HomeMy WebLinkAbout471277 EMERSON NETWORK POWER - PURCHASE ORDER - 9146363Fort Collins
Date: 10/30/2014
Vendor: 471277
EMERSON NETWORK POWER
LIEBERT SERVICES INC
610 EXECUTIVE CAMPUS DR
WESTERVILLE OH 43082
PURCHASE ORDER
PO Number Page
9146363 +ore
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER TREATMENT PLANT #2
CITY OF FORT COLLINS
4316 W LAPORTE AVE
FORT COLLINS CO 80521
Delivery Date: 10/3012014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Replacement of VRLA Battery
Equipment
Tag# 1349657; Battery Model ENERSYS HX205; 40 Jars
2 Tag # 1352460; Battery Model
ENERSYS HX150E; 24 Jars
Per Quote No. Q02209925
1 LOT LS 4,978.00
1 LOT LS 2,024.00
Email or Fax PO to AC Systems, Inc.
Attn: Mark Zuffoletto; mazuffoletto(a@acsystems.com FAX: 720-382-1112
3 Freight
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, Fart Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com
1 LOT LS
1,052.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tennis and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state urul local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-6000589 is registered with the Collector of
Internal Revenue, Demo, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Good Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of
damage in transit, may be retumcc to you for credit and one not to be replaced except upon receipt of written
instructions from the City of Pon Collins.
Impaction. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, anchors or equipment in response to this order tan result in
anthodsd payment on the pan of the City of Pon Collins. However, it is to b, understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable mgoiced inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fog Collins, 700 Wood St., Fan Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany, income. Additional charges for parking will not b, accepted.
Shipment Diseance. Where manufacturers bleve changing, points in vuriom rags of the country, shipmem is
expected from he nearest distribution point m deslimtion, and excess freight will be occurred tom Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sale cost all accessary Permits, mgi5cates and lammes required by all
applicable Iowa, regulations, oNieances and roles arms same, municipality, territory or politial subdivision where
the work is performed, or recluired by any other duly mudguard public normal havingjudadiction over the work
of vacation. Sella funher agrees to hold the City of Fort Collins harmless from and against all liability and Inn,
ncurred by them by reamn of an msaaed or established violation of any such laws, regulations, ordinance, roles
and requirements.
Authorization. All parties to this contract agee that the representatives me, in fact, bona fide and possess full and
complete authodry ao bind said purries.
LIMITATION OF TERMS. This Purchase Oslo expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terns and mndiumu annexed henna or incorporated begin by
reference. Any additional or different terns and condition proposed by sells are nbjecc l m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou canna, make complete shi,ownt m arrive na your
Promised delivery date as noed. Time is of the essence. Delivery and perfrmanm most be effected within the time
stated on the purchase, order and the documents attached hereto. No aces of the Puahal including, without
himor on, aerepunce of pagial late deliveries, shall operate m a naive, of this provision. In the event of any delay,
the Purchaser, shall have, is addition 1. came, legal and equitable ranedics, the option of plains this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages ns a result of delays
due m tames not reasonably foreseeable which are beyond its examinable central and without its fault of nedigaee,
such acts of God, acts all or military authorities, govemanemal priorities, fires, strikes, Rood, epidemics, wars or
rims provided that notice ofthe conditions causing such delay is given to the Pamhma within five (5) days of the
time when the Sella f r received knowledge therm(. In me event of any such delay, the date ofdelivery shall b,
extent d for Bu penod equal to me time acnW ly lost by reason of me delay.
3. WARRANTY.
The Seller warrants that all grad, articles, common 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 the highest degree of care and compden¢ in accordance with accepted standard for work of a
sought warm. The Seller agrees m hold ebe purchaser harmless from any loss, damage or expcme which the
Purebaser may suffer ce incur on amuh of car Sellers breach of warranty. The Seller shall replan, repair or nuke
good, without cost to the purcha er. any defects or faults nursing within one (1) year or within such longer parried of
time as may be prescribed by law or by the ertm of any applicable warranty provided by the Seller after the date of
acceptance of the good famished hereurlder (acceptance not be unreasonably delayed), resulting from imperfect
or defective work done or materials Punished by the Seller. Acceptance or use of gcuds by the Pnrch'uer shall ,at
onstimte a waiver of any claim under cars warranty. Except m ohewise provided in this pumhmr, order, the Sellers
liability hereunder shali extend to all damages proximately caused by the breach of any of the foregoing warranties
or gmemories, but such liability stall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser mny make changes m legal teems by written change order
5. CHANGES IN COMMERCIAL TERMS.
The purchaser may make any changes to the emu, other than legal form, including addition, to or delnions from
the quantities originally ordeml in use speculation or drawings, by verbal or wri an change order. If my such
change Officers the amount due or doe time ofperformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Pnrchuer may at any time by wrium charge alder, terming, Ibis agmemem m m any or all portions of the
good then not shipped, subject to any equitable adjustment between the Wnies as to any walk err materials then in
pmgess anciJed Oaf the purchase, shall or be liable for any claims for anaicipased prefirs on be arimpipleted
Iranian cifill goods ands., ..,it, for incidental or cmuequential damages, and for rut such edjmtmrnt b, made in
favor of the Seller with resnecuo any goad which art the Sellers sendaou stuck. No slash mmrinartion shall achieve
the Purchaser or the Seller of my of their obligations in to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be acseged within thirty (30) days from the date the change or attenuation is
ordered.
