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HomeMy WebLinkAbout113109 WATERFORD CORPORATION - PURCHASE ORDER - 9145132Fort Collins Date: 09/08/2014 Vendor: 113109 WATERFORD CORPORATION 404 N LINK LN, BOX 1513 FORT COLLINS CO 80522 PURCHASE ORDER PO Number Page 9145132 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY -AD 102 REMINGTON FORT COLLINS CO 80524 . Delivery Date: 09/05/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Gate Training Center 1 LOT LS 19,425.00 Waterford Quote July 31, 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@fogov.com Total p 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 L COMMERCIALDETAILS. Tax exemptions. By station the City of Fon Collins is exempt from stale and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise I ax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtute, 1973, Chapter 39 26, 114 SL exercise any rights or remedies provided herein or by law, fit In Or to promptly notify the Seller in the event of a breach, the accepance afor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped Or due to defects of any of the wmmnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be cctumed to you for credit and are not to be replaced except upon receipt of women purchaser to mast upon strict performance hermfor any of pu rights or remedies as to any such good, regardless batructioa from the City of Fon Collins. of when shipped, received or accepted, as many prior or subsequent default hccurader, nor shall any patponed oral modification or rescission of this purhac order by the Purchaser operate s a waiver of any of the toms, lapmrion. GOODS are subject to the Cory of Fon Collins inspection on ara 1. hereof. Final Acceptance. Receipt of the merchandise, sat or equipment in response to this order can repair in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhorised payment on the port of the City Of Pon Collins. bowman, it is to be understood that FINAL Seller and the Purchaser recognin that in actual economic practice. ovemmamnti Largs mantling froatrust ACCEPTANCE is dependent upon completion of all applicable credited inspection procedures. violations are in fact home by the Purchaser. Theretofore,for good cause and as consideration for execm[ng this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now hive or hereafer Freight Terns. Shipments must be P.O.B., City of Iran Collins, 700 Wood St., Pan Collins, CO 80522. unless acquired under federal or state mnitrust laws for such overcharges relating to the particular good or services Otherwise specified on this order. If permission is giventopngay freight and charge s,sitowly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany onvWre. Additional clamors for poking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. whom monufacturers have distributing Form, inv.He. Pans of the country, shipment is Ifthe Purehuer dorms the Seller to correct nonconforming or defective goals by a date to be, agreed upon by life expected f . the nearst distribution point to destination, cad eso— freight will h deduaeJ from Invoice when Purchaser crud the Seller and the Seller thereafter indicates its inability or uowilfegness to comply. the Purchaser shipments on, made from greater distance. may cause the work to be performed by the most expeditious means available to it, am the Seller shall pay all cam sametated with such work. Permits. Seller shall pension, at sellers .to cost all necessary permits, ceNfiectes and lirce,es requited by all applicable laws, regulations, ordinances and rules of the smile, municipality, territory Or palitical subdivision where the work is performed, or required by any other duly ransomed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of peon Cull ins h:mnless from and against all liability and loss incomal by them by reason of an asserted or established violation of my such laws, regulation, ordrimn In,, ones and re a mmas, Authorivrion. All panics to this contract agree that the reprrwordives are, in fact bona fide and possess full and complete authority to bind said padbs. LIMITATION OF TERMS. This Purchase Omer expressly It.,. acceptaou an ,M tans am wnth,ion statW herein set foam and any supplementary or additional terms and condition annexed hereto or incorporated herein by reference. Any additional or different temp, and conditions proposed by seller arc objected 1. and hereby r jmrd. 2. DELIVERY. PI.F.ASE ADVISE PURCHASING AGENTimmediately i1'you cannaI make complem shipment m amve on your promised delivery date as noted. Time is of the v,,mm. Ddovery and performance must be eftbcted within the time stated on the purchase order and the documents attached hereto. No acts of the Purcfers including, without lomomtion, acceptance of panial late deliveves, shall operate in a waiver of this provision, In the event ofany delay, ,he Purchase, shall have, to mount. an other legal and equiable remedies, the option oglacin, this order elsewhere and holding the Seller liable far damages. Howavc, the Seller shall not be liable for &magcs as is result of delays due to causes not ably Rationalist, which are beyond its reamwble vomml and without its Paull of negligence, such acts ofOod, acts of civil or military authorities, governmental pdo aloes, fires, strikes, Road, epidemics, wan or dots provided that active of the condaioa causing such delay is given to the Purchaser within rive (5) days of the time when the Seller first received ka mledge thereof. In the went of any such delay, the date of delivery shall be extended for the period equal to the time actually lust by reason of the delay. 3. WARRANTY. The Seller warrants that all goad, reticles, materials and work covered by this order will conform with applicable drawings, specifications, samples andbr other descriptions given, will he fit for the purposes imended, and perform d with Ore highest degree of care out competence in accepance with accepted standard for work of a 'mofv wore. