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HomeMy WebLinkAbout169196 AIRPRO INC - PURCHASE ORDER - 9144880 (2)Fort Collins Date: 10/10/2014 Vendor: 169196 AIRPRO INC 3875 ELM ST DENVER CO 80207 PURCHASE ORDER PO Number Page 9144880 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: 08/21/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Freight Invoice 1077763 dated 10/6/14 Yn 'il P,4 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 EA 418.00 18.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 11111MMM90MMI134E."0110-Kill Ill Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collins is exempt from sate and lroal maw Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise lax Exemption Certificate of Registry 84-6000587 k registered with the Collector of Failure of the Pumhasn to insist upon strip Promontories, of Or temp aM conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Staa1. 1973. CTaped 39-26, 114 fid. m exercise any rights or reedies provided herein or by law, failure to promptly notify the Seller in the event of a broods, the acreptmce ofor payment fro goods hereunder or approval ofthe design, shall rot release the Seller of Goods Rejected. GOODS REJECTED due 1r failure 1r men specificationi either when shippd or due or doled. of any of the wassum . or obligations of this purchase ender and shill M1 he demand a waiver of any right of the damage in transit may be returned to you for doubt and are not to be replaced cxccpl upon receipt of wonrn purchaser to insist upon strict performance hereunder any of its rights or remedies res In any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or ace pool. as to any prior or subsequent default herevuld. rmr shall any popear d and modifrsom or rescission of this purchase We, by the purchaser o,dat<as a waiver of any of she to. Inspection. GOODS an subject o the City of Fort Collins inspection on arrisnl. hereof. Final Avernaice. Receipt of the merchardise, services or ryuipmmt in response to his order con result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of Or Ciry, of Fort Collins. However, it is to Be understood that FINAL Seller and Or Pmchasn recognis Out in actual economicreou practice, o charges rhm ing froantitrust ACCEPTANCE isdependere upon completion ofall applicab]embuird inspection procedures. violations tie m fact home by the Purchaser. Theretofore, for good cause and or consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims d may now, have or middle, Freight Terns. Shipments must be F.O.B., City of Fon Collins, 700 Wood Sr. Port Collins, CO $0522, to. respond under fderal or state antitrust laws for such overcharges relating m the particular goods or services otherwise specified on this order. If paaissioa is given to prepay freight and charge sopaamly. the onRmI freight purchased or acquired by the Purchaser pursuantlo this purchase order. bil I most accompwy invoice Additional charges for poring will not be acceptod. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipman Distance. Where manufacturers have distributing points in vmcus pans of the-mu,shipment is Iflhe Purchaser three. the Sellerta cocoa nommfenningor defective goodby a date to be ancedupon by the expected from the nearest distribula n point to destination and excess freight will be deducted form Invoice when Pdolumdond the Seller, and the Sellerther--ter indicates its inability orunwillingness to comply,Ne Purchaser shipments am mode firm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary panties, certificates and licenses required by all applicable laws, regulations, ardinances and tales of the mule, municipality, territory or political subdivision where the work is perfomed, or required by any other duly mnsllmted public authority hevingjdidiction over the work of vendr. Seller further agrees to hold the City of Fort Collins handless from and against all liability and loss incurred by them by reason of an averred or established violation of any such laws, regulatiood, ordinances, roles and mc,mo menu. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide mJ possess full and complete authorry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance 1. the Ierms and conditions sated herein ad hoed and any supplementary or additional teens and conditions ennead hereto or incorporated herein by reference. Any additional or diBerent firms and boundaries proposed by sells are objected to and hereby injected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arive on your promised delivery date as noted. Time is of he essence. Delisery and performance must he offedrd within the time smtnl on the provide, order and the documents attached hereto. No xis of Or Purchasers including. without limitation, acceptance of Wnial lam ddivmes, shall operate as o waiver of fix pandamer. In the event ofany delay, the Purchaser shall have, in addition to other legal and ryuitable readies, the option crabbing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its ressnnable central and without its fault ofnegligence, such acts oGod, acts uncivil or military authorities, gammrioriti 'eental pes, fires, strikes. Boer, epidemics, wars for nuts provided that mire of the conditions causing such delay is given to the Pumbsed within five (5) days of the time when the Seller first received knowledge hereof. In the event of any such delay, the due of delivery shall be extended for the period ryml 10 the time actually lost by reason of the delay. 3. WARRANTY. The Seller wi-snes that ell gads, mid., materials and work covered by this order will conforin with applicable drawing, specifications, samples ndm other descriptions given, will be ❑t for the purposes i.midd, and perfonnd 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 harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella 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, prescribed by law or by the terms of any applicable womanly provided by the Seller after the date of acceptance of the gods furnished hereunder (occeplance not to be unreasonably delayed), resulting from imparted or defective work done or materials fumishd by the Seller. Acceptance or use of goods by the Purchaser shall not onstiale a waiver of any claim under this watonry. Except. otherwise provided to this purchase ofdee the Sellers liability hereunder shall extend to all damages proximately roused by the breach of any of the foregoing waranties or guarantees, but such liability shall in no event include loss ofor fits or Into of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purelucer may make doing. to legal to. by manor change aide 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temp, other than legal terms, including additions to or dole ions from the quantities origiratN ordered in the spaifiwtions or drawing, by remain] or wrinen change order. If any such change inflects the amount due or the time ofperformmtce hereunder, an crumble adjustment shall be made. 6. TERMINATIONS. The Purchaer may at any time by written change order, terminate this agreement as to any or all portions of the grads then net shipped, subject 10 any cquiwble adjustment between the panics . to any work or maan.6 she. in progress provided that the Purchaser shall not be liable for any claims for amicipmed profits on the uncompleted Portion of the gods ^odor work, for incidental or comryuent al damages, and that no such adjourned be made in favor of fie Seller with respect to any goods which am the Sellers mountain stack. No such terminutiun shall relieve the Purchaser or the Seller of any ofthou obligati^w as to any gads delivered hereunder. ]. CLAIMS FOR ADJUSTT MENT. Any claim to, adjustment net be roomed within thirty (30) days form the date the change or mnnininion is ordered. 