Loading...
HomeMy WebLinkAbout104031 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9145347Fort Collins Date: 09/1612014 Vendor: 104031 MOTOROLA SOLUTIONS INC 1307 E ALGONQUIN RD SCHAUMBERG IL 60196 Delivery Date: 09/15/2014 Note: PURCHASE ORDER PO Number Page 9145347 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 WILSON, JILL Line Description Quantity UOM Unit Price Extended Ordered Price Oct -Dec 2014 service period Inv78277071 dated 10/01/14 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:pumhasing@fcgov.00m 1 LOT LS 15,473.67 Total $15,473.67 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 COMMERCIAL DETAILS. Tax exemptions. By stature the City of Fan Collins is exempt from state and local Den. Our Exemption Number is 98-014502. Federal Excise Tax Exemption Certificate of Registry Ob60n0587 is mgisterM with the Collector of Internal Revenue, Demean Colorado (Ref. Colorado Revised Station 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure W meet specifications, either when shipped or due to defects of damage in transit, may be resumed m you for credit and are not to be, replaced except upon receipt of written instmmlum from the City of For Collins. Inspection. GOODS are subject to the City of Fort Collins megaton. m defeat. Final Arcepance. Rmcipl of the merchandise, services or equipment in rnpome m this mover car north in mlharized payment on the Nn of the City of For Collins. however, it is to be understand that FINAL ACCEPTANCE is dependent upon completion of all applicable moored inspection procedures. Freight Teats. Shipments most d F.O.B., City of Don Collins, 700 Wood St.. Fort Collins, CO 80522, unless otherwise sperifid on this cover. If permission is given to prepay fight and charge separately, the original freight bill must accompany invoice. Additional charges for poking will not be acceptant. Shipment Distance. Wherc manufacturers have distributing points in commot pars of the country, shipment is expecled from the named distribution point W destinetion, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all na ., pernies, ecrifiern and licenses required by all applicable laws, regulaions, ordinances and roles of the state, municipality, terrimry or political subdivision where the work is performed, or required by any other duly comb ated public au oong, having jurisdiction over the work of vendor. Seller further ogees W hold the City of Fart Collins hamiless from and against all liabi liry and loss andCement by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mos equiremmts. Authoriutian. All parries to this contact agree that the rep owmanive, are, in fact, how fide and posses full and complete authority m bind said pear ds. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Fort and any suppinnentary or additional terms and conditions annexcnl hereto or incoryomted herein by reference. Any additional or different terms and conditions proposed by sells arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately Wynn ammo make complete shipment to worm on your promised lot,, dale as noted. Time is of the essence. Delivery and performance must be effected within the time sorted on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, a "more of partial late deliveries, shall ppemte w a waiver of this provision. In the event of any delay, the purchaser shall have, in addition W other legal and equitable remedies, the option of ptacing this order elsewhere and holding the Seller liable for damages. Howesxq the Seiler shall Am be liable for damages in a result of delays due W causes rout reasowbly (oresomble which are beyond its reasarable control and witMul its fault of negligence, such ors of God, cps of civil or military, authorities, goverrmened priorities, fires, strikes, flood, epidemics, wars or nuts provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sell,, first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended to, the pond equal W the time actually lost by reason of the delay. 3. WARRANTY. The Seller wmtants that all goods, articles, materials and work covered by Nis color will conform will, applicable drawings, specifications, samples andtor other dncnpriom given, will be fit for the purpoes intended, and performed with the highest degree Of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any Ins, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of womanly. The Seller shall replace, repair or make good, without cost W the pufchnseq any defects or faults arising withinume (1) year or within such longer pmnd of time ss may be peeedbe l by Law or by the emss of any applicable warranty popech d by the Seller after the dam of acceptance of the goads fumishd hereunder (acceptance not to be, unreasonably delayed), resulting from imperfect or defective work dune or matedds famished by the Seller. Acceptance or use of gwds by the Purchaser shall not onstimte a waiver of any claim under this warrant, Except as otherwise provided in this pamhase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warnties or gmparams, bur such liability shall in no event 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 Purchaser may make changes to legal terms by wnnen change ord&. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the etrm, other than legal elms, including additions to or deletions from me examines ongi ally ordered in the specifications or drawings, by eeNal or written change order. If any such change affects the amount due or the time of performace hereunder, an equitable djustmmo shall be made. 6. TERM [NATIONS. The Purchaser may at any time by written change order, Nominate this agreement air to any or all potions of the goods then not shipped, subject to any equitable adjmtmeat between the parties as to any work or materials then in progress provided door the Purchaser shunt not be liable for any claims for mticipmed probes on the uncompleted portion of the gnods mldrm work, her Incident.[ or nonmeta nl WI damps. ad Nat on such adjustment be made in faro, of Slier will, respect to any goods which are the Sellers standmd stock. No such tam unimi shall relieve the Purchaser or the Seller of any oftheir obligations as to my gaxls delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjunment most be asserted within flirty (30) days form the doe the change or tmmiwtion is well 1. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in staid compliance with .11 applicable Incas and regulmions ro which the goods arc subject The Seller shall execute and deliver such documents az may no required to effect or evidence compliance. All laws and regulations required to be, neo ported in agreemen¢ of this character are hereby incorporated herein by this reference. The Seller agrees to wdemnify and hold the Purchaser harmless ffom all costs and damages miTeml by the Purchaser m a tesalt of the Sellers failure ou comply with such law. 9. ASSIGNMENT. Neither party shall assign, another, or convey this order, or my monies due or to become due hereunder without the prior written Comm? of the other party. 