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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9146150Fort Collins Date: 10/22/2014 Vendor: 102552 C S U CASHIER'S OFFICE 6015 CAMPUS DELIVERY 118 LORY STUDENT CENTER FORT COLLINS CO 80523-6015 PURCHASE ORDER PO Number Page 9146150 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAINING FACILITY POUDRE FIRE AUTHORITY 3400 WEST VINE FORT COLLINS CO 80521 Delivery Date: 10/21/2014 Buyer: ED BONNETTE Note: PER INVOICE #9102014 DATED 9/10/14. TRAINING FOR PFA/CSU FIRE OFFICER I AND FIRE OFFICER II PROGRAM. Line Description Quantity UOM Unit Price Extended Ordered Price 1 GSLL 3014 & 3016 - FO 1,11 Inv 9102014 - 20 @ $800 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 16,000.00 Total $16,000.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collins is exempt fmm slate and local taxes. Om Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-bgW587 is regismom with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sumter 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED the to faihue to meet specifications, either when shipped or due to defies of damage in transit, may be resumed to you for credit aral ere not to be replaced except upon receipt of wriam insanctions form the City affect Collins. I.peclion. GOODS are subject to the City of Fun Collins inspection on arrival, Final Acceptance. Receipt of the membouchure, services or equipment in oexpone to this order vadcan result in aunhorpayment on the pan of the City of FoFortCollins.be Collins.. Howevea it of to understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable acquired inspection procedures. Freight Torres. Shipments must be P.O.B., City of Fort Collins. 700 Wood St. Fort Collins, CO 80522, unless Otherwise specified On this order. If pem,ission is givm to prepay freight and charge sepammly, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have dumbming points in various parts of the country, shipment is expected fmm the learnt distnbution point to destitution, fool excess fight will be deducted from Invoice when shipments are made from pmiter dimmer. Permirs. Seller shall procure at sdlers sale cost all necessary permits, cenifcares and hanses required by all applicable laws, regulations, ordinances and tales of the style, municipality, territory or Political subdivision where the wvrk is performed, or required by any other duly c ns imted public an dimity havingjudadiction over the work of vendor. Seller (umber agrees to M1old the City of Fon CoRi s homins man and against all IiabiI try and lass incurred by them by meson of an wished or amorkshed violation of my such laws, regulations, ordination, rules and mluirements. Authorisation. All games to this contract agree that to pa maenutivas are, in fact, bona fide and possess full and complete affinity to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly hinits acceptance to the terms and conditions shared herein set Junk and any supplementary or additional terns and conditions annexed hereto or incorpammd herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you amwr make complete shipment m arrive m your promised delivery date as timed. Time is of the essence. Delivery and performance must be e@cited within the dme staid on the purchase order end the documents attached hereto. No acts Of the Purehaers including, without limitation, acceptance of phial late deliveries, shall openta as a waiver of this provision. In the event of any delay, the Purchaser shill have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, to Seller shall not be (table for damages es a result or delays due to causes not reasoawbly foreseeable which are beyond its reamnable control and without its fault of negligence, such acts of Grad, acts of civil or military emhomin, govemmeml Promides fires. strikes, Bond epidemics, wars or raw provided that notice of the conditions causing such delay n given to Be Purchaer within five (5) days of the time when the Seller first received knowledge therm(. In the event of my truth delay, the date of delivery shall be extended for the period equal to the time actually lost by mason offie delay. 3.WARRANTY. The Seller warrants that all goods, anodes, materials and work covered by this order will confirm with applicable drawings, specification, samples and/or OR- description given, will be fit far the puryoses intended, anal performed with the highest degree of care and mmpnence in accordance wit accepted smadards for work of a imilar .tare. The Seller agrees to hold the purchase, harmless from an, loss, damage err expetxx which the purchaser may suffer or wcur on account of the Sellers breach of wamnty. The Seller shall replace, repair of make good, without cost to the purchaser, any defecls or faults arising within one (1) year at within such longer pried of time as may be prescribed by law or by the terra of any applicable warranty provided by the Sella one, the dale of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), backing dam imperf t or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not onsfmte a waiver ofany claim under this warranty. Except as otherwise provided in tls purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by to breach of my of the foregoing wa ref ies or guaranums, but such liability shall in no runt include loss of profits or lass of tic. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal ¢ems by written clumge .,do, 5. CHANGES IN COMMERCIAL TERMS. The PuaM1.sser may make any changes to the terms, other than legal moms, including additions to or deletions; fmm fire quantities originally ordered in the specificatiom or drawings, by verbal or written charge order. 11any such change affirru the amount due or the lime mperf n.. hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by vorum change, order, terminate this zgreentcnt as to any or all Fortions of the goods then not shipped, subject to any equitable adjustment between the genies as to any work or mamrlals then in prob provided that to Purchaser shall not be liable for any claims for anticipated profits on the contemplated Portion of the good and/or work, for incidenul err comer matial damages, and that . such edjntmmt Be made in favor of the Seller with respect to my good which art the Sellers sm,dd stock. No such nomination shall relieve the Purchcer or the Seller ofany of their abligatioa as to my goods delivered hareunde. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjmtment most be asserted within thirty (30) days from the dine the change or temrinalion is ordered. 8. COMPLIANCE WITH LAW. The Seller xn.. that all good sold hereunder shall have been produced, said, delivered and famished in slim compliance with all applicable laws and regulations to which the goods e2 subject. The Seller shall'mouse and deliver such comments as may be required to effect or evidence compliance. All laws and reguladon required n be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella, agrees to indemnify and hold the Purchaser hamsless fiom all costs and damages suffered by the Purchaser as if result argue Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Early shall assign, powder. of came" this What, or my monies due or to become due hereunder without to prior written common ofgue order party. 