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HomeMy WebLinkAbout167490 CCS PRESENTATIONS SYSTEMS INC - PURCHASE ORDER - 9145730PO PURCHASE ORDER 914573er Page C117/ of PURCHASE 9145730 t of z Flirt Collins In C This number must appear /�„!-\V`I ` V ` �7 on all invoices, packing sli s and labels. Date: 10/03/2014 Vendor: 167490 CCS PRESENTATIONS SYSTEMS INC 700 W MISSISSIPPI A-6 DENVER CO 80223 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 10/02/2014 Buyer: ED BONNETTE Note: PANASONIC PROJECTOR INSTALL (2 UNITS) FOR PFA PER QUOTE #28264 DATED 10/1/14 FROM LENNY MARKO-FRANKS TO ERIC NELSON (PFA I/T). Line Description Quantity UOM Unit Price Extended. Ordered Price , Panasonic/Digital MediaUpgrade Quote 28264 dated 10/1/14 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:purchasing@fcgov.com 1 LOT LS 6,414.17 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 17 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By same the City of Fan Collins is exempt from state and local boxes. Our Exemption Number is 98-(4502. Federal Excise Tax Exemption Cmificme of Registry 84.60)0587 is registered with me Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due as failure to meet specifications, either when shipped or due to defects of damage in transit, may be reamed to you for credit and are not to h, replaced exrat upon receipt of weinen examines from the City of Fan Collins. Inspection. GOODS arc subject to the Ciry of Fan Collins imper ion on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of me City of Foot Collins. However, it is to be understood that FINAL, ACCEPTANCE is dependent upon completion efull applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fan Coll ins, 'Rill Wood St., pot Collins, CO 80522, unless otherwise spai fled on Ibis order. If permission is given to prepay freight and charge seriously, the original freight bit man accompany invoice. Additional charges for parking will not be accepted. Shipment Distance. Where manufacturers have distributing Points in various pans of the coeaury, shipment is expected from the nearest distribution point to destination, and excess freight will be attracted main Invoice when shipments art made Lower greater distance. Pemrits. Sella shall pmcum at severs sole cost all nomemory permits, certificates and licenses required by all applicable laws, regulations, ordinances and boles of the state, municipality, territory or political subdivision what the work is performed, or required by any other duly calcul ted public authority havimgjfsdici,on over the work of vendor. Seller further agrees or hold the City of Fort Collins hatless tram and against all liability and lass incurred by them by reason of m asserted or established violation of any such laws, regulations, ordinances, Its and ra,mannants. Authorization All parties to this contract agree that the reparm tines arc, in fuel. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sat thnh and any supplementary or additional terns and conditions annexed hereto err incorporated herein by reference. Any additional or different tem,s and conditions proposed by seller are objected to end hereby jeered. 2. DEI.IVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promise) delivery dare as tared. Time is of the essence. Delivery and performance must be elfeaed within the time stated on the purchase order and the documents attached loom. No acts of the Pacb.'sea including, without limitation, err shall have, in add tare deliveries, shall operate as a waiver of this pmvls fpl In the event of any delay, the Purchaser shall bvve, in addition m other legal and equitable remedies, the option of placing this order duwlrcre and M1olding the Seller liable for Damages. Hoxeveq ahc Seller shall not be liable far damages u a result of delays due to causes era reasonably foresoeable which art , prea its rwmwble commy and without its fault of negligence, such acts ofGod, orrice of to military amhodin,governmentalpriorities, fines,haser, Good,epidemics,warsor e, riots wistpleaded than notice of me condition ge thag such delay is giro to the Purchaser within five (5) boys of the time wMn the Seller first received krmwledge y lost b In the event a any such delay, the der¢ of delivery shall M extended for the period equal to the rime actually lost by reason of me delay. 3. WARRANTY. The Seller warrants Out all good, articles, materials and work covered by Ibis order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and complicate in accordance with accepted standards for work of a similar never. The Sella agrees to hold the purchaser hsmlms, from any lass, damage or expense which the Purchaser bony suffer or incur on account of the Sellers breach of warranly. The Seller shall replace, repair or make gord, without cast to the pombreso, my defects or faults arising within one (1) year or within such longer period of time a, miry be prescribed by law a by the mr, of any applicable warranty provided by the Seller after In, rime of accept v of the goods thmisM1tr hereunder (acceptance not be unreasonably delayed), resulting from imperfect or defective work Jane or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall at constitute a waiver of any claim under ibis warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser my make changes an legal terns by wdnm change order S. CHANGES IN COMMERCIAL TERMS. The Fortune may mate any changes to the rare, other than legal terns, including addition In or dell ions from go guramiums originally ordered m the specification or remarks, by and a written change order. If any such change aReats the amount due car the rime ofpernar mce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change arder, herainste this agreement as to any or all portion of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser strait not be ],able far any duims for anticipated pmfs oa the uncompleted Portion of the goods al work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser (it the Seller army oftheir obligations is to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dote the change or revolution is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hertuoda shall have ban produced, sold delivered and fufshtr in strict compliance with all applicable laws and raptatios to which the goods are subject. The Seller shall execute and deliver such documents as may be required to eRea m evidence compliance. All Fees and regulations requiM to be incapoated in agreemens of this character are hereby incorporated herein by this reference. The Seller agrees 10 indemnify and hold the Purchaser harmless from all cuts mat damages suffered by the Purchaser as a result of dw Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey Ibis order, in my monies due or to become due Remainder without the prior written consent of the other party. 