HomeMy WebLinkAbout539993 VAPEX ENVIRONMENTAL TECHNOLOGY - PURCHASE ORDER - 9143930 (2)Fort Collins
PURCHASE ORDER
Date: 08/26/2014
Vendor: 539993
VAPEX ENVIRONMENTAL TECHNOLOGY
531 S ECON CIR SUITE 1009
OVIEDO FL 32765
PO Number Page
9143930 'eft
This number must appear
on all invoices, packing
sli s and labels.
Ship To: DRAKE WATER RECLAMATION
CITY OF FORT COLLINS
3036 ENVIRONMENTAL DRIVE
FORT COLLINS CO 80525
Delivery Date: 07/14/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 1 LOT LS 56,644.38
Qt#1406301, odor control parts
Vapex is replacing the internal components to our existing units with their plasma technology.
Total $56,644.38
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Gollins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDEfA1LS.
Tax exemptiom. By withate the City of Fan Collins is exempl firm state and local taxes. For Exemption Number is
98-01502. Federal Excise Tax Exemption Catifcam of Registry 84-60(1058] is registered wish the Collector of
Internal Revenue, Denver Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1 W (a).
Goods Rejored. GOODS REJECTED due to failure to meet sped fiatiom, either when shipped or due to defects of
damage in transit, may be rammed to you far credo and are not to be replaced except upon receipt of written
instructions from the Ciry of Fort Collins
Inspection. GOODS are subject to the City of Fon Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, pervies
equipment
r epment in response to this Gads, canexalt r it
mahnriard payment oa the pan of the City of FanCollins. however, it is to be understood thatFINAL
AC'CEPI'ANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Too Collins, CO 80522, unless
otherwise started on this order . If permission is given to prepay freight and charge separately, the mil freight
bit) must accompany invoice. Additional charges far packing will not be accepted.
Shipment Distance. Where ..at... have distributing points in nano. Pans of the country, shipment is
expected front the marest distribution paint to destitution. and excess freight will be dedumed from Invoice when
shipments are made from great,, distance.
Prams. Seller shall promre ar sellers sole cost all necsmry remain. ttniGcums ad h ax- required by all
applicable laws, reb lotions, ordinances and poles of the sate, municipality, tammry or political mbJivism. where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further amms to hold the City of Fort Collins ham less form and against all liability and Ioss
incurred by them by reason of an asserted or esmblished violation of any such laws, regulations, ordinances, rules
ad a rnir meats.
Authorization. All parties to this contract agree that the reprracnualives are, in fact, bona fide and possess full and
mplete nalhority w bind said parties.
LIMITATION OF TERMS, This Purchase Order eaprrssly limits acceptance to the terms and conditions stated
Leman set forth and any supplementary or additional temp and conditions annexed hereto or incorporated herein by
refetrow. Any addoiowl or dllfarem baw and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
Promised delivery it.,, as ruled_ Time is of she weans. Delivery, and performance must be striated within the time
stated on the purchase omen and the d«umrnts attached hereto. No acts of the Pmchasers including, without
limitation, acceptance organist late delivesna, shall operate as a waive, of this pmvkim. In she net ofany delay,
the Purchaser shall have, in addition to other legal and equitable comedies, the option ofplacing this order elsewhere
.it holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not..his foreseeable which pre beyond its remowble warm] and without its fault of negligence,
such acts of Gad, as of civil or military aurhickin, gmemmrnml priorities, fires, strikes, flood, epidemiea, cams or
ties provided that ..lice of the conditions rousing such delay is given to the Purchaser within five (5) days of the
time when the Seller fast received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal in the time actually lost by tenon ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andlor other descriptions given, will be fit for rise purposes intends, and
performed with the highest degree of care and competence in accordance with accepted smndamd, for work of a
similar centre. The Seller agrees to hold the purchaser hamtlas from any loss, damage or expense which the
Purchaser may suffer or incur on account aria, Sellers breach of warranty. The Seller shall opium, repair or make
good, without cast at the purchmeq any defects or fruits arising within one (1) year or within such longer period of
time m may be presrnhd by law or by the moms of any applicable immunity provided by the Seller aRa the dam of
xmpmtttt of the goad tarnished bereade (acceptance not to be unreasonably delayed), resulting fmm imperf t
or defective work done or natma s futnisbed by the Seller. Acaptarce or use of goods by the Pamlaaser shall not
mredinum a waiver ofany claim under this warranty. Except ses otherwise provided in this pmchax Omer, she Sellers
liability hereunder shall extend to all damages Proximately caused by the Brach of my of the foregoing warranties
or Ipprom ece. but such liability shall in no event include Pass of profits 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 to legal terms by wnnm change one.