10. TITLE. The Seller warrants full, clear and unrestricted tide m the Purchaser for at I equipment, materials, and items famished in perfmance of this agreement, free and clear of my and all lien, restriction, reservations, security interest mcum purges and claims afothers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to exervisa tiny rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a match, the acceptance ofor payment for good hereunder or approval ofthc design, staff not release the Seller of any of the wammtin or obligations of this Forefoot, order and shall not be deemed a waiver of my right of Be purctaa¢r to insist upon must pert ce laeral at my of its rights or mnedies as to my such good, re%anlleas of when shipped, reardocil or accepted, n to any prior or subsequent default h vennder, nor shall any Imported oral madi fieation or rescission of this pufchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize dust in acnul acoaomic practice, overcharges resulting final mtimLst violmlo. are is fact borne by the purchase, Theretofore, far goad eau¢ and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now, have or hereafter acquired under fdeml or state antitrust laws for such ovetchmgo relating to the particular goods or services purchased or acquired by Re Purchaser pursmnt to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dheas the Seller to correct nonconforming of defective goods by a date to be agreed upon by the Enchant oral the Seiler, andthe Seller Bummer indicates its armodiry or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious memo available m it, and the ScRor shall pay all costs associated with such work. The Seller shall release the Purchaser and its continuous of my tier from all liability and claims of my nature esulling from the praf ornmea of such work. This release shall apply even in the went of had, of negligence of the parry released and shall extend to the directors, officers and employees of such patty. The Sidles emotional obligations, including wsnanry, shall not le deemed m be reduced, in my way, because such work n performed err caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any deal,, device, material or process covered by letter, patent, ma lmook or copyright, the Seller shall indemnify anal save harmless the Pummo,r Rome any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the cartmet and shall iMemnify the purchaser far my cost, expense or damage which it may be obliged n prey by rennin of such infringement at any time during the prosecution or after the completion of to wort:. In ease said equipment, or any pm thereof or the intended use of the goods, is in such suit held to constimte infringement and the use of said equipment or Wm is enjoined, the Seller shall, at its own expense and m its option, either Reactor for the Purchaser the fight to continue using said equipment ar pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfnngtng. 15. INSOLVENCY. If fie Sellm shall become moraftent of bankrupt, make for assigmtem for tic hereof, of creditors, appoint a receiver m trustee for my of the Sellers property or business, this order may foMwuh be canceled by tbe Purchaser without liability. 16. GOVERNING LAW. The definilion of at. used or the inte,frod m of the agreement and the rights of all parties hereunder shall be constined under and governed by the laws ofthe State of Colorado, USA. The, following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the smssn of Sellers Rapreunmtivehif on the premises ofoders 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Solees own disk until the same is fully completed and accepted, and shall, a. e of my accident, destruction m injury to the work .&Or materials before Seller's final completion and ecepmnee, complete the work at Sellees own expene used to the m,isfneiom of the Pureftser. When materials and equipment are famished by When for installation or m orm by the Seller, the Seller shall receive, unload. scare and handle same at the site and become responsible therefor as tough such mmerids aral/or equipment were being( fished by the Sella under the Water. 18. INSURANCE. no Seller shall, at his own expense, provide for the payment of workers compensation, including regained disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the shire in which the work is to m done. The Seller shall also cony mmprehenive general liability including, but not limited to, mnmemal am automobile public liability insurance with bodily injury and death limits of at least SuMist0 for any one person, S500,000 for any tic accident and property damage limit per recided, of MERTR0. The Seller shall likewise require his contractors, if any, to provide for such compensmion oral im�ce. Before any of the Salters or his contractors employees shall do any work upon the premises of when, to Seller shall furbish the Purchaser with a certificate that such compensation and insurance have been provided. Such cemificmes shall specify the date when such compensation and insurance have been provided. Such cerrifcates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepred 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nsumea the entire responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to pctsoa or propmy caused by or resulting firm the execution ofte work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Pmchusers o0icen, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or official, and wha him to persons ar property to which the Purchaser may Se put or subject by towns of my act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or any of the Sellers m cmussamrs officers, agents or employees In cox any suit ., other proceedings shall be brought against the Pcocbasm, or its officers, agents or employees at my time on zecount or by reason of any act, action, neglect, omission cr default of the Seller of any of his mmicarcmrs or my of its or ,halt oMean, agents or employees as aforesaid, the Seller hereby agora to assume the defense therm( and to defend the same at the Sellers own expense, to pay any and all casts, charges, amov eys fees and othm expenses, any and all judgments But may be incurred by or obtained against the Purchaser or any of its or then officers, agents or employees in such suits or other pmceediapy, and in case judgment or other him be placed upon or Obtained against the properly of the Pmchaso, or said pries in re as a result of such suits or.,her proceedings, Um Seller will at once caux the same to be disnWm and discharged by giving bond or otherwise. The Seller and his contractors shall take all safery precaution, Ramesh and install all g.rd necessary for the prevennion of accidents, comply with all laws and regulation with round to safely including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant term. Revised 09I2014