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HomeMy WebLinkAbout304777 SYN-TECH SYSTEMS - PURCHASE ORDER - 9145744Fort Collins Date: 10/06/2014 Vendor: 304777 SYN-TECH SYSTEMS PO BOX 5258 TALLAHASSEE FL 32314 PURCHASE ORDER PO Number Page 9145744 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 10/03/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Limited/ Annual Maintenance invoice dated 9/9/14 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.00m 1 LOT LS 2,400.75 Total $2,400.75 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 nditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stra to the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is reglmeud with the Collator of Failure of du Pursuance to insist upon shin performance of the doves and conditions M1aeoC fulare re delay to Internal Revenue, Have, Colorado (Ref Colorado Raised Sutures 1973, Chapter 39-26, 114 (0). exercise any rights m remdia provided herein ser by law, failure to promptly wi the Seller in me sent of a breach, the acceptance ofar pinworm fa goods heteuMef or approval of the design shell not release the Seller of Goods Rejected, GOODS REJECTED due to failure to racer specifications, rinser when shipped or due m defews of any of the wamantia or obligations of this purchase order and shall net f dmmed a waiver of any right of the damage in normal, may be extumM to you for credit and art not to be replaced except a,. receipt of women Purchaser to imitt upon strict performance hereof or any of its rights or redidia a to any such goods, mining. deductions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequat default hertundeq nor shed] any p operated oral modi fimtion or rescission of this purchase order by the Purchaser operate re a waiver of any of the It. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, se r equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fed Collins. However, it is to be undealwal that FINAL Seller and the Purchaser recognise that in news] economic practice, overcharges resulting from anions] ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretufss ofar .it cause and as consideration for executing this purchase order, the Seller hereby assigns no the Purchaser any and all claims it may now have or herar er Freight Perms. Shipments most be F.O.B., City of ran Collins, 700 Wood Sr, Few Collins, CO 90522, unless acquired under federal or state antift,w laws for such overcharges relating to the particular goods or screw. otherwise specified on this order. Ifpermission is given w prepay freight and charge minatory, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bil I most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disc Laing points in various parts of the wunnry, shipment is I frhe Purchaser directs the Seller to sorted nonconforming or defective goods by is date a be agreed upon by the expected from the named distribution point to damnation, and excess freight will be deduced from Invoice when Purchae, and the Seller, and the Seller flu nwfin indicates its inability or unwillingness to comply, the Purchaser shipments art made from greater dieter. may cause the work to be performed by the most expeditious means available m it, and me Seller shall pay all costs associated with such work. Permits. Seller shall procure at callers sole cost all war emry permits, cart Irma and In. squired by all applicable laws, regulations, ondimncs and toles might, state, municipality, s m my or political subdivision where The Seiler shall rtlow, the Pdwhanw sad its a..t. of any our f all liability and claims of any suture the work is Performed, or required by any other duly mmtiuted public aahairy having judsdimim over tie xask suiting from the pert oforch work. of vendor. Seller fwher agrees to hold the City of pan Collins haddless fmm and against all liability and lass incurred by them by noon of an assured or established violation of any such laws, regulations, odimn., rules This .1. shall apply even in the runt of fault of negligence of the party relaucd and shall extend to the and "ino meat. directors, officers and employees climb pant. Authorization All parties to this commit agree that the repasentarives art, in fact, bona fide and possess PoII and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tomes and conditions stated herein act forth and any supplementary or additional forms and conditions ennead hound or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected w had 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 essences Delivery and performance must be eRened within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate m a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this amw elsewhere and holding the Seller liable for damages. However, the Seller shall not Is, liable for damages w a result of delays due to causes not nawnably foreseeable which au beyond its reassemble can deed add without its fault of negligence, such ands of Ged, was of civil or military authorities, governmental residues, fires, smkm Rood, epidemics, wars or now provided that Wdice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Grst received A owldge thereof In the evem of any such delay, the data of delivery shall be extended for the period equal to the time actually last by union of the delay. 3. WARRANTY. The Seller warrants that all goods, asides, somema and work soverd by this order will conform with applluble drawings, specifications, samples rubber other descriptions given, will be fit for the Parini awarded, add 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 hwmiss from any loss, damage or expense which the Purchaser may sutler or unions wcount of the Sellers breach of wmanty. The Seller shall replace, repair or dirks good, without cost to the purchasm any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms army applicable warranty provided by the Seller after the date of acceptance of the goods fumkhed hereunder (wceptmce not no be umrasumbly deloyed), resulting food impudent or defective work done or .aerials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wmranry. Except w otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties cur gr ammtts. bur such liability shall in no event include loss of profits or loss or use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhaner may make changes to legal ternas by urine, change order. 