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Pumhouer may suRer or incur on account ofthe Sella bench organism, The Seller shall nep[ace, repair or make good, without rest to the purehaer, any defects or faults arising within one (1) year or within such longer pedal of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the dare of acceptance of the goods famished hereunder (accepance not to IN, unteawnably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not orcomte a waiver Of any claim under this warranty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mumod by the breach of any Al the foregoing warranties or guarantees, but such liability shall in no event include loss of patios or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchser may make changes to legal mars by women change oMe,, 5. CHANGES W COMMERCIAL TERMS. The Parchanor may mike any change 1. the a,—,. .,he, than legal team, including additions to or deletions from the gginfll. originally ordered in the specifications or drawings, by verbal err written change order. If any such change affects the amount due or the lime of perfnnaince hereunder, an equitable adjustment shall be made. 6. TERMMATIONS. The Purchaser may at any time by written change order, terminate this agreement a to any or all pinion of the good then nil shipped, subject to any equitable adjustment between the ponies as to any work or mnatmias Then in progress provided Unit the Purchser shall not be li dde far any claims for anticipated profits on the uvcomphtcd portion of the goods andtor work, far oncidenml or comaryerm.1 damages, aM ft, no such a glearrnenl ho made in favor of the Seller with respect to any good which art the Shcm standard stock. No such temdaamen shall relieve the Purchaser or the Seiler ofany of their obligation as to any good delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dam the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold heretmAer shall have been produced sold, deivered and fished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute rho delver such documents as may be acquired to effect or evidence comploantt. All laws and regulation national to br incorporated on agrtemems of this character are hereby incopors ed hereon by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suRered by the Purchser s a result of the Sellers failure a amply with such raw. 9. ASSIGNMENT. Neither party shall assign, tmnfe, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrens fall, clear and utueso-pcmd title to the Purchser for At equipment. materials, and items f shed in performance of this agreement free and clear of eery and all hem, restriction, reservation, aecwty, interest encumbmncus and claims of corers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my nature romping from the performance oI such work. This release shall apply even in the event of fault of negligence of the party released rand shall extend to the directors, officers and employees ofauch party. The Srllers contramnsl obligation, imIndia, warranty, shall at be deemed to be reduced, in any way, because such work is performM or caused as be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent, vademad or copyright, the Seller shall indemnify and save hmmlesa the Purchaser from any cad all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser far any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In rase said equipment, or any part thereof or the intended use of the good, is in such suit held to mafimte infdngemem and the are of said equipment or part is joined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the dill, m continue sing said equopmen, or pans, replace the come with substantially equal but wninflinging equipment, or modify it w it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become inwlvmt err bankrupt, make an sssigmnent for the benclit of cmddon, appoint a or ,tame far any of the Sellers property or business, this order may, forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitio s ofterms used or the interpretation ofthe agreement and the rights of all parties herewder shall be construed under and govemed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in rat axess where the Seller as to perform wad hereunder, including the service afSAlers Ro prtseemtive(A. on the premiss of offers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work in, Sellefs own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work maker mammals before Settees final completion and .reliance, complete the work m Sellers our expense and to the satisfaction of the Purchser. When materials and equipment are famished by other, for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such mammals author equipment were befog Enmeshed by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for roe paymen, of. elk. compensation, including occupatimul disease benefits, to its employees employed on or in connection with the work covered by this purchase Order, unkor to their dependents in accordance with the laws of roe state in ahicb the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited an contractual and automobile public liability instance, with bodily rRO, and death limits Of at lest S30ROW far any one person, $500,000 for any me accident and property damage limit per accident of S411g00o. The Seller shall likewise require his cammetors, if any, m provide Branch compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fumosh the Purchaser with a certificate tint such compensation and insurance have been provided Such certificates shall specify the dare when such ompnsation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall h maintained until afor the mire work is completed arm accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for any and all damage, nos m injury of any land or nature whatsoever to persons or prOperty caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or problem, and whether to persons or property to which the Pmchuer may be pm or subject by rtaaun of any net, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors dicers, agents or employees. In case any suit or other Proceedings shall be brought against he Purchser, or its officers, agents or employees at any time on account or by reason of my so% action, neglect, omission or default of the Seller of any of his compilers Or any of as or their i iners, agic s or employees s aforesaid, the Seller hereby agrees to assume the defense thereof it a defend the same at the Sellers own expense, to pay any and all costs, charge, attorneys fees and other expenses. any and all judgments that may b< incurred by or obrrined against the Pumhser err any Of is err their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained agai of the property ofthe Purchaser, or said paces in or as a result of such suits or other proceedings, the Seller will al once cause lire same to he dissolved and discharged by giving band or otherwise. The Seller and his communist shall take all safery precaution, famish and insmll all good necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without Ilmllation, the Occupations[ Safety and Heald Act of POP and all roles and regulations issued pursuant damaa. Revised 07P014