5. CHANGES IN COMMERCIAL TERMS.
The Purchase, may make any changes to the it.,. other than legal terms, including additions to or deletions fmm
tic quantities originally ordered in the specifications or drawings, by verbal o wren change order. If any such
change uftects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by worn change order, terminate this agreement u r. any or all portions of the
good then not shipped, subject o any equitable adjustment between the parries as to any work or mamals then in
progress provided that rise Pachazn shall not be liable for any claims for anticipated profits on the uncompleted
ponion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Sella with respect to any goods which art the Sellers smMam stock. No such termination shall relieve
the Purchaser or the Sella of any.frheu obligation, m to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within dairy (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, mid, delivered and f ished in stint
compliance with all applicable laws and regulation to which the good are subject The Seller shall execute and
deliver such documents as may be requited to eRbcl or evidence compliance. All laws and regulations required to be
warranted in agreements of this character are hereby irmspomted herein by this reference. The Seller agrees to
indemnify and hold the Purchaser haalss from all cats and damages suffered by the Purchaser u a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall aaign number, or convey this order. or any monies due or to became due hereunder without the
prior wnmrn consent of the other party.
I TITLE.
The Sella wartanu full, clear and unrestricted 60, to the PurchmeT for all equipre rt materials, and items famished
in performance of this agreement fin pad clew of any and all liens, rsuictions, reservations, warring, interest
cncumbesms and claims ofi there
II. NONWAIVER.
Failure of the Purchaser to insist upon ,lint performance of the temss and conditions hereof, failure or delay an
imerence any rights or remedies prpuw a herein Or by law, failure to promptly notify the Seller in the event of a
breach, she acceptance for payment for goods hereunder m approval ofthe design, shall not release the Seller i f
any of the warranties or obligations of this purchase Grader and shall net be des mal a waiver army right of the
purchaser to iaist aeon strict pens rmatce, halt any of its rights or mmaies as a any such gawk, regardless
of when shipped, received or accepted, as to any our or subsequent default remainder, nor shall any purposed
am modification or tescichat of this purchase order by the Pumhaser operete as a waiver of any of the terns
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from amious,
violations are in fact home by the Purchase. "acrobats, for good cause and as consideration for execuling this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under faces) or stain antitrust laws for such overcharges relating to the particular good or services
purchased or acquired by the Pmchsa Farman to this purchase Omer.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaer directs the Seller to correct nonconforming or iterative goods by a dam to be agreed upon by the
Purchaser and the Seller, and the Seller thneafler indicates its iabild, or unwillingness to comply, the Purchaser
may cares, the .,it to be performed by rise most expeditious means available to it, and the Scher shall Pay all
casts nominated with such work.
The Seller shall or. the Pushrom and its contractors of any tier fmm all liability and claims of any atom
resulting from rise performance orsuch work.
This release shall apply Own in the event of fault of negligence of the party remased xJ shall extend to the
dirapi oRcers and employees ohuch party.
The Seller's commen al obligations, including warranty, shall not be deems to be reduced, in any way, because
such work is perromred or caused to be performed by the Purchase.