5. CHANGES IN COMMERCIAL TERhf i. Far Purchaser may make in, changes w me from, whet than legal terms, including adddiwo to or deletions from the quantities annually ordered in the specifications or drawings, by verbal or whites change order. If any such change nRect the amount due or the time of performanre harrower, an equitable adjustment shall he, made. 6. TERMINATIONS. Tha Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the goods then not shipped, subject o any equitable adjustment between the panics an to any work or materials then in progress provided that the Purchaser shall not be, liable for any claims for anticipated profits on the uncompleted pennon of the goods umber 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 or the Seller drunk of their obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assemed within thirty (30) days from the date no change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrmss that all goods old hereunder shall have been produced, sold, delivered and burnished in stain compliance with all applicable laws and regulations to which the good ere subject. The Seller shall assume dad deliver such documents as may he, rest tied to effect a evidence complimen. All Iwas and regulation required lobe incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller spores to indemnify ad hold the Purchaser harmless from all costa and damags suRred by the Purchaser as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither poorly shall assign, transfer, or convey this order, or any mortis due a to became due hereunder without the prior wather convent of the otherparty. 10, TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for ell equipment, materials, and in. famished in performance of this agreement, free and clew of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller's contractual obligations, including warranty, shall not h damed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save handless the Purchaser from any and all claims for infringement by reason of tine use of such patented design, desire, material in p.a. in a..nfiction with the comma, and 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 prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended are of the goods, is in such suit held to certitude infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn 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 noninMnging equipment, or modify it so it becomes werinfonging. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpt, nuke an assignment for the bereft of creditors, appoint a receiver or coma for my of the Sellers property or business, this order may forthwith hercanceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of arms used or the interpretation of the agreement and the rights of all parties hereunder shall bar constmed under and govemed by me laws strike State of Colorado, USA. The following Additional Conditions apply only in cases he. the Seller is to pM rm work hereunder, including the services of Sellers Repressamove(s), on the premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shell, in e of any accident, destruction or injury to the work seeker materials before Sellers final completion and cermar e, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When nourna[s and w uipmem are furnished by others for indallation or erection by the Seller, the Seller shall receive, unload, state and handle same at the site and became responsible 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 camper Lion, invading occupatioml drome benefits, to its employees employed on or in connection with the work covered by this purchase order, anba to their dependants in accordance with the laws of the state in which the work is to be door The Seller shall elm carry commchensive ground liability including, but not limited m, com acwal and automobile public liability announce with bodily injury and death limits of at least $30 ,M for my one person, 5500,000 for any one accident and pmpeny damage limit per accident of S40Q000. The Seller shall likewise require his commemrs, if any. to provide for such compensation and insurance. Before my of the Sellers or his amraemes employees shall do any work upon the premises of others, the Seller shall f ish the Purchaser wins a certificate that such compensation and insurance have been provided Such certifirws shall specify the due when such compensation and insurance have been provided. Such certificates shall specify the date when such compenation and imurmce expires. The Seller agrees Char such compensation and insurance shall be maintained anti] after the entire work is completed and accreted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibil it, and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property causrd by or resulting from the execution ofnse work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Petitioners officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whahs to persons or property m which me Purcbaur may be put or subject by reason of any set action, neglm, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers mr contmclms officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or rmplayces at any time m se. or by exam. of any act wliod, region, omission or default of the Seller of any of his wotmcrors or any of its or their officers, agents or employees w aforesaid, the Seller hereby agenda to assume the defense thereof and to defend the more at the Sellers own express, m pay any and all costs, charge, anomeys fees and other expenses, my and all judgment that emy be incurred by or obtained against the Purchaser or any of its or their officers, agent or employees in such suits or order pmmudings, and in cam judgment or other lied be, placed upon or obtained against the property urns, Purchaser, or mid panics in or in a result of such suits or other proceedings, the Seller will at once cause the same 0 be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and Iran][ all guards necsmry for the prevention 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 miss and regulations issued pursuant thereto. Revised 09Qo14