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HomeMy WebLinkAbout365107 EPC USA INC - PURCHASE ORDER - 9146154Fort Collins Date: 10/22/2014 Vendor: 365107 EPC USA INC 6463 S PRESCOTT ST LITTLETON CO 80120 PURCHASE ORDER PO Number Page 9146154 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 10/22/2014 Buyer: ED BONNETTE Note: PER QUOTE #FROM TOM HINCHSLIFF TO JOHN HUSTED DATED 10/3/14. ARE REPLACEMENTS FOR EXISTING NETWORK APPLIANCES THAT ARE AT END -OF -LIFE. Line Description Quantity UOM Unit Price Extended Ordered Price 1 TRINZIC 820 W/NETWORK SERVICES ONE AND GRID - QTY (4) 2 1 YR PREMIUM MAINTENANCE FOR TE-820-NSIGRID-AC-QTY (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 LS 1 LOT LS 18,948.00 5,580.00 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 1. COMMERCIAL DETAILS. Tax exandiotss. By statute the City of Fort Collins is exempt fore state ad local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is ragiae d! with the Collector of Interred Revenue, faced. Colorado (Ref. Colorado Raised Stamtd 1993, Chapter 39-26, 114 (a). Goods, Rejected. GOODS REJECTED due m failure to area specifications, either when shipped or and b defeats of damage in transit may be resumed m you for credit and are not to be replaced except upon receipt of "den mstructions from the City of Fort Collins. Ide,atim. GOODS art subjects. the City of Port Collins inspection an arrival. Final Acceptances Racipt of the merchandise, services or equipment in response u, this odes seca result in authorized payment on the pan of the City of I. Collins. However, it is m be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Temn. Shipments must be F.O.U. City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If penn¢sion is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where runumentirers have distributing Paints in us 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. Sella shall procure at sellers sole cost all necessary permits, ecdlficata and licenses required by all applicable laws, regulations, ordinances and sales of the state, municipality, tendon, or political subdivision where the work is performed, or required by any other duly comtlmled public auhoriry, having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fon Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles anal requirements. Auch ndemms All parties to this contend agree Out the representatives are, in fact, bow fide and I.. full and complete authority to bind said patties. LIMITATION OF TERMS. This purchase Order expressly limits Ocepence to the Is. and mddions stand herein set fed and any supplementary or additional terms and conditions aanexed hereto or incorporated herein by reference. Any additional or different ema and conditions proposed by seller arc objected to add hereby rejated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date ed noted. Time is of the essence. Delivery and performance must be effected is him the time stated on the purchase under end the dacuments incOhed hereto. No acts of the Purchaers 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, in addition to other legal and equitable readies, the option of placing this order elsewhere and holding the Seller liable for damages. However, me Seller shall not be liable for damages as a result of delays due a muses not manomthly foreseeable which are beyond its reasonable control and without its Galt of negligence, such nets of Gsal, acts of civil or military authorities, governmental prionties, 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 Brst received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time hardly lost by reason ofths delay. 3. WARRANTY. The Seller warrants that all good, articles, mand ate and work covered by this order will conform with applicable drawings, specifications, samples harbor other descriptions given, will be fit for the purposes intended, and ,abscond with the highest degree of and, had competence an maccarum with accepter sc.darsh for weak of a similar rerun. The Sella agrees to hold the purchaser hamless from any loss, damage or expense which the Purchaser may sutler or incur on amount of the Sellers breach of warranty. The Seller shall replace, repair art make good, without cost to the purchase, any defects or faults arising within one (I) year or within such longer perid of time as may M presented by law or by the term of any applicable warranty provided by the Sella after the date of Ocepmde, of the goods furnisher hereunder Firearms, nor to be unreasonably dclayed), resulting from imperfect or defective work date or materials f Wed by the Seller Acceptance or use of good by the Pudi sser shall nor onsrime a waiver ofony claim dMer, this worm, Except as otherwise provided in this purchase area, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrant in or greran es. but such liability shall in m event include Ins, of profits art loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes t. legal on. by wooden change arder. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terms, other than legal hems, including additions in or deletions from the quantities original y ordated in the specifications or drawings, by verbal or written change arder. If any such change affects the amuum due or the lime of pars mance hereunder, an eghimble adjustmen shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any o all portions of the gowns then not shipped, subject t. any equitable adjustment between the parties as to any work or materials then in progress provided that the Pumbaser shall not be liable for any claims for anticipated profits on the uncompleted ponion of the goods addict work, for incidental or consequential damages, add that no such adjuamend be made in favor of the Seller with respect many goods which rare the Sellers scandal stock. No such emination shall relieve the Purchaer or the Sella of any of their obligations as to any good delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be co mcd within cars, (30) days from the date the change or emitution is ordinal. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold heremder shall have been produced, sore, delivered and fumuhed in wrier compliance with ell ep,liable lass and regulations to which the goods are subject. The Sella shall execute and deliver such documents as may be acquired to effect or evidence compliance. All laws and regulations required m be nco ,mated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchases harmless from al cons, add damages suffered by the Pdcmha ns a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, vansf, or convey this order, or any monies due or to become due hereunder without the Prior written consent of the older patty. