HomeMy WebLinkAbout124742 DISPLAY DEVICES INC - PURCHASE ORDER - 9145144Fort Collins
Date: 09/08/2014
Vendor: 124742
DISPLAY DEVICES INC
10828 HIGHWAY 93
GOLDEN CO 80403
PURCHASE ORDER
PO Number Page
9145144 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 - 1 ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 09/08/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
r PEG Equipment Racks Install 1 LOT LS 14,443.26
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
Total $14,4
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
1. COMMERCIAL DETAILS.
Tax exemptions- By statute me City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
9STaS01 radical Excise Tax Exemption Cmificate of Registry 84-6000587 is registered with the Collcem, of
Failure of the insist Purchaser to iupon strict perfommrae of the terms and conditions hereof, failam or delay to
mtemal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 19D, Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein at by law, failure to promptly notify the Seller in the event of a
breach, the acceptance Of or ,narar for goods hereunder or approval arm design, shall not.1.c the Seller of
Goods Rejected, GOODS REIECTED due to failure to meet specifications, either when shipped or due to defects of
any nf,he waramles or obligations of this purchase order and shall not be deemed a waiver Of any right of the
damage in trarttiL may be retained to you for credit and are not to be replaced except upon receipt of written
purclume,to insist upon strict performance hereof or any of its rights or remedies in to any such goads, regafdless
irvtruaion from the City of Fort Collins.
of whin shipped, received or accepted, as as any prior or subsequent default hereunder, nor shall any postponed
and 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 Fort Collins inspection on anied,
hereof.
Final Acceptance. Receipt of fe merchandise, mrvic s or equipment in response in this order can r esult in
12.ASSIGNMENT OF ANTITRUST CLAIMS.
authorged Payment on the parr of the City of Foe Collins. However, it is to he uderonval that FINAL
Seller and the Purchaser recognize that in actual ec mane practice, ovemhmges resulting from antitrust
ACCEPTANCE is depeda t upon mmpletice of all applicable on uired important procedures.
violations am in fact bore by the Purchaser. Limitations, for goal muse and as conaidemnsm for executing fir
purchase order, the Seller hereby assigns to the Purchua any ad all claims it easy raw have at hi eaner
Freight Terns. Shipments must he LOD., City of Fan Collins, Ad Wood St, Pon Collins, CO 90522. unless
acquired under federal or some antitrust laws for such overcharges relating to the Formula, goods or services
Otherwise specified on this order If peco,ission is ,on to prepay freight and charge a,mmely. the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must.....a... invoice. Additional chances for racking will not be accepted_
Shipment Distance. Where mamfocmam have distributing proms in various pans of the country, shipment is
expected from the moment distribution point to drstination, and excess freight will he deducted form Invoice when
shipments are made from greater distance.
Peanuts. Seller dull procure at sellers sale cost all nmessary permits, conductors and licenses required by all
applicable laws, regulations, ordinances and rates of the sure, municipality, temmry or Political subdivision where
the work is performed, or mr daed by any other duly constituted public authority having jurisdiction over she work
of vendor. Seller further agrees a hold the City of Fon Collins harmless from and against all liability and loss
ayereed by them by .,an Of an asserted or aublished violation of any such laws, regulations, ordinances, roles
rearequirements.
Authorization. All ponies to this contract agree that the re rare =tivu are, in fact, Form fide and possess full ad
complete authority m bind said Pafrs,
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temp ad conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorpnmmd herein by
reference. Any additional or different terms and canditions 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 data as noted. Time is of me essence. Delivery and performance must be effected within the time
sated on the purchase order and the documen¢ attached herein. No aces of the Purchasers including, without
limitation, weeptmtoc of'panial late deliveries, shall .prime as a waiver of this provision. In the event Of any delay,
the Purchaser shall have, in addition to other legal and equiable remedies, the option of placing mis order elsewhere
and holding me Seller liable fur damages. However, the Seller shall not be liable for damages so a result of delays
due so muses not rmsombly frmseeeble which are beyond ors ..Me mmml and without in fault of negligence,
such acts of cod, acts of civil or military authorities, gco mmmml priorities, fires, strikes. rood, epidemics, wars or
riots provided mat nice of the conditions causing such delay is given to the Purchaser within five (5) dap of the
time when the Seller first received knowledge thereof In the event of any such delay, tle dare Of delivery shall be
extended fee the period equal to the time .,.ally las, by reamn f,he delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or ocher descriptions given, will be fit for the purposes intends, and
pedonned with the highest degree Of ram and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold me purchaser heartless from any loss, damage or expense which the
Purchaser may surer or incur oa account ofine Sellers breach of warranty. The Seller shall replace, re, it or coal:.
good, wjtlrom coma the portx sea any defects a, faults arising within one (1) year or within such longer period of
time as may be presc psd by law or by he mums of any applimble warranty provided by the Seller aver the date of
wceplanm of the goods famished hereunder (accordance not to be unreasonably deloyed), resulting front impedmt
Or defective work done or materials famished by he Sol ter. Acceptance or use of goods by the Purchucr shall not
onstiture a waiver of any claim under this warcan,y. Except as Otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all ddmagu proximately caused by the breach of any ofine foregoing mare n s,
or gprommes, but such liability shall in no evem include loss of pofts or low of we. 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 written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchase may make any changes to the terms. Omer dean legal romann farm s, including additions to or deletions
the quoulai.e
originally ordered in the specifications or drawings, by verbal or wri om change order. If any such
change affects the amount due or the time of performance hereunder, an equitable adlusunent shall be made.