10. TITLE. The Seller warm full, clear end unrestricted tide to the Purchaser for all equipment, materials, and items famished in performance of this agreement, been and clear of my and all firm, rearictiom, reservations, security interest encumbrances and claims brothers. 11. NONWAIVER. Failure of the Purchaser to inciat upon strict performance of the term oral conditions herof, failure or delay to exercise any rights or remedies provided herein or by law, failure to Remotely notify the Seller in the event of a breach, the exposure ofor payment for goods hereunder or epp.t ofNe design, shall not release the Sella of any of the wartanfes or obligafrrs of this purchase order and shall not be demand a naive, of any right of the purchaxr to most upon strict pafrmce hereof or any of its rights or rana ms as to any such goods, regardless of when shipped, received or incepted, as to my prior m subsequent default formeda, nor shall any pur,mad am] modification or rescission of this purchase order by the Premiums operate as a waiver of any of the terms hermf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller mat the Purchaser recognize that in actual examine practice, overcharges resulting from antitrust violieium are in Net home by the Purchaser. Theretofore nfor good cause and as consideration for executing this purcl ue order, the Seller hereby assigns to me Purchaser any and all claims it bony now have or humus, acquired under federal or state antitrust laws for such overcharges relent, to the particular goods to service, purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming or defective goods by a date to be, agreed upon by 'he Purchna and the Seller, and the Seller thereafter indicates its inability or unwillin,ness in comply, the purchaser may cause the work to be permred by Ibe most expeditious means available ro it, and the Seller shall pay all costs mwcimM with such work. The Seller shall release the Forchiscour and its cantoctars of any tier from all liability and claims of an, nature resulting from the perfornaove ofaurh winds. This release shall apply even is the n'mt of fault of negligence of the party released and shall extend to the dir mans, attars and employees ofsuch party. The Seller's contractual obligations, radicals warranty, shall not be deemed to be redirect in any way, because such work is faforeJ or caustr to be orksomedby the Pmchuer, 14. PATENTS. Whenever he Seller is required to use any design, device, meerinl or prates, covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement by reason of the at of end, premed design, device, material or probes in connection with the contract, and shall indemnify the Purchaser for any cast, expenw or damage which it may be obliged m pay by reason of such inrrin,emcal at any time during the pmsmution or oiler the completion of the work. In case said equipment, or any pan thereof or the intended use of the goad, is in such suit held to constimte infringement and the use of said equipment or pan is enjoined, the Sell,, shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pros, replace the same with substantially actual but noninfrin,ing equipment, or mWiy it so it becomes morifringing. 15. INSOLVENCY. If the Seller shall become iruolveut or backmp, make an assigmrmm fro the benefit of creditors, appoial is receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchser without liability. 16. GOVERNING LAW. The definitions of arms used or the compaeWion ofNe agreement end the rights of all ponies hercwder shall be wnswed under and govemed by the laws of Ibe Sum of Colorado, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services ofSellem Resom abotivals), on therears premises ofothers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to she work and/or materials before Seller's final completion and acceptance, complete she work at Seller's own expense and to the satisfaction of the Purchaser When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment ware being famished by the Seller raider the order. 18. INSURANCE. The Seller shall, at his owe expmu, provide for she paymcm of workers complaisance, including ocapsomml disease benefis, to its employees employed on or in correction with the work covered by Ibis purchase order, =Nor to their dependents in accordance with the laws of the suit in which the work is to be done. The Seller shall oleo carry comprcM1arose ,mend liability including• but run limited m, contractual cod automobile public liability instance with bodily irJury amd dean limits of at 1. 5300,IXp far any one Person, S500,000 for any one occident and property damage limit per accident of 5400,000. The Seller shall likewise require his ciona, if any, to provide for such exmpmsafion and income, Before ivy of the Sellers or his contractors employees shall do any work upon Ibe premises of others, the Seller shall furbish the Purchaser with a certlficate that such compenaion and insurance have been provided. Such cenifmtn shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation bond insurance expires. The Seller agrees mat such compenation and insurance shall be maimined until after the emim work is completed send accepted. I d. PROTECT ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature wheserver in persons or property caused by or resulting from the execution ofine work provided far in this random order or in connection herewith. qhe Seller will indemnify and hold hmmless the Purchaser and any r all of the Purchasers officers, agents and employees from and againl my and all claims, losses, damages, charges or expenses, whether direct or indirect, and when,, to person or property to which the Purchaser may be put or subject by reason of any act, action, neglecl, omission or default on the pan of the Seller, any of his customers, or any of the Sellers or contaaas offices, agents or reoploybes. In case my suit or oma pracedirs, shall be brought agaimt Ne Purchaser, m its oMet., agents Al employees at my time on mcowt or by reason of any m4 action. neglect, omission or default of the Sella of any of his contractors in any of its or their officers, agents or employees as aforesaid the Sella hereby agrter to assume do defense thereof and to defend the same at the Sellers own expense, to pay my and all exams, cheroot, attorneys fees and other expcmcs, my and all judgments that may be assured by or obtained against the Purehaser or any of its or their officers, agents or employees in such suits or other pmeedial and in came judgment or other her Ix pmad upon or obminrd against the property ofine Purchaser, or mid prim in or as a result of such this or other proceedings, the Seller will At once cause the same to be dissolved and dischar,ed by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, f ish and install all guards necessary for the Intervention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all boles and regulations issued pursttmt memo. Revised 07n014