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HomeMy WebLinkAbout171314 INNOVATIVE INTERFACES INC - PURCHASE ORDER - 3214291 (2)Fort Collins Date: 10/07/2014 Vendor: 171314 INNOVATIVE INTERFACES INC 5850 SHELLMOUND WAY EMERYVILLE CA 94608-1901 PURCHASE ORDER PO Number Page 3214291 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS CO 80524-2990 Delivery Date: 0111012014 Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to OB #3214291 10/6/14 (req 48233) 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 1,400.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordet-Ternl5 and Conditions Page 2 of 2 I. COMMERCIALDEfAIU. Tax exemption. By statute the City of Fort Collins is exempt fmm site and local taxes. Our Exemption Number is 98-0a502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Intemnl Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected GOODS REJECTED due to failure m at specifications, can, when shipped or due m defects of damage in transit may be retuned to you for credit and are not W be replaced except upon receipt of written instruction fmm the City of Fan Collins. Inspection. GOODS are subject to the City affair Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in autherired payment on the Pan of the City of Fort Collins. Hovs'ever, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofill applicable required inspection proedures. Freight Terms. Shipments must be FOR., City of Pun Collins, 900 Woad St., Fan Collins, CO 80522, wricas otherwise specified on this order. If Permission is given to prepay freight and charge sepemtely, the original freight bill must overcome, im'oics. Additional chorea for making will not be accented. Shipment Distance. Where manufuctmers have distributing points in various Parts of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure al sellers sale cast all no., peorms, certificates and faced. required by all applicable laws, regulations, ordinances and mles of die state, municipality, temtory or political suWiveion where the work is performed, or required by any other duly constituted public authority hevingjurisdimion over the work of vand.,. Seller Tanker agrees to hold the City of Pon Collins harmless from and agwou all liability and loss reed by them by maven of an rimmed or established violation of any such laws, regulations, ordinances, rates incurred nd r or meats. Awhoricomon. All parties to this contract agree that the ¢preunutives are, in fact bona fide am possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order capreasly limits acceptance to the terms and canditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to smve On your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stand on the purchase order and the documents attached harem. No acts of the Pumhaurs including, without limitation, acceptance influential lam deliveries, shall operate as a waiver of this prevision. In he event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpladng this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages u a resuh of delays due to causes not maxambly foreseeable which am beyond its reasonable control and without its fault of negligence, such acts Of GOd, is oITivil or military authorities, jummmental pnonties, fires, strikes, Rood, epidemics, wars or nms provided Nat notice of the conditions causing such delay is given to the Forebear within five (5) days of the tune when the Seller first reached knowledge Journal. In the event of any such dela1 the date of delivery shall he extended for the peried equal to the time actually last by reaon ofdre delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or whim, desdpdon given, will be fir for he purposes imended, and pert ed with he highest degree of care and compaeace in accordance with weepted standard for work of a similar nature. The Seller agrees no hold he purchaer havard. from any loss, damage Or as,. which he Purchaser may suffer or incur on account of the Sellers breach of wmmnty. The Sella shall replace, repair or make good, without cost to the pumhaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by he tamrs of any applicable warranty provided by the Seller alter the data of acceptance of the good famished hereunder (acceptance not to he wrenwnably delayed), resulting fmm imperfect Or defective work done or materials fum¢hed by the Seller. Acceptance or use of goods by the Purehasa shall not constitute a waiver of my claim under this warranty. Except as oherwke provided in this purchase aide(, the Sellers liabil try 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 loss of use. NO IMPLIED WARRANTT Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal but by writer change order. 5. CHANGES IN COMMERCIAL TERMS. lTe Purchaser may make any changes to the mrtm, other than legal more, including addttiom to or deletions fmm the quantities originally ordered in the specifications Or drawings, by srbal or written change ONa. If any such change affects the amount due ne the time ofperformance hereunder. an aluiable wjttstmenuhall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any egwood, adjusmem between die parties as to any work or matrals then in progress provided that he Purchaser shall can be liable for any claims for anttcipaled Pat on the mcompicted Portion of the goads mWor work, for incidental or canso,crical damages, and that an such adjustment be made in favor of the Sella with respect to any good which arc the Sellers standard stock. No such termimium shall relieve the Purchases or the Seller of any oftheir obligations as in any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for djntmentt must he asserted within Nirry (30) days Room the date the change or termination is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and famished in strict compliance with all applicable laws mad regulations to which the goads are subject. The Seller shall execute and deliver such documens as may he restated to effect or evidence compliance. All lax, and regulation required Io he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from AI costs and damages suffered by the Purchaser as a result of the Sellers failure to comply wide such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or ronvey this order, or any monies due or to become due hereunder without the prior order consent of the other party. 10. TITLE. The Seller warrants full, clear and warbi deed rifle to the Purchaser for all ryuipment materials, and items furnished in performance of this agreement form and clear of any and all lien, restrictions, reservations, aauriry interest cncumbconces and claims ofothas. 