S. COMPLIANCE VOTH LAW.
The Sella warrents that all goons mid hereunder shall have ban produced sold delivered and fumisbed in strict
compliance with all applicable laws and regulations a which the goods are subject. The Seller shall execute and
deliver such doc use fs n may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser h t. from all costs and damages sufered by the Purchase az a moull of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither many shall aufgn, another, or convey this arch, or any monies due or to become due hereunder without the
Prior written consent ofthe other party.
10. TITLE.
The Seller warrants full all not unrestricted title to the Prccbuer for all equipment, maerials, and itemt famished
in performance of this agreement f and clear of any and all liers, reso-iaioas, reservations, security inument
amendment. and claims of others.
II.NONWAIVER.
Failure of the Purchaser 10 insist upon one, pafficare. of the terms and conditions hereof, failure m delay ao
any rights or remedies provided herein or by law, failure to promptly notify the Seller in she event of a
broach, the acceptance of or pay gh , far good hetmnder or approval of the design, shall Out release the Seller of
any of the warranties or obligations of this purchau order and shall not be dcemed a waiver of any right of the
purchaser to insist upon strict performance hegio for any ofits tights or remedies as to any such good, regardless
of when shipped, received at accepted, m to any prior or subsequent default hereunder, nor shall any purpogcJ
am[ modification or rescission of this purchau order by the Purchaser operate us a waiver of any of the teem
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the purchaser mangnitt that in actual mnemonic practice, overcharges ranging from antitrust
violations are in fact tome by the Purchaser. Themofore, for goof a.. and m mnsidemtian for executing this
pumhax order, the Seller hereby assigns to the Purchaser any and all claims it may now have Or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuam an this purchase court.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifdee Purchaser direct, the Seller to correct nonconforming or defective goods by a date to be agred upon by de
Purchma and the Seller, and the Seller caermfter mdimtes its liability or unwillingness to comply, me purchaser
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.
The Sella shall release the ruminator and its contractors of say her from all liability and claims of any argue
resulting from the pert mere of such work.
This release shall apply coca in the event of fault of negligrnce of the parry released and shall extend ao the
directors, Officers and employees of such party.
The Seines contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be, performed by the Purchaser.
14. PATENTS.
Whenever the Seller is rtquired eo use any design, device, material or process mva l by legal, patch,, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such parented design, device, material or Fracas in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In cox said ryuipment, or
any part thereof or the intended use of the good, is in such suit held ao cons,iete infringement and the use of
said equipment or rag is cornmeal, the Sella shall, at its own expense and at its option, either proem, for the
Purchaser the right to continue using said equipment or pans, replace the now with substantially equal but
noninfiringing equipment, or modify it m it baames noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
grativen or trustee for any of the Sellers property in bounce, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitiom ofetms med or the interpmmtion ofine agreement and the rights of all parties hereunder shall be
conserved under and governed by the laws of the Star nfCnlomdo, USA
The following Annuitant Conditions apply only in cases when the Seller is to perform work hereunder,
including th, services of Sellers Rrpresrnative(m). on the premiers ofomcrs.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Settees own ask until the same is fully completed and accepted, and shall,
in e of any accidmL destruction or injury to the work and/or materials before Settees final completion and
acceptance, complete me work in Seller's own expense and to the satisfaction of the Puchaer. When materials
and equTmem art fntimbeed by others for installation or erection by the Seller, the Seller shall receive, unload,
since and handle same at me site and become responsible merefm as though such materials and/or equipment
were being fumuhed by the Sella under the model
18. INSURANCE.
The Seller shall, at his awn expense, provide for the payment ofworkcrs compensation, including occupational
disease benefits, a its employees employed on or in connection with the work revered by this purchase order,
and/or to their dependents in accordance with the laws of me state in which the work is to be done. The Seller
shall also cony comprehensive general liability including, but not limited ter, mntmdual and automobile public
liability incommu , with bodily injury and death limits of ar lean S300,W0 fur any one Person. S500,000 for any
one accident atW Impunity damage limit per accident of S4W,nW. The Sella shall likewise require his
constructions, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish the Purchnser with a certificate
that such compensation and inamonce have been provided. Such cntifcatex shall specify the date when such
compensation and insurance have been provided. Such certifimles shall specify the date when such compensation
aM insurance expires. The Sella agrees that such compensation and insurance shall be mmmusamed until after the
entire w'oh is completed and assigner-
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury many kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this ur pchase order or in connection herewith. The Seller will indemnify not hold larmless the Purchaser and any
cr all of the rotational afters, agents and employees from and against any and all claim; losses, damages,
harges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may
Far per u, subject by reason of any act anion, neglect, omission nr default on me pan of the Sella, any of his
contractors, or any of the Sellers or mngaaars officers, agora or employees. In case any suit or other
proceedings shall be brought against the Purchases, or its officers, agents or employes as any time on amunt or
by reason of any act, action, neglect, omission or default of the Seller of any of his contmmors 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 tame at me Sellers own release, to pay any and all costs, charges, moneys fees and other expanses,
any and all judgments that may be incurred by or obtained against the Partial or any of its or their often,
agents or employers is such sum¢ or other proceedings, and is cure judgment or other lim be placed upon or
obtained against the properly, of for Purchaser, m said parties in or az a result of such suits or other proceedings,
the Seller will at once came the same to be dissolved and dischargcc by giving band or omcxonce. The Seller and
his contmcmrs shall take all safety precautions, famish and inciall all guard necessary for the preschool of
ccidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant then m.
Revised Orl14