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HomeMy WebLinkAbout102572 ALTEC INDUSTRIES INC - PURCHASE ORDER - 3214342 (2)Fort Collins Date: 09/17/2014 Vendor: 102572 ALTEC INDUSTRIES INC 641 TELLURIDE ST AURORA CO 80011-7818 PURCHASE ORDER PO Number Page 3214342 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to add additional funds per req 48089 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 Total Pay terms net 30 days Invoice Address: 1411411114141 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 exempuom. By statute the City of Fan Calling is exempt from slate and local taxes. Our Exemption Number is It NON WAIVER. 98-04502. Federal Excise Tax Exemption Cmifirm, of Registry 84-60(ol is registered with the Collarm of Failure of the Purchaser a insist upon stem performance of the terms and conditions hereof, failure or delay to internal Revenue, Denver, Culoado (Ref. Colorado Revised SmOms 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the mint of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Good Rejected. GOODS REJECTED due rev failure to meet specifications, either when shipped or due to defog of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be, returned to you for credit and art not to be replaced except upon receipt of written Purchaser to imist upon strict performance hereof or my of its rights or remedies m to any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported sal mrlifcation or rescission of this patching, order by the Purchaser operate as a waiver of any of the tenor Important. GOODS are subject to the City of Fort Collins insPection on mrival. hereof. Final Acceptance. Receipt of the mercharMise, saa ices or equipment in m apome to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authodud paymrnt on the Wit of the City of Fort Collins, However, n is to be understood that FINAL Seller ad to Purchaser raognim that in acted economic practice, o erchouges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable "i ired impaction procedures. victorious we in fact home by the Purchmer. Themoxforefor good came and as consideration for executing this purchase aide, the Seller hereby msigm m fie Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be FOR., City of Fort Collins, 700 Wood Sr, Fan Collins, CO 80522, unless national under federal or one wour st laws for such iwasl anges relating to the particular goods or services otherwise specified on this order. If permission is given tr pmmy freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. AJdainual chames for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipmem is expected from the nearest distribution Paint to destitution, and excess freight will be deducted from Invoice whim shipments are made fmm grata distance. Pemtits. Sella shall procure at sellers ..to met all nimesvry permits, cartifiates and hawas requird by all applicable laws, rapturous, ordinances and rules of the stare, municipality. mmtory Or political subdivision where the work is performed, or required by any other duly comported public authority basing jurisdiction over the work of vendor. Sella further .,,as to hold the City of Fiat Collins harmless flown and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirement. Audamiration. All parties a this contact mom that the mpreantalives are, in fact, bona fide and possess full and complete milaw ry to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance a the team and conditions stated herein sa foM and any supplementary or additional terms ad coditiom annexed hereto or incorporated herein by reference. Any additional or diRerat teat and antlitiom proposed by seller are objecad 1. and hereby jard. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdiately if you cannot make complete shipment to anive oa your promised delivery date as noted. lime is of the essence. Delivery and performance must be a@cted within the time stated on the purchase order and the documents anached hereto. No act of the Purchasers including, without )imitation, acceptance of partial Irate delivenes, shall operate on, a waiver of this provision. In dm event cf any delay, the Purchaser shall have, in addition to other legal and etuitable remedies, fie option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages us a result of delays due to causes not reaanably foreseeable which arc beyond its reasonable coolant ad without its fault of negligence, such no of God acts ofcivii or military authorities, governmental parches, fires, strikes, Brad, epidemics, wars or nets provided dam notice of the conditions causing such delay is given to fie Purchaser within foe (5) days of the time when the Sella first received knowledge fermi In the event of any such delay, the date of delivery shalt Ix extended for fie pond equal to Nc time aaally lost by reason of fie delay. 3. WARRANTY. The Seller warrants that all good, articles, materials end work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit far the purpose, intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a 'molar nature. The Seller agrees w held fie purchnsw harmless from any loss, damage or expanse which the Purchases may suRer or incur on account of the Seller breach of warranty. The Sella shall replace, repair or make good, witlwm Cost a the purehu, any defaN tar fwtts arising within one (1) year or within such longer period of time as may be prescribed by law or by dw It. of any applicable wartavt, pmsided by the Sella.9a the date of acceptance of the good furnished hereunder (acceptance not to be umcamably delayed), resulting fmm imperfect or defective work done or materials famished by fie Seller. Acceptance or use of good by the Purchaser shall at combine a waiver of any claim ands this warranty. Except as otherwise provided in this purchase order, fie Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the fregufng warranties On guarantees, bur such liability shall in no all include toss OfproO,, or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhasa may make changes to legal to. by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Parlower may make any changes to the terra, other than legal terns, including additions to or deletions from the continues Originally ordered in tM Nwiifiauom or drawings, by verbal or wdten change order. If any such change slicers the amount due or the time ofoofiarmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may in any time by wrinen change order, terminate this agreement as to any or all portions of the goads then not