HomeMy WebLinkAbout495308 KRONOS INC - PURCHASE ORDER - 9144910Fort Collins
Date: 08/25/2014
Vendor: 495308
KRONOS INC
50 CORPORATE PARK
IRVINE CA 92606
PURCHASE ORDER
PO Number Page
9144910 1ef2
This number must appear
on all invoices, packing
slips and labels.
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 08/25/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Telestaff Renewal 1 LOT LS
Quote dated 17-JUL-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:purchasing@fcgov.com
Total
Pay terms net 30 days
Invoice Address:
12,946.31
12.946.31
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.
Itor exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER,
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with she Coll-mr, of Failure of the Purchaser to insist upon strict performance of the terms and condition hiccup failure or delay to
loeml Revenue Denver, Cwlarado (Ref. Colorado Revised Sumter 1973, Chapter 39 26, 114 (a2 exercise any rights or moldier provided herein or by law, failure m ptomplly notify the Seller in the event of a
breach, the acceptanee ofor payment for good hereunder or approval ofthe design, shall not rcleae the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase Order and shall not be deemed a waiver of any right Of Ed
Damage in transit, may be Microsoft to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strid performance hereof or any of its rights or contains as m any such goods, regardless
instructions from the City of FW Collimi of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of Nis moor ase order by the Purchases opiate as a waiver of any of the man
Inspection. GOODS are subjauo the Ciry of Fan Collins inspection on animal. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12.ASSIGNMENT OF ANfITRUSICLAIMS,
authorized payment on the pan of the City of Fon Collins. However, it is to be understood that FINAL Seller and the Franchiser recognise That in actual doemannic Practice, overcharges dooluag (ram antiumt
ACCEPTANCE: is dependent upon completion of all applicable narrowed inpeclion praedum violations art in fact theme by the Purchase, TheMnfore, for pond aura end as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereaner
Freight Terms. Shipments must be F O.B., City of Fort Collins, 700 Wood St. tort Collins, CO 80522, unless acquired under deal or state national laws for such overcharges relating to the particular good or services
oduerwim specified on this odder. If pmnission is given to prepay freight and charge separately, the original f¢ighl purcM1awd or acquired by the Purchaser Inseam m this p rmicom order.
bill must accompany imvime Additional charges for packing will not be mcepred.
I3.PURCHASERS PERFORMANCE; o OF SELLERS o OBLIGATIONS.
Shipment Distance. Ndsre manutnircn havedestination,
excs s u pans de the county. Invoice w n If theProd Purchactanddthdirects r, a SellertoSeiler
the nonconforming Or defective or ugoods by unwillingness
to beagreed a on byPurchases
the
expected from the fact.
distributiondoWien to denination, and excess freight will b< deducted from Invoice when Purcbamr and the Seller, and the Seller thereafter indicates its inability or unwillingness to romplle the Purchaser
shipments are made fmm grcamr, distance. may auu the wed to be performed by the most expeditions rearms available m it. and the Seller shall pay all
cast asociatrl with sucM1 work.
Permits. Seller dreg pmnue rd sellers sale cods all ee ste,ry permits, , ofcates and fcen.wes regnid by all
applicable laws, reenter, criminal
ordinances and ruled duly
the scam, municipality, mdy ha or pOlirical subdivision where
the endo h Seller
oth r grow t by any a City
Fortiori public authority and
over the ems
in vendor. Seller further agree m hold the Ciry li Fort Collin hmmlyss from and egoist n,, liability and lass
incurred re @era by meson of an usenet or established viOlmion of any such laws, regulations, ordinances, roles
mW requirements.
Authorization. All panics to this contract agree that due re meractivds art, in fact. bona fide and possess full and
complete authority to bind mid panics.
LIMITATION OF TERMS. This Purchase Older expreuly limits acceptance to the tams and conditions stored
herein set forth and any,supplemewer, or additional tense and conditions anamoodl hereto or incorporated herein by
reference_ Any addu aral or different Terms and mndifion proposed by seller are objected b and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date u noted. Time is of the awarded. Delivery and performance must be a@crud within the time
send on the pumhase order and the daumm. reached hereto. No au. of the Purchase. including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition In other legal land equitable centuries, elm option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall n.I b< liable for damages az a result Of delays
due to causes not remem ably foreseeable which arc beyond its condonable mount and without its fault of negligence,
such acts ofGod, acts of civil ar military authorities, Instructional priorities, fires, strikes, food, epidemics, wan or
riots provided hat notice of the conditions causing such delay is given to the Purchaser within five (5) daya mlhe
time when the Seller fir received knowledge thereof, In the even of any such delay, the doe of delivery shall be
exmaded for de period eqml to the time actually lost by reason price delay.
3. WARRANTY.
The Seller warrants fruit all goods, articles, materials and work coved by this order will continuum with applimble
drawings, specification, samples andfor offer description given, will be fit for the Emotions intended, and
pert ed with the highest degree of care and competence in accordance with accepted standard for work of a
similar nature. The Sella agrees to hold fire purchaser harmless from any loss, damage Or expense which the
Pardoner may suffer or incur on account of the Sellers breach of warranty. 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 pedod of
time as may be, preverbal by law or by the terfn of any applicable warmy provided by the Seller oiler the date of
acceptance of the goods famished hereunder (acceplace, not do be mammal delayed), resulting fmm impeRat
or defective work done or materials famished by the Seller. Acceptance nr use ofganls by the Purchaser shall not
antimte a waiver ofany claim under this samar . Except as coincided provided in this purchase order, the Sellers
liability hereunder shall extend m all damages proximately mused by the breach of any of she foregoing wamardles
or guarantees, but such liability shall in no even include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchases may make changes or tell mamma by women change older.
