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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9146002PO PURCHASE ORDER 914600er Page City of PURCHASE 9146002 1 of 2 F6r} CollinsCThis number must appear ,/_^,'`�—,J`_, ` " J on all invoices, packing sli s and labels. Date: 10/1512014 Vendor: 126722 WIRELESS ADVANCED COMMUNICATIONS 3901 W SERVICE RD EVANS CO 80620 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 10/15/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Squad 9 1-2200853 invoice dated 9/26/14 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@fogov.com 1 LOT LS 8,624.43 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By mature the City of Fort Collins is exempt from spite and I.al taxes. Our Exemption Number is I L NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of ReKistry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tears and conditions hereof, failure or delay to Iatemal Revenue, Denver, Colorado (Ref Colorado Revised Stories 1973, Chapter 39-26, 114 (a). exervise any rights or remakes provided herein or by law, failure a promptly notify the Seller in the motor of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due W fhilure to meet specifications, either when shipped or due to defects of any of be warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be reamed to you for credit and are not W be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goads, regardless instructions from the City of Port Collins. 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 operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. - authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from aniivint nforr ACCEPTANCE is dependent upon completion of all applicable required inspection pro.durea violations are in fact home by the Purchaser, Theretofore good cause and as consideration fro executing this purchase order the Seller hereby assigns to the Purchaser any and all claims it may wow have m hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sr. Pan Collins, CO 80522, unless acquired under federal or slate mums sl laws for such overcharges relining to the particular Prods or services otherwise specified on this order. Upermission is given to prepay Freight and charge separately, me original freight purchased or acquired by the Purchaser pursuant W this purchase order. bill muss accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest dumbufion point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Perrin¢. Seller shall procure at sellers sole cast all necessary permits, certificates and lieenecs poinimed by all applicable laws, regulations, ordinances and ales of the stale, municipality, enormity or political subdivision where the work is ptafomed, or required by any other duly constituted public authority having jurisdiction over the work of vendor_ Seller further agrees to bold the City of Pon Collins harmless from and against all liability and loss incurred by them by mason of an assenW or established violmiom of any such Laws, regulations, rrdinances, ales and requirements. Authorization. All pantos an this comma agree that the representatives are, in fact, bona fide and possess full and rmplele authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplemeaftry or additional terms and conditions annexed herno or incorporated herein by reference. Any additional or diterem terms and conditions proposed by sells are objected to and hereby wetted. 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 the time staled on the purchase order and the documents meched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, is addomp to other legal and equitable remedies, the option ofplaciW 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 reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, 6m emposiol pnoriti,,, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the carm of any such delay, the dale of delivery shall be extended for the period equal a the time normally lost by reason ofthe delay. 3. WARRANTY. The Seller wamnts cat all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, sumples anchor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar name. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account offing Sellers breach of property. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults wising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Sella after the date of acceptance of be goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of any claim under this waranty. Except as oherwiae 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 may make changes to legal terns by wmten change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, mother than legal to , Including additions to at dr1c ions from the quantities originally ordered in the specifications or borwimgs, by verbal or written change order. If any such change affects the amount due or the time ofperfomanee hereunder, an equitable adjustment shall be made 6. TERMINATIONS. The Purchaser may W any time by wanow change order, terminate this agreement as to any or all perhaps of the goads then not shipped, subject to any w,mo ble adjusment between the parties as to any work or materials den in progress provided that the Purchaser shall not be liable for any claims for anticipated profits nn be uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which ere the Sellers sardwd stuck. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be restated within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LA W. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and Nmished in sheet compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of cis character we hereby inewpomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure W comply aid such law. 9. ASSIGNMENT. Neither patty shall assign, transfer.,.navy this order or any monies due or to become due hetwnder without the Met wnren consent of the other pmty. 10. TITLE, The Seller warrants full, clear and unrestricted title to be Purchaser for all equipment, materials, end items Pomished in performance of this agreement, free and clew of any and as liens, restrictions, reservations, security interest encumbrancer and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller Renumber indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cosh associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsueh party. The Setters contractual obligations, including warranty, shall not be deemed to be induced, in any way, because such work is performed orcaused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is acquired to use any design, device, material or process covered by lefter, patent, trademark ropynght, the Seller shall indemnify and save hmmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan is joined, the Seller shall, at its own expense and at its option, either Orowm for the Perelman the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify, it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver of Trustee for any of be Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitems of terns used or the interpretation ofthe agreement and the rights of all parties hereunder shall be constmed under and governed by We laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perrom work hereunder, including the services of Sellers Repreaenativds), on the premises ofo hers. ❑. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work maker materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When matedals and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same W the site and become responsible therefor as though such materials and/or equipment were being[ glaxi by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the wore covered by this purchase order, anchor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also vary comprehensive general liability including, but not limited to, confirmed and automobile public liability rowan.. with bodily injury and death limits of ar least $300p00 for any one Person, $500,000 for any one accident and progeny damage limit per accident of $400,000. The Seller shall likew se require his contractors, if any, to marvrde for such compensation and insurance. Before any of the Sellers orhiscompactors employees shall do any work upon the premises of others, the Seller shall famish de Purchaser with a certificate that such compensation and insurance have been provided. Such curotgr va shall specify the date when such compensation and insurance have been provided. Such cenifcates shall specify the date when such compensation and insurance expires- The Seller agrees that such compensation and insurance shall be maintained it after the entire work is completed and prettied. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind nature whatsoever, to persons or property caused by or resulting from de execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold Expand s the Purchaser and any cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or expertswhether direct or indirect, and whether to personsor progeny to which the Purchaser may be put or subject by reason of any act, action, neglect, omission 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 be Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his amemetors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and be, expenses, any and all judgments that may be incurred by or obtained against be Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaseg or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharges by giving band or otherwise. The Seller and his contractors shall take all safety precautions, fumish and install all guards necessary for be prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, be Occupational Safety and Health An of 1970 and all mars and regulations issued protocol thereto. Revised 092014