a result of the Sellers failure a comply with such law. 9. ASSIGNMENT. Neither Pany shall assign pander, or convey this orM, or any monies due m to become due hcmmder without me prior event. .1 of me ome, parry. 10. TITLE. The Sailer warrants full, clear and unrestricted ti0e an me Promote for all cgair..,. materials, and it. fumishd in performance of this agreement, free and or= of any and all has, rednclions, rservmious, salinity interest encumbrances and claims fothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Seller to sorest nonronf ginning or defective goods by a date to in, agreed upon by the Purchaser and the Seller, and the Seller oberenfer indicates its inability or atwillingness to comply, the Purchaser may cause the work to be perforated by the most expeditious means available to It, and the Seller shall pay .11 costs associated with such work. 1'he Seller shill eleae the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the pamrmance nfsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the curried, officers; and employees oreach Party. The Sellers contractual obligations, including womanly, shall not be dermal to be deduced, in any way, baanse such work is perfomtd or caused to be performed by the Purchase,. 14. PATENTS. Wmerwon the Seller is "wed a use any deign, device, material or process coveml by letter. artem. hademark mr copyright, the Seller shall anderrudfy and save hmmlas the Purchaser, from any and all claims fur infringement by reason of the use of such Paleaned design, device, mmenal in process in correction with the comma, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to rely by reason of such infringemeat .1 any time during the prosecution or alter the completion of the work. In case said equipment, or any part thereof or the intended use of Ise goods, is in such .it held to constitute infringement and the use of said equipment or pan is enjoined, the Seiler shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, nrylace the same with substantially equal but noninfringing empirical, or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Sena shall baome unclear Or boakrupt. make run assignee far me benefit of acditim, appoi n a err testa for any of the Sellers pmlamy w business, this when may forthwith be emald by ere POdhaser without liability. IS. GOVERNING LAW. The definitions ofleims used or me immoderation of me agreement and the rights of all periods hereunder shall be construed under and governed by ere laws ofthe See of Colomdo, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including he services of Sellers Represenerivgs), on hecases premises af.the 1. 17. SELLERS RESPONSIBILITY. The Seller shall away on said work at Seller's own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work andrar models before Sellers final completion and accepener, complex dw wok a, Sellers awn expense and ro the smtabri on of the Purchaser. When .,aerials and equipment ere fumishd by offers for installation or section by me Seller, the Sella shall receive, unload, start ad handle same at the site and become m,ornible therefor m though such materials anuor equipment were being tho sad by me Sella ander the under.. I S. INSURANCE. The Sella shall, at his own expense, provide for me payment of worker compensation, incluiing occupational disease benefits, to its employees employed an w in connratim ;ins me work onvad by this purchase ondeq mourn to their dependents in accordance with the laws of the state in which me work is to be done. The Seller shall also carry comprehensive gmecal liability including, but not limited to, com actual and automobile public liability insurance with bodily injury and dcah limits of at lent $300,000 for any one person, 5500,660 for any one accident and property damage limit per accident of Setoff,". The Seller shall likewise require his contractors, if any, to preside for such compensation and insurance. Before any of the Sellers or his canpacons employees shall do any work upon he premises of others, the Seller shall famish the Purchase, with a certificate that such compensation and insurance have been provided. Such arom ates shall specify the date when such compensation and insurance have been provided. Such cedificates shall specify me date when such compensation and insurance expires. The Sella agrees that such compensation and amumnce shall be traintained until Offer the an. work is completed and acc need. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assurrom the entire responsibility and liability for any and all damage. loss or injury army kind or nature whasavcr to persons or pmpmy caused by or resulting them the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold barmlas me Purchaser and any no all of the Purchasers otfirces, agents and employees from and against any and all claims, loons, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpmy a which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default On the pad of the Seller, any of M1is contmmors, or any of the Sellers Or contractors officers, agents or employees. In case any suit or other proceedings shall be brought againsuhe Purchaser, or its officers, agents or employees at any time oa account or by reason of any ail, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume me defense thereof and to defend the same in the Sellers own expense, to pay any and all costs, charges, anomcys fees and other expenses, any end all judgments that may Is, round by or abainal against the Pumhasa w say of its or dxi, officers, agents or employees in such sam or other proceedings, and in case judgment or other lam be placed upon or oblaind against the property ofthe Purchaser, w said ponies in err as n result of such spies o, other proceedings, no Sella will at once cause to same to he diselvd and discharged by giving bond or otherase. The Sells and his comments shall Like, all safety precautions, famish and install all guards nxseary for the prevention of accidents, comply with all laws and regulations with regard to safety whiting. but without lidtation, the Occupational Safety and Helm Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07/2014