10. TITLE. The Seller warrants fall, clear and umnpricted title to the pufchuer for ail equipment, materials, and items funt6hd in performance of Nis agreement, free end clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon sprout performance of the learea and coditiom hereof, failure or delay to exemisa any rights or remcdin provided herein or by Law, failure to promptly notify the Seller in the even of a breach, one acceptance efor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warderies or obligations of this purchase order and shall not be doomed a waiver of any right of the purchaser to insist upon strict performance hereof or any pros rights or remedies as to any such goads, regaovless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Pmchater ope rm as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that is acme] ec no is practice, overcharge resulting from antiman violations are in fact home by the Purchaser. ThemOEsre, for tgood cane and w consideration for retailing this purchase order, the Seller hereby margin W the Purchaser my and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges elating m the paricdan goods or s urnmes purchased or acquired by the purchaser pursumt to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I f the Purchaser dirties the Seller to correct nonconforming or defective goods by adate 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 to be performed by the most expeditions mearss available to it, and the Seller shall pay all costs associated with such work. The Seller shall o lesse the Purchaser and its eontmnors of any tier form all liability and claims of my nature resulting from the performance of such work. this release shall apply even in the event of fault of negligence of the party released and shall extend to ON directors, office. mJ employees ofsuch parry. The Seller's commdwl oblipmenes, including wmmnty, shall nor be, domed on be, reduced, in any way, because such work is per( d or caused to M performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, matenal or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Pumhaer from any and all claims far infringement by reman of the use of such putmtd design, deice, rnateria 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 of such infringement so any time during the promemlrm or eBe, the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to conatimte infringement and the use of snit equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right W continue using said equipment or pats, replace the same with substantially equal but noninfnging equipment, or modify it son it becomes ronii finging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an alignment for the benefit of creditors, appoint a mature, or trmtee far any of the Seller property or business, Nis order may forthwith be canceled by the Purchase, without liability. 16. GOVERNING "WI The definitions afit. used or de interyretatinn of the agreement and the rights of all parties hereunder shall be, command under and gmamed by the laws of the Sure of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder. thry including e seices of Sellers Repesenti ivHs), on thepremiwe of others. 17. SELLERS RESPONSIBILITY. The Seller shall arty on said work at Seller's own risk until the same is fully completd and cceptd, and shall, in se of any occident, destruction or injury to the work =Nor nationals before Sellers final completion and acceptance, complee the work al Sellers own expense end W the smisfachan of the Pumhoser. WTen mamnde and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, anlud, stare and handle mine at the site and become responsible therefor us though such materials eadfor equipment wee being famished by the Seller underlie order. IIC INSURANCE. The Seller shall, of his no expense, provide for the payment of v,indoors compensation, including occupational disease benefits, In its employees employed on or in connection with the work covered by ibis purchase order, and/or to their dependents in accordance with the laws of the state in which the work is W be done. The Seller shall also carry, emmpehenive general liability including, but nol limited to, cantmdwl and automobile public liability insurance ..In bodily injury emit dead, limits of at least S300,O0r far say rote pawn, 550(),000 for any mr, accidml and property damage limit per accident of S400,000. The Seller shall likewise require his o er-o rs, army, to provide for such mmpettsatwo and iwurmcc. Before any of the Sellers or his commcmr, nnployccs shall do any work ,in the premises of others, the Seller shall famish the Enrichment with a certificate tbm such c mpm snion and immune, have been provided. Such conihaaes shall specify the dam when ..on compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expiry. The Seller ages that such compensation and immmnc, shall be ammunind until after the entire work is dandetd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. T'be Seller hereby assumes the entire respm¢ibilityand liability for any and all damage, loss or injury of any kind at namrc whatsoever to persons or property caused by or resulting from the execution of the work provided to, in this purchase cover or in connection herewith. The Seller will idemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employers from and a,arm, any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purehsser may h put or subject by reason of my et, artmn, neglect, omission or default an the pan of the Seller, my of her contractors, or any of fee Sellers or contractors officers, agents or employms. In case any, suit or other proceedings shall be brought apparel the Purchaser, or its officers, agents or employees at any time on account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors ar any of its Or their officers, agents So employees in aforesaid, the Seiler hereby ages to assume the defers r therm( and to defend the same at the Sellers own expense, to pay any and all costs, changes, momeys fees and other expenses, any and all judgments that may be incurrd by or obtained against the Purchaser or any of its or their ollicurs, agents or employees in such suits or other pmeedings, and in case judgment or other lien be placed upon or obtained ageim, the property of the Purchaser, or said parties in or as a will of such stoop or other proceedings, the Seller will at once 'rots, the same to be dissolved and discharged by giving bond Or otherwise. The Seller and his contractors shall tale all safety precautions, famish and install all guards necessary for the Prevention of accidents, comply with OF laws and regulations wit regard to safety including, but without limitation, the Occupational Safety ad Health Act of 1990 and all rules ad reputations issued pursu at thereW. Revised Wn(114