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for at I equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofolhers. I I. NONWAIVER. Failure of the Purchaser or insist upon strict performance of the temp and conditions hereof, failure Or delay 1. invarrive any rights or rdnalms presided herein or by law, failure to prdnptly oatify the Seller in the event of a breach, the accepanae of or payment for goods hereuder or approval film design, shall at Or. the Seller of any of the commands or obligations of this purthed, under and shall rot be deemed a waiver of any right of the purchaser to insist upon strict performance hereafea any of its rights or remedies as to any such goods, regardless of when shipper, received or accepted, ss to any prior or subsequent default hereunder, cur shall any purported oral madifcauon or rescission of this purchase order by the Purchaser operate as a waiver of any of the teats hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the purchaser r..,arm that in actual anno is prsaice, oveulm,,; drinking Tom antitrust violations are in fact home by the Purchaer. Theretofore, forgoodcause and rah consideration for executing this puchus, order, the Seller hereby assigns to the Purchaser any and all claims it may now have or bcreaRer acquired under federal or state antitrmt laws for such overcharges relating to the particular goods or services purchamd or acquired by the PurcM sec pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a dale In be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its imbiliry 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 costs assoaimd with such work. The Seller shall release the Purchaser and its commands of any tier from all liability and claims of any nature resulting from the performance of such work. This M. shall apply even in the event of fault of negligence of the parry released and shall extend to the directors,.Beers and employees ofmch pan,. The Seller's continental obligations, including warranty, shall not W dvemd to be rducdk in any way, because such work is performed or caused to be performed by she Ptucbaser. 14. PATENTS. Whenever the Seller is required to use any design device, material at process covered by lend, potent, trademark or copyright, the Seller shall indemnify add save harmless the Purchaser from any and all claims for infringement by reason of the use of such painted design, device, material or process in formation with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by head. of such infringement at any time during the prosecution at after the completion of the work. In was said equipment, or any pan thereof or the intended use of the goods, is in such suit held to somehow 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 Purchaer the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or lankmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. to. GOVERNING LAW. The definitions ofterms used or the thout rutation ofthe agreement and the rights of all parties hereunder shall be consisted career and governed by the laws of the State ofColamdo, USA. The following Additional Conditions apply only fo does where the Sella is an perfom work hdeuodd, including the serf cs nfSeilers Represrndtive(s). on do, ervius ofoflax. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk mail the same is fully comply d had accepted, and shall, in case of any accident, destruction or injury to the work moor materials before Seller's final compleion and accepance, complete the work at Seller's own experse nM to the salist... of the Purchaser. When maunak and equipment are fl.¢h by others fm installation ea erection by the Sella, the Sella shah acme, unload, store had handle same at the site aid become responsible therefor as though such matmals andfor equipment were being Loathed by the Seller under the arder. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employers employed on or in connection with the work covered by this purchase order, andNor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also cart, comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limier at at least S300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, if any, to provide tau such compensation and in e. Before any of the Sellers or his contmatms employees shall do any work upon the premises of others, the Seller shall famish the Purchaser, with a certificate that such men armadmn and insurance have been provided. Such candidates shall specify the date when such compensation and imuance have Iran provided. Such certificates 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 scalded. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby ah urea the entire responsibility and habiliry for any and all damage, loss or injury of my kind or mare whatsoever to persons or property causer by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Pucbaser had any or of of the Porehnser officers, agents and employees from and against my rod all claims. losses, damages, chatga or expenses, whether direct or induced. and whether to persons or property to which the Purchaser may Is, put or subject by reason of any act, onion, raglan, addition or default on the pan of the Seller, my of has commands, or any of the Sellers or matrmmrs officer, agents or employees In case my suit or other paced arp shall Ise brought against the Purehsser, or its officers, agents or employees at my time on account or by reawn of my act, Orion, milled, omission or dcfauh of the Seller of any of his contractors or my of its or their oRceas, agents or employes as aforesaid, IM Sella hereby agree, to assume the defense thereof had to defend the some at the Seller own expense, to pay my and all casts, charges, attorneys fives and offer expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my 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 pmpeny of the Purchae, 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 discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but withum limitation, the Occupational Safety and Health Ara of 1970 and all rules and regulations issued pursuant thereto. Revised 07=4