14. PATENTS.
Whenever the Seller is mluired to use any design, device, mmaai or process covered by late,, patens, trademark
or copyright, the Seller shall indemnify cod cove harmless the Purchaser from any and all claims for infringement
by mason of the use of such patented design, device, memrial or process in connection with the contract, and
shall indemnity the Purchase for any cast, expense, or damage which it may be oblige to pay by reason of such
infdngcment at any time during the prosecution or after the completion of she work. In case said equipment, or
any pan thereof or the intended use of Be goods, is in such suit held to constion, inGmgrnent and she use of
said equipment m pan is enjoined, she Sella shall, at its own expense and at its option, tither prorate for tire
Purchm,, rise fight to continue using said equipment or pans, replace the same with substantially equal but
amonfnnging equipment, or modify it so it becomes; noninfringing.
15. INSOLVENCY_
If the Sella shot[ became insolvent or bankrupt, make an assignment for the benefit of coahlors, eppoial a
receiver or rntsme for any of the Sellers mv,my or business, Nis odder may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of rams used or the in erpmarion of the agreement and the fights of all panics hereunder shall be
constmed under and governed by the laws of the State of Colomdo, USA.
The following Additional Conditions apply only in re where the Sella is to perform work heundeq
services the sices ofilellers res Rel enmtive(s), on theses premises predators.
17. SELLERS RESPONSIBILITY.
The Sella shall cony on said work at Sellers awn risk until the tame is rally completed and accepted, and shall,
in can of any accident desua Lion or injury to the work allor mamnak before Sallies final completion and
miscountt, complete the work in Sellers own expense and to the satisfaction of the Purchase. When material,
and equipment are f ished by others for installation or erection by the Sella, the Sella shall cocciee, unload,
stare and handle same at the site and become responsible Rmfw as though such materials and/or equipment
were being fumkhed by she Sella under rise order.
19. INSURANCE.
The Sella shall, at his own expense, pmvide for the psyment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purehasc order,
and/or to their dependents in accordance with the lows of the stole in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at ]cut 53M,000 for any one Person, $500,000 for any
one accident and property damage limit per accident of $400,000. The Sella shall likewise require his
if any, to provide for such compensation and insurance. Before any of the Sellers or his convectors
employees shill do any work upon the premiss of others, the Seller shut[ famish the Purchaser with a carrion,
that such compensation and insurance have been provided. Such amificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the time when such compensation
and insurance expiry The Seller agrees shot such compensation and insurance shall be mainmimd until after the
entire weak is mmpletM and occurred.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes rise entire responsibility and liability fin any ad all damage, Ioss m injury ofany kind
or aurae whatsoever to persons or property caused by or resulting firms the exemtion of the work provided for in
this purchase code or in connection herewith. The Sella will indicatory and hold hxml¢s the Purchase and any
r all of the Purchasers officers. agents aJ employees firm and against any and all claims, losses, damages,
charges or expenses, whether direct or incliner, and whether to persons or pmpemry to which the Purchaser may
be par or subject by reason of my act, action, negl,n, omission or default on the pan of the Sella, my of his
commissions or any of the Sellers or contractors officers, agents or employes. In cane any suit or other
Forebodings shall be brought against she Purchaser, or its officers, agents or employees at any time on account or
by reasan of any act, action, neglect, omission or default of rise Sella of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay coy ad all casts, charges, attomrys fees and other expenses,
any and all judgmms that may be jammed by or obtainer against the Pumhav,, or any of its or their o lows,
agents or employees in such suits or other proceedings, and in case judgment or other her Ise placed upon or
obtained against the pmpeny of the Purchaser, or said parties in or as a result of such suits or other pameedings,
the Seller will at once cause the more to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety p a czatiom, famish and install all guard nsssary for the prevention of
accidents, comply with all laws and regulations with, regard to sa&ty incuding, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuanr thereto.
Revised O/R014