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HomeMy WebLinkAbout104378 CUES INC - PURCHASE ORDER - 9145166PO PURCHASE ORDER 914516er Page C117/ of PURCHASE 9145166 1 of 3 ' `tCollins Thisnumber must appear ` on all invoices, packing sli s and labels. Date: 09/09/2014 Vendor: 104378 CUES INC 3600 RIO VISTA AVE ATTN: PAUL STENZLER ORLANDO FL 32805 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/08/2014 Buyer: DOUG CLAPP Note: reference SS 2013 Cues CCTV replaces unit# 27029 Line Description Quantity UOM Unit Price Extended Ordered Price i CUES CCTV INSPECTION TRUCK PER QUOTE DATED 8-15-14 per Tom Rebozo Regional Sales Mgr. Cues Inc. Total Cost: $184,100 FOB: Fort Collins, CO Net 30 , Delivery 90-120 days Operator's/Owners manual etc to be included. Dept: Wt. Utilities Dwight Dufloth/ Ray Fisher Deliever TO: Fleet Main Services Shop 906 W. Vine Fort Collins, CO 80521 Contact: Greg or Eric oh# 970-221-6613 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 1 LOT LS 184,100.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9145166 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price " Please call 24 hours prior to Delivery " 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 184,100.00 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 3 of 3 1. COMMERCLll, DETAILS. Tax exemptions. By statute the City of Fan Collins u exempt from sure and local nixes. Our Exemption Number is 98-04502. ImEal Excise Tax Exemption Cenificme of Registry 84-6000587 it registered with the Collector of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet speci fctdions, either when shipped or due to defects of damage in transit, may be returned to you for medd and are nut to be replaced except upon reemid of writits instructions from the City of Fort Collins. Inspection. GOODS are subject m the City .17F. Calkers Dilatation on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order ran result in authorized payment on the Pan of the City of Forst Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection prattdures. Freight 1'emu. Shipments most be F'.OD., City of Fort Collins, ?W Wood Sr, Fort Collins, CO 80522, unless otherwise specified on this order. Ifpciardission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be acceptor. Shipment Dommes, Where munudmmrers heve domibmirg priors in various part of the country, shipment is expttdd Tom the nearest dolubmion point to destination, and excess freight will Or deducted from Invoice when shipments are made from greater distance. Prrmits. Seller shall procure at sellers sole can all necessary pemtits, cenfflim es and licenses required by all applicable lass, regularises, ordinances and roles of the cute, municipality. territory or political subdivision where the work is performed, or required by any other duly constituted public authority basing jurisdiction over the work of vendor. Seller fuller agrees m hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an averted or established violation of any such laws, regulations, ordinances, roles and rryuiremems- Authorization. All panics to this contract agree that the m,mienulives are, in Fact, bane fide and posse full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits nccepmnce to the terms and conditions soled herein set Each and any supplementary or additional tens and conditions annexed hereto or incorporated herein by mtrenee. Any additional or different him. and conditions proposed by seller it objected to end hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot nuke complete shipment to arrive on your promised delivery dam as noted. lime is of the essence. Delivery all Performance in= b, efferted within the time sm,ed no the pdrehase order and the documents attached hereto. No at. of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiverofthi, pusew n. In the emmofany delay, ,he Pureluser shall ham, in addition to Other legal and qunable mmedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays dam to causes no, reasonably foreseeable which ate beyond its reasonable control and without its fanll ofnegligence. such acts of God, acts ofcivil or militaryauthorities, govemmenal priorities, fires, strikes, flood, epidemics, oats or rials provided that notice of the conditions causing such defy is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the penad equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wa .. that all lords, articles, mmenals and work covered by this order will conform with appliable drawings. specifications, samples wNar other descriptions given, will be fit for the purposes intended, and pec om al with the highest degree of cue and competence in accordance with accepted sundards for work of a similar mare. The Seller agrees to hold the purchaser hamldo from any loss, damage or expanse which the Purchaser may suffer or incur on account of he Sellers breach of wmracry. The Seller shall replacer ¢pair or make good, earn, cost ,o the purchmur. any defects or faults raising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the dale of acceptance of the goods famished hereunder (acceptance no, to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Aro, mutt or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided is This purchase ordeq ,he Sellers Imbil iry hereunder shall extend to all daneages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of pmOts 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 lend terms by written change order. 5. CHANGES IN COMMERCIAL, TERMS. The Purchaser may make any changes to the terms, other than Legal tens, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be nude. 6. TERMINATIONS. The Purchaser may at any time by written change order, dramatic this agreement as to any or all portions of the goods then not shipped, subject to any equiable adjustment between the parties as to any work or materials then in pm,— provided tlut dre Purch:uer shall nor be liable for any claim, for isawipmed profit on the oocumplaM portion of the grads amVor work, for incidental or consequential damages, and that tun such adjustment be made in favor of the Seller with mpem to any guards which arc the Sellers standard stork. No such temmication shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assened within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and tgulaions required to be incorporated is agreements of this character are hereby incorporated herein by this reference. The Seller emcees to iMemreify