6. 1 ERMINATIONS.
Him Purchuer may at any rime by wainen change color, arromme this afuneemmt u to any Or all portion of me
goad then not shipped, subject,. any equitable adjustment b aromm the ponies as to any work Or materials then in
progms provided bar the Purchaser shot[ not be liable for any claims for anticipated profits on the uncompleted
,upti of the goods nnNor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard sack. No such saturation shall relieve
me Poorest w the Settler of any rltheir obligation as in any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mint be comfi d within shiny (30) days from the date the change or nomination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants mat all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which me goods are subject The Seller shall execute and
deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees in
indemnify and hold the Purchaur harmless from all cents and damages suffered by me Purchaser as a result of me
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither piny shall assign, mature, 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 aaman s full, clear and considered file,. the Purchaser for all aluipmmt materials, and items fumisbd
in performerne, of this agreement, f and clear of my and all lien, anduction, reservations, security interest
encumbrances and claims ofmmix.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifiber Purchaser directs foe Seller to correct nonconforming m defective goods by a date to h agreed upon by the
Purchaser and the Seller, ad me Sella th avot er indicates its inability or unwillingness ea comply, the Purchaser
may cause me work to be Performed by the most expeditious means available to it, and me Sella shall pay all
ensis associated with such work.
The Seller shall release the Purchaser ad its contractors of any tier from all liability and claims of any n.mre
ruuhingf the parms. of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to me
directors, ofi err and employees attach party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused 1. be performed by he Purchaser.
14. PATENTS.
Whenever the Seller is required trs use any design, device, material or process covered by letter, patcm, trademark
or copyright, the Seller shall indemnity and save harmless me Punctuator 1'mm any and all claims for Infringement
by reamn of the use of such rumored design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliSc l as Pay by reamn of such
infringement at my time during the prosecution or aner me completion of the work. In case mid equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infiingemeut and the use of
said equipment or part is cadoined, the Seller shall, at its awn expense and at its option, either procure for the
Purchaser the right m mminue in, said equipment Or pan, replace the same with substantially equal bar
noninfringing equipment, or modify it so it becomes noncommittal,
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make son assignment for the benefit of creditors, appoint a
amver or trustee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the
Purolator without liability.
16. GOVERNING LAW.
The definitions of rrmms used or the interpretation ofine agreement and me rights of all panics hercwder shall be
construed under and Reversed by fe laws ofine State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including me services of Sellers Representative(s), on the premises of offers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Settees own risk until me some is fully completed and accepted, and shall,
in e of any accident, destruction Or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials
ad equipment ore Statistical by others for installation Or abortion by the Seller, me Seller shall receive, named,
start ad hurdle same at me site and become responsible marefor, as fmugh such materials and/or equipment
wort being famished by flue Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment Of workers compensation, including Occupational
disease benefits, to its rmpl6yces employed on or in connection with the work covered by this purchase color,
anchor in their dependence c accordance win me laws of me slam in which the wad: is tre be done. The Seller
shall also may comprehensive general liability including, but not limited to, mntax mal and automobile public
liability insurance with bodily injury and death limits M an Icxv, S30 OKXi for any one person, $500,000 for any
ce accident and property damage limit per accident of S400,000. The Seller shall likewise require his
ontractors, irony. to provide far such compensation and insurance. Before any of the Sellers or his contractors
employees shall M any work upon,he premises of others, me Seller shell finish the Parchaser will a certificate
chat such comprnsation and inurem, have been providd. Such certificates shall specify me date when such
ampemalon and insarzne, have Bern provided. Such ceniemles shall specify the dale when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until net me
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby uwumes the more aspect and liability for any and all damage, lass or injury Many kind
r nature whosoever to person or property mmued by or resulting from the execution of the work provided for in
this purchase order car in connection herewith. The Seller will indemnify and hold harmless the PurcM1uer and any
r all Of the Purchasers officers, agents and ormoyces from and against any and all claims, lasses, damages.
charges or expenses, whether direct or indirect, and whether to Person or property to which the Purchaser may
he pm or subject by proven of any act, action, neglect, omission or default on the pan of me Seller, any of his
contractors, or my of the Sellers or contractors officers, agents or employess. In mu any suit or other
procnel ngs shall he brought optima me Purchaser, or its officers,.gents or employees at my time m -crow, or
by ceawn of any act, action, neglect, omission or default of the Seller of any of his emoracmrs or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at me Sellers awn expense, to pay any and all costs, charges, attorneys fees and other expenses.
my add all judgments that may be incurred by or obtained against me Purchaser or any of its or their officers,
agents or employees in such suits or other praccadings, and in cove judgment or other lim be placed upon or
obtained against the property of the Purchaser, or said parries in or as a result ofmch suits or other proceedings,
the Seller will in once cause the same to be dissohd and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of
accidents, comply with all rows and regulations with regard to safety including, but wimom limitation, the
OccuWtional Safety and Health Act of 1970 and all doles and affiliations issued pursuant memo.
Revised 072014