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HomeMy WebLinkAbout489486 TUV RHEINLAND OF NORTH AMERICA INC - PURCHASE ORDER - 9141588 (2)Fort Collins Date: 10/30/2014 PURCHASE ORDER Vendor: 489486 TUV RHEINLAND OF NORTH AMERICA INC PO BOX 416473 BOSTON MA 02241-6473 PO Number Page 9141588 1of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 10/30/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price s Addendum to add addtl funds Per requisition 48379 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 EA 7,327.98 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 exemptions. By statute she City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samlea 1973. Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due as failure to men specifications, sifter when shipped or due to deicers of damage in transit, may be retumd to you for credit and are not to br replaced exear upon receipt of wtinen instmetio 1, fmm the City effort Collins. Impation. GOODS are subject m the City of Fort Collins inspection on arrival. Fired Acceptance. Receipt of the merchandise, services or equipment in respome a this offer ran result in authorreed payment on the Pan of the City of Pon Cautious. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Iarm. Shipments most be F.OD., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill mwt wallaby invoice. Additional channel, for wckine will nor be aeemaL Shipment Distance. When mint mras have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted men Invoice when shipments rare made Gom greater dialects. Permits. Sella shall procure at sellers sole cost all necessary permits, cenifirates and licemes required by all applicable laws, legsatimu, ordinances and rates of the state, municipality, memory or political subdivision where the work is performed, Or Moore! by any other duly assumed public authority haling jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collin haunters f and against all liability and loss aarced by them by reran of an asserted or established violation of any such laws, regulations, ordinances, calls nd pair menus. Awlsolizution. All panic to this contras agate that the sepresmlotivex are, in fact, bans fide and possess full and romplee authority m bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the rearm and condition, stated herein set forth and any supplementary or additional terms and condition atmexd hereto or incorporated herein by reference. Any additional or different tams and conditions preposd by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment on arrive on your promised delivery date as noted. Time is of the easena. Delivery and perfomtan, must be effected within the time stated on the purchase offer and the documents attached hereto. No acts of the Particulars including, without limitation, acceptance of radial late deliveries, shall parnme ex a waiver of this recession. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, me option of placing 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 arc beyond its reasonable central and without Its fault of negligence, such acts of God, acts icivil or malmry amllemilies, governmental priorities, foes, strikes, Booed, epidemics, wars or riots provided that notice of the conditions rousing such delay h given to the Purchaser within five (5) days of the time what the Seller first rtcaved knowledge thereff. In me event of my such delay, the date of delivery shall be extended for the period eqwl to the time actually last by reason mthe delay. 3. WARRANTY. The Seller warrants that all gaols, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with gie lif lies, degree of care end competence in aramiance wit, accepted standard for walk of a imilar retue. The Sella agaar m hold the puff rser harmless from any loss, damage Or expense which the Pmrchaser may surf or incur on overrun of the Sellers beach of mnate, The Sella shall replace, repair or make good, without cast 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 warranty provided by the Seller after the 6 re of eceptance of the goods f mashed herewda (acceptance not m be unremombly delayed), resulting fmm impart r or defective work done or materials famished by the Seller Acceptance or use of goods by the Pmchvser shall not omtimre a waiver army claim under this wvraly. Except as otherwise provided in this pasha, order, the Sellers liability hereunder shall extend m all damages proximately cmue l by the breach of any of the foregoing wananria or guamntxes, but such liability shall in no event include loss ofpmfiO or lea 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 terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal terms, including additions m or deletion form the quantities originally offered in the specification or dmwfngs, by verbal or woolen change older. If my such change affects the amount due or the time of perfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may or any time by wtinrn change order. mama ,, this agrxement as many or all poniom of the goods then nor shipped, subject to any equitable adjustment betwem the ponies as m coy work or maeriak uben in progress provided Nor me Purchaser shall not he liable for any claims far anticipated profits on the uncomplHd 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 respat to any goods which are the Sellers standard stock. No such termination shell relieve the Purch ser or the Seller many of their obligations as m any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast Is, assured within ddiry (30) days film the date the change or termination u ordered. 8. COMPLIANCE WITH LA W. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goads are subject The Sella shall execute and deliver such daumcnss a may be required to effect or evidence compliance. All lass and regulations required to be mcorpamted in agreements of this character art barely ianryorurd herein by this reference. The Sella agrees in indemnify and hold the Purchaser harmless fmm all calls and damage sulTesi by the Purchases as a result of the Sellers failure to comply with such how. 9. ASSIGNMENT. Neither party shall assign, transfer, or foray this order, or any monies due or m became due hereunder without the prior wdnm consent force, ogia may. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, resemm nru, security interest encumbrances and claims ofothers. 