shipped, subject to any equitable adjustment between the plies as to any work or materials then in pmgress provided that the Purchaser shall at be liable for any claims for anticipated profits on the uncomplerd portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor offe Seller with respect to any good which are the Sellers standard stock. No such termination shall reline the Purchaser or be Sella of any of their obligmiom as 1r any good delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any Maim fen adjunmrnt most be asserted within thirty (30) days fmm fie date the change or manicurist is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict ompliance with all applicable laws and regulations m which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulmiom required to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the purchaser harmless fmm all costs and damages suB2rd by fie Purchaser as a mull offe Sellers failure in comply with such law. 9. ASSIGNMENT. Neither party shall assign, uamfr, or convey this order, or my monies due or a become due hacunda without the prior written consom offe other parry. 10, TITLE. The Seller warrants full, clear and unresrimed rule to the Purchaser for all equipment, materials, and it. famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances sad claims ofmhers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dunes me Seller to correct nonconforming or defective goads by a date to be agreed upon by fe Foreigner and the Seller, and the Seller thereafter indicates its mobility m unwillingness to comply, the Purchaser may cause the work to W performed by the most expeditions meam available a it, said rise Seller shall pay all costs assawimd with such work. The Seller shall release the Purehasa and ors exmmcmrs of any tier from all liability ad claims of any atme remhing fora the pafotma s, of such work. This role., shall apply even in the event Of fault of negligence of the party released and shall extend to the direears, miters and e.,to.... cf rah pony. The Seller's contractual obligations, including wamdary, shall not be deemed to be reduced, in any way, because such work is perforated or caused to M performed by the Purchana. 14. PATENTS. NTeneva the Sella is required 10 rue any design, device, material or process mverad by lever, patent, tmdemak or copyright, the Seller shall indemnify mad save harmless the Purchaser from any and all claims for infringement by reason of Ne use of such patented design, device, material or process in connection with the another, ad shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the Instruction or ofer, the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit hold ,, c.nslume inGngemem and the use of said etnipowin or pan 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 pans, replace the same with substantially equal but nanin(ringing etuiporal, or modify it so it becomes nanlnGnging. 15. INSOLVENCY. If the Sella shall hansom insolmm or bmnkmpt, snake an nosignimm for fe bereft of creditors, appoint a samica or tmsta for any of fie Sellers property or business, this Order may Roadwork be cameled by the Purchaser without liability. 0. GOVERNING LAW. The definitions oftener used or the interyremtion aflhe agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the aervicm.&Scllers Reprsaenrative(s), on fie premires ofathers. 17. SELLERS RESPONSIBILITY. The Sella shall airy on said work at Sellers own risk until the same is fully completed out accepted, and shall, in case of any accident, destruction or injury to the work ardor materials before Sellers fwl completion and acceptance, complete the work at Sellouts own expense and to to satisfaction of fie Producer. When m'rterisk and equipment aim fumisl d by others for installation or erection by the Sella, the Seller shall metier, unload. store and handle same at the site and become respoaible 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 disease benefits, to its employees employed on or in connection with the work covered by this purchase ortkr, ardor to their dependants in accordance with the laws of fie state in which the work is to be done. The Sella shall also any comprehensive groom] liability including, but Out limited to, contranual and amomobile public liability insurance with bodily injury and death limit of in Icaw S300,000 for any one persons S500.000 fm any e accident and pmpeny damage limit Per accident of 5400,000. The Sella shall likewise squire his contractors, if any, to provide for such compensation and immune. Before any of the Sellers or his communists employees shall do any work upon the promises of others, the Seller shall famish fie Parchmer with a renificam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation 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 be maintained until wor the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assmnn the entire rapomibility and liability for any and all damage, loss or injury of any kind nature whir to persons or prorty pecaused by or resulting from the execution ofthe work Provided for in Natsm is purchase order or in retroaction herewith. The Sella will i hownify most hold harmless the Puchaser and any r all of the Purchssers officers, agents and employees from and against any and all claims, losses, damages. charges or expawis whether direct or indirect, and whether so pewss or property to which the Purchaser may be pat or subject by remain of any act, action, neglect, omission or default on the part of fie Seller, any of his contractor, or any of the Sellers ar commctors officers, agents or employees. In rase any suit or other proceedings shall be brought against the Purchaser, of its.Rcas, agent or employees at any time on recount or by reason of any i cl, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees a aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, atromcys fees and other expenses, any and all judgment that may be ineurd by or obtained against the Purchaser or any of its or their officers, agents or employes in such suits or other pmceedirp, and in came, jd,wma or other lim the, placed upon or Obtained it,wo the property of the Purchaser, or said parties in or us a caul, of such an or other proceedings, the Sella will at one tame the same to b<dissolved and discharged by giving band or oferwise. The Seller and his contractors shall lake all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations wif regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued Fourscore 6wou. Revisal 07/2014