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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9145626Fort Collins Date: 09/29/2014 PURCHASE ORDER Vendor: 126722 WIRELESS ADVANCED COMMUNICATIONS 3901 W SERVICE RD EVANS CO 80620 PO Number Page 9145626 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 Delivery Date: 09/29/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 MV Parts & Accessories Inv.l-2199734 dated 8/8/2014 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 1 LOT LS Total Pay terms net 30 days Invoice Address: 5,115.00 Ii VIO City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCUU.DETAUS. Tax exemption. By sorer, the City of Fon Collins is excmpr from stare and local mines. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Crificam of Registry 84fi000587 is registered with the Collator of hnemA Revenue, Denver, Colorado (Ref Colorado Revised Stamra 1993. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due In failure to meet specification, either when shipped or due to defects of damage in noansit may be returned to you for credit and are not to be replaced except upon receipt of wrinen immadiam from the City of Fort Collins. Inspection. GOODS are subject o the City of End Collin inspection on consul. Final Acceptance. Receipt of the merchandise, services or equipment in response W this order co result in authorized payment on be pan of the City of Fort Collins, However, it is to be understood thatFINAL ACCEPTANCE as dependent upon rompinion of all applicable required inspection pmaddupas. Freight Terms. Shipments meat be F.OD., City of Fon Collins. 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this oad, If permission is given to prepay freight and charge separately, the original freight bill must accompacy imoim, Additional charges for packing will .1 be accepted. Shipment Dlamnce. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be dttlucled frem Invoice when shipments are made from greater distance. Pemtils. Seller shall procure at sellers sale cost all necessary permits, anificates and licenses required by all noun Ne laws, regulations, ordinances and tales Of the state. municipality, tertiary or polhieal subdivision where the work is performed, or required by any other duly comforted public authority havingjuriad coo Over be work of vendor. Seller fore, agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an owned or established violation of any such laws, regulation, ordinances, rates and ¢quiminenm. Authorization. All pania a this contract agree but the represenbtises are, in fact, bow fide and p rod. bill and complete anal oriry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptame to the If. and condition sated herein ad fond and any supplementary or additional terms and condttiom annexed herero or incorporated herein by reference. Any additional or different mars and rndfom purposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within fie time dated on the doehaw order and Om documents attached harem. No acre of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Pu cl mer shall have, in addition to other legal and equitable remedies, the option of placing this order ehewhere and holding the Seller liable for damages. I loweven the Seller shall not be liable for damages to a result of delays due to contra feel easonably foreseeable which art beyond its reasonable control and without its fault of negligence, such ocu i fGnd, acts ofcivil or military amhoritia, govemmenbl polarities, Gres, strikes, flood, epidemics, wars err riots provided skit notice of the condition caning such delay is given to the Pumhun within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay. be date of delivery shall he extended for the pmnd typed to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants fat all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, samples al other descriptions given, will he fir for the ,was intended, and performed with the highest degree of care and compctence in accordance with accepted standards for work of a similar tenure. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wararity. 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 period of time as may be presented by law or by the corms of any applicable warranty provided by the Seller alter the dam of acceptance of the goods furnished hereunder (acceptance not to be Womanishly delayed), resulting from imperfect or defective work done or awdmdx furnished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise prodded in this purchase order, be Sellers liability hereunder shall extend in all damages proximately caused by be breach of any of be foregoing wamnfia or guamntees, but such fiabiliry shall in no event include toss of profits or was of tie. 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 waned change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the moms, other than legal terms, including additions to or delctions from the quanddea originally oNeord to the specifications or dnovings, by verbal or written change order. If any such change affects tire amount due to tire time of performance hereunder, an equitable adjnlmund shall be made. 6.'fERMINATIONS. Tlse Purchaser may at any time by written change order, terminate this agreement as m any or all portions of the goods then not shipper, subject to any equitable adjustment between be parties as to any work or materials fen in pregress provided far be Puchaser shall rot he liable for any claims for anticipated profs on be uwompleled pinion offe good andror work, for incidental or consequential damages, and that an such adjmtment he trade in favor i f the Seller with respect to any Reads which art the Sellers warlord seek. No such m rriralim shall reline fie Purchaser or the Seller of any Oftheir Obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he assured within thirty (30) days from the dale the change or fabrication is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants fat all gelds sold hereunder shall have been produced, sold, delivered and furnlaued in shin compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such dommems as may m required to effect or evidence compliance. All laws and regulations required to be heartwood] in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all rods and dunal suffered by be Purchaser n a If of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, vanfer, or coney this order, or any monies due or to become due hereunder without the prior wrium Co. order other parry. 