and hold Ne Purchaser harmless from all costs and damages suffred by the Purchaser ss it result of the Sellers failum to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or cry monies due or to become due hereunder without the prior written consent of the other pray. 10. TITLE. The Seller warrants full, clear and movement) title to the Purchaser for all equipment, materials, and items boosted in performance of this agreement, free and clear of any and all lien, restnconod, reservations, security interest encumbrances and claims ofolhers, 11. NONWAIVER. Failure of the Purchaser to most upon suer performance of rise terms and conditions hereof, failure or delay to zimise any rights or remedies provided herein or by law, failum to promptly notify the Seller in the event of a breach, the accepmntt of or paymem for goods hereunder or approval with. design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral combination or rescission of this purchase order by the Purchaser operate ex a waiver of any of the mans hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser ceramics, that in areal ommarrie practice, membranes resulting from aarirmsl 1.1300. art in fact home by the Purchaser. Theretofore, for Good cause and as consideration for executing this purchase odor, the Seller hereby assigns in the Purchaser any am all claims it may now cave or hereafter acquired under federal or state antitrust laws for such certificates relating to the particular goods or services purchased or acquired by the Purchaser Farman to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser direct the Seller to cancer nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work In be performed by the most expeditious mum available to i,, and ,he Seller shall pay all costs associator with such work. The Seller shall release the Purchaser and its comranors of any tier from all liability, and claims of any nmmre mashing from the paformame orsueh work. This release shall apply even in the event of fuel, of negligence of the Pasty releasal and shall extend ,o the directors, oRcers and employees ofsuch parry. The Selle(s contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because Sash work is perfumed or c....d to be perpetrated by the Pumhaer. 14. PATENTS. Whenever the Seller is r quirW to use any design, device, material or process covered by letter, patent, trademark or coffruglq the Seller shall indemnify and save harmless the purchaser from any and 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 for any cost expense or damage which it may be obliged to Pay by reason fsuch immigration at eery time during the pmuccution or after the completion of the work. In case said equipment or any pan themsf or the imemed tie of the goods, is in such suit held m.... infringement all the new of said equipment or pan is enjoined, the Seller shall, at its own expmsse and st its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially quad but noninfringing equipment or modify it so it becomes noninrringing. 15. INSOLVENCY. If the Seller shall become insolvent or badimp, make an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers property or business Nis order may forthwith be canceled by the Purchaser withoul liability. 16. GOVERNING LAW. The definitions off. used or the in etprrmtion of the ngreemen, and the rights of ell panic herearder shall bd mnsnued under and governed by the laws ofd¢ Sure ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to ptrfome work hereunder, including the services of Sellers Rat preuntative(sh an the prefixes ofothers. 17. SELLERS RESPONS M I LITY. The Seller shall can on said work at Seller's own risk until the same is Lally completed and accepted, and shall, in rase of any accident, destruction cur injury m the work rancor materials before Seller's final completion and acceptance, complete the work a, Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store rid handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18.INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational diseau benefits, to its employees employed on or in connection with the work covered by this purchase order, andoor to their dependents in accordance with the laws of the state 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 hzlily injury and death limits of at least S300,000 for any one Person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his rnon.cmrs, if any, nor Provide for such compensation and insurance. Before any of the Sellers err his contractors employees shill do any work upon the premises of others, the Seller shall fmish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such ompauation and insumnce have been provided. Such certificates shall specify the dad when such compensation and insurance expires. The Seller agrees that such cwmpewtion and i ourmece shall be maintained until after me entire work is completed and acceptN. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby stammer the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whosoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hornless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, loses, damages, charges or expenses whether direct or indirect, and whether to persons or property m which the Purchaser may be put or subject by reason of any act, action, oaglecl, omission or default on the pan of ,he Seller, any of his contactors, or any of the Sellers or contactors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees ar any time on account or by reason of any act. action. neglect omission or default of the Seller of any of his contractors or any of its or ,be,, officers, agents ar employees as aforesaid, the Sella hereby agrees to avurne the defetnse thereof and to defend the same al Ne Sellers own expense, to Pay any and on rusts, chromes, otmmcys fees am other expeaes, eery and all judgmenu Out may be incurred by or obtained against the Purehaser or any of its or their oRcers, agents or employees in such suite me other proceedings, and in case judgment Or other lien be, placed upon or Obtained agaimr the property of the Purchaser, or said ponies in or as a resin, ofsuch suite or other proceedings. the Seller will at once cause the same to be dissolved and diseldmi by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary, for the prevention of accidenm, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and al I roles and regulations issued pursuantthereto. Revised 0IR014