5. CHANGES IN COMMERCIAL TERMS.
The PurcM1aso may make any changes fin the terms, other arm Irgd terns, including addition to out deleioro form
the quantities originally ordered in the specifications or dmwini by comi or xavten change older. If any such
change Offer. the amount due or the time ofpmfnani hereunde, an equitable adjustment shall be made.
6. 1 ERN0NA'I'IONS,
The Purcbaic may at any time by wagon change order, mnninme this mgoverno d u to any or all Portion of the
good then not shipped, subject many equitable adjustment between due ponies an to any work or materiats then in
progress provided that the Purchaser shall net be liable for any claims for anticipated profits on the uncompleted
Portion of the goods and/or work, for incidental or conequenial damages, and that no such adjutment be mud, in
favor of the Seller with respect n any goods which are no Sellers standard dak. No such temmitation shall relieve
the Purchase or due Sens ofany of their obligation aw or any soots delivered heamnder.
1. CLAIMS FOR ADJUSTMENT.
Any claim far aljastmena must be msened within shiny (30) days fmm the dine he change or cennirafion is
ordered
8. COMPLIANCE WITH LAW.
Tle Seller warrants that all good sold hereunder shall huve been produced, sold, delivered and numished in strict
compliance with all applicable laws and regulation to which the good are sndject. The Seller shall execute and
dr1wo such dammen. as may be requid ao effect or evidence compliance. All Film and regulations requid In be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees as
indemnify and hold due Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither parry shall aslgn, rmsfe, or convey ffis order, or any monies due or to become due hereunder without the
prior written commit of the other party.
10. TITLE.
The Seller warns full, clear and outsmarted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
mmmbmnces and claims of others.
The Seller shall release the Purchaser and its contractors of any but fmm all liability and claims of my nature
renluar, fmm the performance ofra ch work.
This release shill apply even in the event Of fault of negligence of the piny cleared and shall extend to the
directors, olTcen and employees ofmch pan,.
Tire Sellers commercial obligation, including warranty, shall nor be deemed an be reduced, in any way, because
Inch work is performed nr caused m be Performed by the Purchaser.
14. PATENTS.
Whenever the Seller is moved to use any design. Mice, mmdrial or process coved by letter, patenn, trademark
or copyright, the Seller shall indemnify and save handless the Purchaser from any and all claims for infnogem sent
by reawn of the use of such patented design, device, material or process in connection with the camram, and
shall indemnify the Producer for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during den Examination Or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the good, is in such suit held w emotional infringement and she use of
said extortion or pan is enjoined, the Seller shall, at its own expeccu and at its Option, either procure for the
Purchaser the right to contisme using said equipment or pans, replace the same with mbstontially equal but
noninfnnging equipment, Or modify is so it becomea co niofnginl.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpr, snake an assignment for the bereft of creditors, appoint a
receiver or figured for any of she Sellers property or business, this order may forthwith be mnceled by the
Purehuer without liability.
16. GOVERNING LAW.
The definitions ofaem. word or de interpretation of the agreement and the rights adult parries hereunder shall be
demwed under and governed by the laws ofthe Stale of Coloado, USA.
The following Additional Condition apply only in cases where due Seiler is to perform work hereunder,
including the services of Sel lers Representatives), on the premises of athers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry oa said winds at Scllds own risk until the same is tally completed and accepted, and still,
in case of any accident, destruction or injury to the work and/or materials before Seller's fmml completion and
acceptance, complete the weak al Seller's own expense and m she whaefire ion Of the Purchaser. When materials
and equipment are famished by winners for installation or drection by the Seller, the Seller shall move. unload
same and handle same at the she and become responsible therefor a mirth such mmenms and/or equipment
were being famished by the Seller under the older.
18. INSURANCE.
The Seller shall, in his arum expense, provide for the payment of workers compensation, including compartment
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
ardor to their dependents in accordance with the laws of the state in which the work is m be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability newcomer with bodily injury and death limits of l lent S300,000 for any one parson, 5500,000 for any
me code., and propany damage limit per accident of S400,000. The Seller shall likewise acquire 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 others, fire Seller shall famish find Pumlmer with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
..,.a. and imuanw have been provided. Such cerifiales shdl specify the dam when such mmpematim
and romance expires. The Seller agrees that such com ucnaion and insurance shall be maintained until ofer the
entire work e, completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respomibiloy and liability for any and all damage, loss or injury ofany kind
or nature whatsoever m Persons or property caused 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 handles, fire Pumhaer and any
r all of she Purchasers officers, agent and employmI fmm and simiman t y mall all claimIoa, s, ndamages,
charges or expemes, whether dims or indirect, and wbesher to persons or property to which she Purchaer many
be put or subject by reason of any act, notion, neglect, omission or default oa the Part apple Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees many time on account or
by accord of any act. action, aS1en, omission or default of she Seller of any of his contractors or any of is or
their officers, agents or employees n intonational, the Seller hereby agrees to assume the defense thereof and to
defend the are at Sellers own expense, to pay any and sell ens., charges, attorneys fees and other expends,
any and all judgments that may be incurred by or obtained appear she Parrchaer 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 Nmhaer, or mid parties in or as a result disturb so,. or other proceedings.
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precaution, famish and imtull all gaud naessary for the prevention of
accidents, comply xifh all laws and regulations with regard ao safety including, but wifmut limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulation issued governor thereto.
Revised 0112014