11. NON WAIVER. Failure of he Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay ne examise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance ofor payment for goods hereunder or approval of the design, shall not (cease the Seller of any of the warranties or obligations of this purchase order and shall not be barred a waiver of any right of the purchaser to insist upon strict performance hereofor my of its rights or remedies as m my such goods, regardless of when shipped, received or accepted, as W any prior or subsumed default haeuMer, nor shad any parpoved onl modification or rescission of this pmchave order by the Printout, opmte as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in actual economic practice, overcharges resulting fmm antitrust violations arc in fact home by the PureM1ascr. Theretofom, fogood cause mAaz corssidemtion for executing this purchase vast, 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 overcharges relating to the particular at or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller m concur nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Sella, and the Seller themal indicates its inability Or unwillingness to comply, the Purchaser may cause rile work to be performed by tle most expeditious means available to it, and the Seller shall pay all costs associmed with such work. The Seller shall of. he Purchaser am its wastramas of any tier fmm all liability ad claims of any not resulting firm the performance ofeach work. This release shall apply even in the event of fault of negligence of file Party released and shall extend to be directors, officers and employees of such party. The Sellers contmmual wAigmions, including warranty. shall tar be droned to be reduced, in any way, because such work is performed or caused W be perforated by the Pucbast 14. PATENTS. Whenever the Seller is required to use any design, device, matmal or process covered by lane(, patent vademerk or copyright, the Sella shall indemnify and save harmless the Purchaer from any and all claims for infringement by reason of the axe of such pa, -red design, device, material to process in connection with the contract, and shall indemnify the Purchaser for any cost expense or damage which it nay be obliged to pay by reewn armah infringunad at any time during the prosecution or alter the completion Of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to consulate infringement and the use of said aquipm nt or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for die province, the right 1. continue using said minimum or pans replace Ne same with substantially equal bur warinfnngiag equipment err modify it so it became, aoninMngwg. 15. INSOLVENCY. If the Seller shall become insolvent or bacsmpt make an assignment for the benefit of creditors, appoint v or trustee for any of Ne Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dentitions of tunas used or the interpretation of the agreement and the rights of al I parties hereunder shall be cautioned under and Invented by the lawx of the State of Colorado, USA. The following Additional Conditions apply only in taxes where the Seller is as perform work hereunder, including the services of Sellers Representarito O), on the prem¢es i f tubers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Sellars awn risk unlit the same is fully completed and accepted, and shall, in case of any accident destruction or injury Ice the work and/or mmeriaH before Sellers fast completion aM acceptance, complete the work at Scllers own expense and in the satisfaction of the Purehua. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle sane at the site and became responsible therefor as though such materials and/or equipment were being famished by he Seller under the Orda. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease Fuel a its employees employed on or in connection with the work coveted by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry compsheruive general liability including, but not limited to contractual and aatomobile public liability inurmce with bodily wjury and death limas of at least S30o,000 fen any one person, S500'0)d for my one accident and property damage limit Per accident of SmO,Ontr. The Seller shall likewise requite his contactors, Troy, m provide for such compensation and insurance. Before any of the Sellers or his camacmrs employees shall do any work on. the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the date when such ompensution and insurance have Seen provided_ Such ceniftcates shall specify die date when such compensation and insurance expires. The Seller agrees Bel such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entve responsibility and liability for any and all damage, loss or injury of any kind or naurt wharmover to pawn or property caused by or sesall., from the execution ofhe work provided far in his pumhuc order or in connection herewith. The Sella will indemnify and bold harmless the Parchua wall my or all of the Purehasers ollicers, agms and emN.,ce, from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persom or property to which the Purchaser may be pot art subject by reason of any act, action, neglect omission or default on the part of the Seller, any of his cmradors, or any of the Sellers or contractors officers, agents or employees. In cad any suit or order proceedings shall be brought against the Famines , or its officers, agents or employees at my time on account or by tram. of any act action, neglect omission m default of the Sella of any of his c..,.,a. many of is m heir officers, agents or employees an amresaid, the Sena hereby agrees to assume the defense hereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, atmmrys fees and other expenses, my and all judgments that may he incurred by or obtained against he Ptuchmer or any of its or their ofcw, , agents or employees in such suits or other proceedings, and in cue judgment or other ben be placed upon or Obtained again, the proper y ofthe Purchaser, or said parties in or as a result ofsucM1 suits or oho P.M.,, the Seller will at once couu the same to he dissoled and diuharged by giving bad or otherwise. Tha Seller and his commerce; shall take all safety precaution, famish and install all guards necessary for the prevention of incidents, comply with all laws and regulations with regard In safety including, but without Itntitmi n, the Ovempatiowl Safety and Health Act of 1970 and all roles and regulation issued pursuant thereto. Revised 07/2014