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HomeMy WebLinkAbout104905 GADES SALES CO INC - PURCHASE ORDER - 9145416Fort of Date: 09/18/2014 Vendor: 104905 GADES SALES CO INC 7100 N BROADWAY SUITE 5T DENVER CO 80221-2923 PURCHASE ORDER PO Number Page 9145416 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 09/18/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t RU2 Speed Radar Signs Quote - RU2 Systems 9/10/14 RU2- 400 SPEED RADAR SIGNS INCLUDES: RED/BLUE - SLOW DOWN OFFSET TIME OF DAY FEATURE FOR THE FOLLOWING LOCATIONS: E. Stuart and Stover 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 LS 5,895.0000 23,580.00 Total 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collins is exempt from state and Im it taxes. Our Exemption Number is 98-04502. Federal Excise Tax Examinant, Certifeme of Registry 84-6000587 is reftimred with the Culled.. of biracial Revenue, Denver, Colorado (Ref. Colorado Revised Swmtes 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED dire to failure to meet specificatimas, either when shipped or due to defects of damage in tmmit, may be renamed to you for credit and are not to be replaced except upon receipt of wdnen itunumnotrs from the Cary of Fort Collires, Inspection. GOODS are subject to the City of Far Collim formation on arrival. First Acceptance. Receipt of the merchandise, services or equipment in response to this over can result in authorized payment an the pant of the City of For Collins. However, it is to be understand that FINAL ACCEPTANCE o dependent upon completion of all applicable enquired inspection procedures. Frelghl Terms. Shipments must be F.O.D., City of Fort Collins, 900 Wood St,, Fan Collins, CO 80522. unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany income. Additional charges for parking will not be accepted. Shipment Distance. Whece menuf rromms have distributing paints in versions pate of the country, shipment is expected from HE, mints, distribution war to destination, end excess freight will be deducted from Invoice when shipments are made from Bremer distance. Permits. Seller shall pnseure at sellers sole cast all necessary perils, certificates and licenses required by all applicable laws, regulmime, ordinances and pules of the state, municipality, moor, is, political subdivision where the work is perfared, or required by any other duly commuted public authority having jurisdiction over the work of vendor. Sella lumber agrees to hold due City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or rsmblished violation of any such laws, regulawres, ordinances, tales and rryuirements. Authorization. All panics to Nis commh agree that Ne reprawassiva are, in fart, bores fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly lard acceptance at the terms and conditions stated herein set forth and any ti,larmadary or additional tams and conditions annexed hereto or incorporated basin by reference. A, additional or differen,term and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannon make complete shipment to arrive on your promised delivery rime as noted. Time is of the was ma. Delivery not peflarwee now, be effectrd within the time stated on the purchase order and the documens mtxhed hereto. No ace of the purchasers including, without Imitation, acceptance of panial lam delivemes, shall operate as a waiver of this provision In the evenl army delay, the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing His order elsewhere and holding the Seller liable for damages. Howevea the Seller shall not be liable for damages as a result o'delays due to muses rim reasonably foreseeable which art beyond its rasonably control and without its fault of negligence, such acts of God acts of civil or military authorities, governmental priorities, fires, strikes, flood, rpidawe,' wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) Jays of the time when the Seller first received knowledge thereof. In Else event of any such delay, the date of delivery shall be extended for the period equal to the rime mtually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, anicks, materials and work covered by Nis order will contort with applicable drawings, specifications, samples anNor other descriptions given, will he fit for the purposes, 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 loss, damage or expense which the Purchasar may suffer or incur on account ofNe Sellers breach of waranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer ps mmi of time us may W prescribed by law or by the term of any applicable warranty provided by the Seller after the &te of acceptance of the goods burnished hereunder (acceptance not W be wressombly delayed), resulting from imperf t or defective work done or materials famished by the Seller. Acceptance or use of goods by Else Purchaser shall rat convorme a waiver of coy claim who this wormmy. Except as otherwise provided in this purchase under, Ne Sellers liability hereunder shall extend to all damages passionately mused by the breach of coy ofthe foregoing waranfirs or gmrantas, but such liability shall N net event include loss o'profiw or loss of re, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by winner change arder. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes as 0m forms. other than legal ta., including additimms to or delmiom from the quantities originally ordered in the spaificatiom or drawings, by sabot or written change order. If any such change effects the amount due or the time ofpsaffintrannints, hmewder, an equitable adjustment shall b, made. 6. TERMINATIONS. I'he Purchaser may at any time by written change order, tennlnate this agreement as to any or all Wrtions of the good then nor shipped, subject to any equitable adjmonam between the parties as to any work or nmatawls then in progress provided that the Purchaser shall not be liable for any claims for anlicipated parties on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment Na made in favor of the Seller with respect to any goods which art the Sellers stanched stock. No such termination shall relieve ,he Purchaser or Nr Seller of coy oftheir obligations as to any good delivered hereunder. 'I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mesa be, worried within Natty, (30) days from the date the change or lamination is ordered. 