8. COMPLIANCE WITH I LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stool compliance with all applicable laws and regulations to which the goods ere subject. The Seller shall execute and deliver such documents. may he required to effect or evidence compliance. All laws and regulations me ti ted to be incorporated in agreements of this character art hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaer harmless from all cons and damages suffered by the Purchaa . a redult of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pany shall assign, transfer, err convey his coda, or any monies due or a become due hereunder without fie poor wiinen tomcat of the other parry. Iff TE LE. The Sella ws anus full, clear and um.tribred title to the Purchaser for all ryuipmmt, materials, aod in. f ished in performance of his agreement free end clear of my and all liens, r.trictiom, reservations, samunry interest rncumbancc, and claims f.di The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the any released and shall extend to the dodums, officer, and employees of such any. The Sellers contactual obligations, including warranty, shall not he champ to be reduced, in any way, because such work is performed or caused 1r be, performed by the Purchaser. 14. PATENTS. Whenever the Seller is requital to use any design, device, material or process covered by lever, palmy, trademark or copyright, the Scaler shall indemnify and save landless the Purehaer from any and all claims for mftngement by reason of the use of such pmentd design, device, material or process in connection with the cornea, ad shall indemnify the Purchaer fm any cord, expense or damage which it may be obliged to pay by reamer of subh infringement at any time during the pmsmtion or a0cr the completion of the work. In case said equipment or any pan Hereof or the intended use of the goods, is in such suit held to remainder infringement and the use of said ruipment or part 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 typal but naninf inging Wuipmmr, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make on assignment for the benefit of creditors, appoint a receiver or trustee for any of Or Sellers property or business, this order may forthwith be conceded by the Purduaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of he agreeunent and the rights of all parties hermder shall be comoned under and govemd by the laws fthe Seca of Colorado, USA. The fllowing Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Rdidenative(s), on thecases premises efmhms Il. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own nsk until the some is fully completed and adepled, and shall, in case, of any accident, destruction or injury to the work Nadir materials before Seller's find completion and acceptance, complete the work at Seller's own expense ad to the satisfaction of the Purchaser. When marerials and tyuipmed are famished by others for installation or erection by the Sella, Or Seller shall receive, unload store mad handle more at the site and become responsible therefor as though such maenads author ryuipmmt were being finished by the Selld under the mda. 18. INSURANCE. The Sella shall, at his own expense, Provide for he payment of workers compensation, including occupational disease benefits, to its employees employod can or in connection with Or work covered by this purchase order, aodlor an their depended¢ in necordmce with the laws of pre mile in which the work is to be done. The Seller shall also carry, comprehensive mioal harlotry including, but not limired m, comments] and automobile public liability insurance with bodily injury sod death limits of at least 5300,00o for eery one person, 5500,000 for any one accident and properly damage limit Per accident of 5400.000. The Seller shall likewise requite his comments, if any, to provide for such mmpeneatlon and insurance. Before eery of the Sellers or his contractors employees shall do any work upon the promises of others, Or Sold shall famish the Prodded with a cenificate that such compensation and insumnce have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such ecnifidales shall specify the dote when such compensation and insurance expires The Sella agrees Nat such comperwaticn and informer, shall be mainuind until aRer the entire w'mk is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire remmi,dolity and liability Or any and all damage, loss or injury ofany kind or nature whaesocver to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith The Seller will indemnify mid hold harmless the Purchaser and any r all of the Purchasers ofcers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchaser may he put or subject by reason of any act, action, neglect emission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be, brought against the purchase, or its officers, agents or employees at any time on account or by reason of any act, actions, neglect, omission or default of the Seller of my of his contractors or any of its or their oRcers, agents or employes a aforesaid, the Sella hereby agrees or assume he defense thereof and a defend the same at the Sellers own exporter, to Ray any and all costs, charges, albmcys fees and other expenses, any and all judPJn.. Bat may be incurred by or obtainer against the Parch.ssor or any, of its or their officers. agents or employees in such sides or other proceeding, and in case judgment or other dim be placed upon or obtained against the pmpeny of the Purchaser, or said parties in or. a result ofsvch suits or other proceedings, the Seller will at once cause the same to he dissolver ad dischaMd by giving Fond or otherssise. The Seller and his dominion shall take all safety precautions, furnish ad insmll all gourds necessary for the proention of sccidenis, amply with all laws and mg.d tiom with regard a safey including, For without limitation, the Orrupaienal Safety and Health Ad of 1970 and all mlcs and regulations ivied pursuant theme. Revised 07R014