11. NON WAIVER. pocure of the Purchaser to amiss upon strict pe,fonmma of the teener and eventual. flatcar, failure or delay Ira examism any rights or ranges provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance ofor payment for goods hereunder m approval clubs design, shall not release the Sella of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict par rmam hereof or any of its rights or ma dies ex to any such goods, rtgardless of when shipped, received or tempted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission or this purchase offer by the Purchaser operate as a waiver of any of the rem¢ her af. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognis that in actual economic practice, Overcharges resulting fmm wwwd violations are in fact Some by the Purchaser. Thererafne, for goad cause and as consideration for exemting this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or suite around laws for such overcharges clearing to the particular goads or services Purchased or acquired by the Purchase pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller he former nonconforming or defective goods by a date to Se agreed upon by the Purchaser and the Sella, and the Seller thereo0er 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 casts assaimed with such work. The Seller shall release the Purchaser cod its contractors of any tier floor all liability and claims of any mature resulting fmm doe 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, ogees and employees of such party. The Sellers wnuoctm[ obligations, including warranty, shall not be deemed to be, reduced in any way, because such work is performed or caused to be perforated by the Purchases. 14. PATENTS. Whenna the Seller is required muse any design, device, material or process covered by loner, patent, trademark or copyright, the Seller shall indemnify cod save harmless the Purchaser Gom any and ell claims for infringement by reason of the use of such pasented 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 m pay by =an of such infringement at any time during life prosecution or after the completion of the work. In case said equipment, m any pan liberal or due intended use of the gook, is m such suit held to commuse infringement and file use of aid egkipmml or pan is joined, the Seller shot[, at its own espasu and a its option, either pmcurt for the Purchaser the right to continue using said equipment or yams, replace the were with substantially am[ but noninlHnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the, Seller shall became moment or bankrupt, make w assignment for the benefit of creditors, appoint a freciver or trustee for any of the Sellers properly Or bra , this older may forthwith be canceled by the Purchase, original liability. 16. GOVERNING LAW. The definitioms of.. used a the interpretation oftha agreement and the rights mall parries hereunder shall be examined under and governed by the laws of the State of Colorado, USA. The following Ach itmal Caldoi ia, apply only in cases where the Sella is m perform work Iertuoda, including me sav rev ar5ellas R'.kerive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on aid work err Seller's own risk will the same is fully completed and accepted, and shall, in me of any accident, destruction or injury to the work weeder mammals before Sellers final completion and accep , complete the work at Seller's awn expense cod be the atixection of the Particular. When materials and equipment are fumlshed by others for imndHtioo or erection by the Seller, rife Sella shall receive, unload stare and handle same el the he cod become responsible therefor as giough such materials srdlor equipment were being famished by the Sella order the order. 18. INSURANCE. The Seller shall at his own expene, provide for payment of workers countryman. , including mcupalwall disease benefits, to its employees employed on or in connexion with the work covets by this purchase order. a War to Nov depeadmax in accordance with Ne laws of gie urn, al which the work is m be done. The Sella shall also carry comprehensive general liability including, hot not limited to, contmaual and automobile Public liability insurance with bodily injury and death limits of at ]east S300,000 for any one person, $500,000 for any accident and property damage limit per accident of $400,000, The Seller shell likewise require his wmetars, if any, to provide for such fularelection and insurance. Before any of the Sellers or his contractors employees shall do any work upon me premises of others, the Sella shall Finish the Purchaser with a certificate that such compensation and insurance have ban provided. Such cemificame shall specify the date when such compatcolom and imumme have been provided. Such artifiwtes shall specify me date when such recreation ad insurance expires. The Sella agrees Nat such rompatsaian cod marence shell be maintained anti[ after due entire work is completed vad occepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby -so.. Ne entire rapmaibillty and liability for any cod all damage, Ions ar injury of any kind or wtur, whatsoever to persons or pmpeny eased by or Mulling from the exempton of life work provided for in this purchase older or in formation herewith. The Seller will indemnify and hold harmless the particular and coy or all of the purchasers officers, agents and employees fmm and against any and all claims, losses, damages, chwM or expenses, whether direct or indirect, and sq aller to prnons or property to which the Purchaser may be put or subject by reason of any act. action, neglat omission or default on the part of due Seller, any of his contracts, or any of the Sellers or contractors officers, agents or employers. In case any suit or other proceedings shell be brought against the Purchase, err 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 contractors or any of its or their oRcers, agents ar employees as of aid, the Sella Hereby agrees to aanme the defame, quarter and m defend the mom at Ne Sellers own expense, to pay any and all costs, charges, atom,; fixes and other expenses, any and all judgments that may be incurred by or obtained against the Purchssw or any of its or their oRcers, agents or employees in tech Buie or other proceedings, and in case judgment or other lien be placed upon or obtained against the property crust Purchaser, or said parties in or as a real[ of inch suits or other proceedings, the Seller will at once came the same ro be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety Fluctuations, famish and install all guard necessary for the prevention of Occident, comply with all laws and regulation with regard m safety including, bur without limitation, the Humiliated Safety oral Health Act of 1970 and all If, and regulations issued pursuwl gierem. Revised 07a014