10. TITLE. The Seller warrants full, clear and amessic nd tide to be Purchaser for all equipment matmals, and itnm ftunilbw in performance of fis agreement free and clam of any and all firs, restrictions, reservations. security interest encumbrances and claims of others. I I. NONWAIVER. Failure of the Purchaser to Wast upon stun performance of be terms and condidons hereof, failure or delay to examise soy rights or ramedies presided herein or by I. , failure ou p madly notify the Seller in the event of a breach, be acceptance ofor payment for goods hereunder or approval offe design, shall not felene be Sella of any of the ..If. or obligations of this p.mh. order and shall not be deemed a waiver of any right of the purchaser to insist upon atria performance hereofor any of its rights or remedies m to any such goads, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser ,ma, as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purthner recognize that in actual economic practice, overcharges resulting from antitrust vicknorss are in fact home by the Purchaser. Theretofore far i cause and m consideration for executing Ws purchase coder, the Seller hereby assigns to the Pachmer any and all claims it may now have or hereafter acquits under federal or sure antitrust laws for such ov<mhages relating to the panicu ur goods or services purchased or acquind by the Producer pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifdee Purchaser directs the Seller to correct nonconforming or defective goods by a date to ke agreed upon by be Pummemr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perforated by the most expeditious mean available to it, and the Seller shall pay all costs assimaled with such work. The Seller shill release the Purchaser sand its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release skill apply even in the event of fault of negligence of be party released and shall extend W the directors, officers and employees ofsuch parry. The Shcats contactual obligation, including warri shall not be deemed to be reduced, in any way, because such work is performed or caned o be perfom dI by fie Purchaser. 14. PATENTS. PTenever the Seller is r dished to use any design, device, material of process radical by letter, paant, trademark or copyright, the Seller shall indemnify and save homeless the Purchaser fmm any and all claims for infringement by parson of the use of such parm ed design, device, material or process in connection with the contract, and shall indemnify be Purchaser for any rod, expense or damage which it may be obligee) to pay by reason ofsuch infringement at any time during the prosecution or oiler the completion of fie work. In case said wormed, or any pan thereof or the intended use of the goods, is in such suit held to consume infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense find at its option, either procure for the Purchaser the right to continue using said equipment or pins, replace the same with substantially equal but naninfringing equipment or modify ran it becomes incriminating. 15. INSOLVENCY. If be Seller shall knorae insolvent or badervpt, make an assignment for be benefit of creditors, appoint a pauccivar or nodded for any of the Sellers property or business, this order may forthwith he canceled by the Pandora without liability. 16. GOVERNING LAW. The definitions of firms odd or the interpretation of the agreement and the rights oral] pansies hepaartder shall he contmed under and invented by fie laws offhe Sale of Colorado, USA, The following Additional Condition apply only in cases where the Seller is to perform work hereunder, f Sellers including the services oRWridenbtised a), on the premises traders. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's own risk unlit the ante is fully completed and acceptal, and shall, in use of any accident, destruction or injury to the work maker materials before Sellds final completion and acceptance, eomplem the work at Serierss own expense and to the satisfaction of the Purebno. When materials and equipment are famished by others for installation or arection by the Sella, the Seiler shall receive, unload store and kindle ante at be site and became responible therefor m though such numerals and/or equipment were being famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including caupational disease madits, to its employees employed on or in connection with fie work covered by this purchase order, and/or to their dependents in accordance with the laws of the able in which be work is to be done. The Seller shall also carry comprehensive general liability including, bar not limited to, communist and automobile public liability insurance war bodily injury and death limits of at least Singing bf say tine peauq stardom for any accident and property damage limit per accident of S400,000. The Seller shall likewise require his nntractors, if any, to provide for such compe anom and inua ra e. Before any of the Sellor his amocturs employees shall do any work upon the premises of others, he Seller shall fordsh the Purchaser with a Certificate that such recrimination and assumance have been provided Such removes shall specify the date when such ompemation and insurance have been provided. Such cenificmes shall specify, the date when such deformation and improper expires. The Seller agrees that such compensation and inumnce skill Is, maintained until after fie entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nacre whatimmad to persons or property caused by or resulting fmm be exertion of the work provided for in this purchase order or in conncdim herewith. The Sella will indemnify and hold harmless dee Purchaser end any r all or the Purchasers officers, agents and employees frem and again? any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be par or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his conform, or any of be Sellers or contractors officers, agents or employees. In cow any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any cat action, neglect omission or defaull of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees w assume the defense thereof and he defend the same at be Sellers own expense, to pay any and all cents, charges, attamrys bias and other expends, any and all judgments that may he imar mnd by or obtained again? fie Purchaser or any of its or their officers, agents or employces in such suits or other proceedings, and in use judgment or other lim he placed upon or obtained against the property Orthe Purchaser, or said parries in or as a result of such suits or other proceedings, the Sella will in once auu the same to be dissolved and disclart by giving bad or oferwid. The Seller and his contractors shall take all safety predictions, famish and immll all guards necessary for the prnention of accidents, comply with all laws arts regulations with regard to aafey including, but without limiation, the Occupational Safety and Health Ad of 1920 and all cola and regulation issued pursuanl fdam. Revised 09Q014