8. COMPLIANCE W11'H LAW. The Seller wafants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulatiom b which the goods art subject. The Seller shall execute and deliver such documents as may be required m effect or evidence compliance. All laws and regulations squared to be incorporated N agreements of this damener are hereby incorporated herein by this reference. The Seller agrees to indemnify aad held the Purchaser hamiless firm all costs and about suffered by Ne Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall .sign, transfer, or convey This order, or any monies due or to become due hereandear without the prior women consent of the other party. I O. TITLE. The Seller warms full, clear and womntmed title m the Purchaser for all equipment, mamdaB, and therm famished in perfamc a of this agreement, fl ee and fete, clear of my and all restrictions, ms on tom, security interest m armard ncrsand claims of oNers. I I. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay m any rights or remedies provided hertin or by law, failure to promptly notify the Seller in the event of a breach,tthe acceptance of or payment for goads hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not k deemed a waiver of any right of the puahaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, es to any prior or subsequent default hereunder, our shall any pmpmted and modification or rescission of this purchatt order by the Purchaser operate as a waiver of tiny of the tames hereof 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, o ercharga resulting from antimust violations arc in fact boom by the Patti Theretofore nfotr and cause and as consideration for executing Nis purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overchmges relating to the particular goods or services purchased or sequined by Ne Purchaser pursuit to this Ourchax oNer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thrower indicates its inability or unwillingness to comply, the Pmchroer may cause the work to be performed by the most expeditions means mailable If it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This relame shall apply even in the Dent of fault of negligence of the parry relmsed and shall extend to the variants, offirm and employees ofauch party. The Sellers contractual obligations, including warranty, shall not be domed to be reduced, in any way, berame such work is performed or card to be perfored by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hmmlas the Purchaser from any and all claims for infringement by reason of the nse of such patented design, device, material or pfacess in comedian with the comfort, and shall ia&mni(y the Purchaser for any cost. expaw, or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prmmmion or after the completion of the work. In case said equipment, or any pan thereof in the intended use of Ne good • is N such suit Said to constitute infringement and the am, of said ampersand or par is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same wid, substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller that become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a o, more fir any of the Sellers property or business, His aide, may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dfniliom a fit. used or the interpretation Ethe agreement and the rights ofall parties hereunder shall be construed under and gavemed by the laws ofNe State ofColomri USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represemnutive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in me of any accident, destruction in injury to the work andsor matevls bef Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the purchaser. When materials and equipment are furnished by others for installation or erertion by the Seller the Sella shall receive, mmload store and handle same at the site and become responsible therefor w though such materiaD andlor equipment were being fumished by the Seller under the arder. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including oa.'minnal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and i, m Nair dependents in accordance with the laws of the stem in which Ne work is to be done. The Seller shall also tarty comprehensive general liability including, but nor limited to, commdml and automobile public laabday tmurmce with bodily injury and dad, limits of a, lead 5300,000 for any one person. SSW.000 for any ma trident and property damage limit per accident of 5400,000. The Seller shill likewise require his tmmctors, if any, to provide for such compensation and imumnce. Before any ofthe Sellers or his condors employees shall do any work upon the premises of ethers, Else Seller shall famish the Purchmer with a cenaficate, that such compensation and insurance M1ave been provided. Such ecnifcutes shall spaify the dam when such compensation and immune have been provided Such certificates shill specify the rime when such compensation and insurance expires. The Seller agars that such compemsmion and insurance shall be maintained until after the entire work is completed and accepted. Po PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby awurnes the entire rnpomibilily and liability for any and all damage, loss or injury nfany kind nature whatsover to persons or pmpeny mmsed by or resulting form the execution of the wm4 provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless Ne Purchaer and any r all of the Pu achwers olTcers. agents and employees Item moil against any and all claims, Iowa, &rages, charges or asperities, whether direct or indirect, and whether to persons or property to which the Purchaser may be Pot or subject by min. of any act, :Minn, neglect, omission or default oa the Two of the Seller, any of his contractors, or any of the Sellers or contractors affects, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by season of my act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their aiffli naves or employees w aforesaid, the Seller hereby agrees to assume the defense, thereof cod to defend the same at the Sellers mar expense, to coy any and all roars, charges, mmramifa f emd aware expenses, any need all judgmrns Her may be incurred by or obtained agaiml the Purchaser or my of its or their officers, agents or employees in such suits or oNer pareadings, and in cast judgment or other lam be placed upon or obtained against the property of the Purchases. or said parties in or as a result of such suits or other proceedings, the Seller will in once cause the same to br dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupatioreal Safety and Health Act of PGO and all roles and regulations issued pursuit thereto. Revised 071I014