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HomeMy WebLinkAbout536109 TURNING TECHNOLOGIES LLC - PURCHASE ORDER - 9146436Fort Collins Date: 11/04/2014 Vendor: 536109 TURNING TECHNOLOGIES LLC 255 W FEDERAL ST YOUNGSTOWN OH 44503 PURCHASE ORDER PO Number Page 9146436 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 11/04/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price i CLICKER TECHNOLOGY 1 LOT LS 11,400.00 Quote dated 10/29/14 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@fcgov.com Total Pay terms net 30 days Invoice Address: i City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Irchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemption. By statute the City of Fan Collins is exempt from state and local uses. Our Exemption Number is 9801502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Ireful Ravenue, Denve, Colorado (Ref. Colorado Revised Stmutes 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in notsit, may ba re,tmed w you for credit and ate not to be replaced except upon receipt of "lien instructions farm rate City of Fan Collins. Inspection. GOODS are subject to the City of Fan Collin inspection on arrival. Final Acceptance. Receipt of the merchandise, services; or equipment in response to Nis order can result in authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fan Collins, 700 Wood St, Fan Collins, CO 80522, unless otherwise specified an this order. Uparrisuma is given to prepay freight and charge separately, the original freight bill must accamp;my 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 distribution point to destination and excess freight will be deducted Imm Invoice when ahipmm. are made from Room, distance. Pa.,.. Seller scall procure at sellers sale coal all masm,, permit, certificates and licenses required by all applicable laws, regulations, ordinances and ales of she state, municipality, territory or political subdivision where the work is performed, or required by my other duly constimted public authority having junwhation over the work of r.do,. Seller further ngreca to hold me City of Fort Collins hatmlem form mad against all liabil By and lass incurred by them by reason of an asserted or omblisfxd violation of cry such laws, regulations, ordinances, rules and requirements. Authorimtion. All panic to this eonrmer agree that the representatives art, in fact, Now fide and possess full and complete authority to bind said Faris. LIMITATION OF TERMS. This Purchase Order expressly limits maptance w the teems aM conditions stated herein set forth and any supplementary m additional nits and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditons proposal by seller art objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyau cmum make complete shipment m arrive on your, promised delivery late as noted. Time is of the essence. Delivery and pabormna must be effected within the time sorted on the Purchase order and the documents attached hereto. No oars of be Purchasers including, without lintitarion, acceptance of,mial lam deliveries, shall operate as a waiver of This provision, In he even, arm, delay, ,he Purchaser shall have, in addition 1. other legal and equitable remnllw, the option of,hem, this order elsewhere and holding the Seller liable for damages. However, me Seller shall not be Italic fur damages as a mull of delays due to consist not reasonably foreseeable which are beyond is reasonable control and without its fault ofnegligence, such acts of Goal, acts of civil or military authorities, govemmrntal priorities, Gres, takes, flood, epidemics, wars or Hats provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of me time who. the Seller first reccivcd knowledge thereof In the event of any such delay, the date of delivery shall be extended forme period equal to the fine mnally lost by reason oftle, delay. 3. WARRANTY. The Seller warrants that all good, articles, matmala and work covered by this under will conform with applicable drawings, specifications, s cargea and/or other descriptions given, will be fit for the purposes internal, and performed with the highest degree of rare mad eompacme in compliance with accepted standard for work of a similar nature. The Sella agrea to hold me purchaser harmless farm any Ins, damage or expense which the Purchaser may suR r or air. on acceral c f the Sellers breach of.,y. The Seller shall replace, repay or make good, without cost to the purchaser, any defers m fawn arising within one (1) year at within such longer period of time as may be presented by law or by the erns ofaoy applicable warranty provided by the Sella after the dam of acceptance of the goods famished har ands (acceptance not to be unreasonably delayed), resulting farm impart t or defeaim work done or materials Finished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise Provided in this purchase order, me Sellers liabil Ity hereunder shall extend to all damages pmximanly caused by the breach of any of the foregoing wrournes or guarantees, but such liability shall in no event include lass 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 tears by aviation change order. 5. CHANGES IN COMMERCIAL TERMS. The Prochvttr may make any changes to the toms, other than legal mars, including addifiotrs fo or deletions form the quantities originally ordered in the specifications or drawings, by venial or writ change order. If any such change offic s the amount due or the time of,erffir accom hereunder, an equitable Mj.tmem shall be made. 6. TERMINATIONS. The Purchaser may many time by warn change order, rermim a this .,same. ss to any err all portions of the good then Out shipped subject m any equitable adjtwmmt between the lemtioi as to any work or materials than in progress pmvidcd Fiat the Purchaa stall not be liable far any claims for anticipated profits on the uncompleted pinion of the good andfor work, for incident or comrym.tial damages, and shot no such adjustment be made in boor of the Seller arm respect to any lands which art the Sellers sbndord stock. No such mmdrafion shall relieve the Point., or the Seller of any c fineir obligations as to any goods delivered hereunder. 3. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within may (30) days from the late the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods said hereunder shall have been produced, sold, delivered and famished in sine, om,liance with all applicable laws and regulations m which the goods arc 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 ncoryomted in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffbrcd by the Purchaser as a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mansfe, or convey this order, or any monies due or to become due hereunder without the prior woman common ofthe other party. 10. TITLE. The Sella warrants full, clear and ttmearieted fide to the Purchaser for all equipment, materials, raw items fitmiched in performance of this agreement frre and clear of any and all liens, restrictions, raervanam, secunty intent encumbrances and claims c finers 11. NONWAIVER. Failure of she Purchaser to insist upon strict performance of are terms and conditions hereof, failure or delay to any nghs or remedies provided herein or by law, failure a pvnpgy notify the Seller in the event of a breach, the or..now ..for payment for goods beeunder or approval ofee design, shall not release the Sella of any of the ansummies art obligations of this purchase order aM shall not be deemN a waiver of any right of the purchaser to insist upon stria performance haeofor any of its rights or nonedies m to any such gands, regardless of what shipped, critical or accepted, res to any pnor or subsequent default hereunder, nor shall any Imported and modification or rescission of this purchase order, by the Purchaser operate as a waiver of any of she terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Senn and ,he Purchaser recognise that in actual economic practice, overcharges resulting firm antitrust violations are in fan home by the Purchaser. Thereamoun,for good cause and as consideration for extruding mix purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under belong or stem antitrust laws for such overcharges coloring to the panicalar goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct aomonforming or defective goods by a date to be agreed upon by the P... hater and the Seller, and the Seller thereafter indicates its inability or unwillingness w comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all casts associated with such work. The Seller shall coloom the Purchaser end its contractors of any an Bran all liability and claims of any nature resulting from the performance ofsuch work. This repair shall apply even in the event of fault of negligence of rat party released and shall extend to the directors, officers and cmployces ofsuch party. The sences command d obligations, including warranty, shall not be, deemed to Its, reduced, in any way, because such work is performed or ousel to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is requited to me any design, device, material or process covered by loner, patent traderwk Or copyright, the Seller shall indemnify and mve harmless me Purchaser from any and all claims for infringement by reason of the use of such parented design, device, material or process 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 infngemem nt any time daring the prosecution or after the completion of the work. In case said equipment, or any pan thereof art the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right m continue using said equipment or pans, replace the same with substantially Nual but noomfn'nging equipment, or modify it so it becomes naninfdnging. 15. INSOLVENCY. If the Sella shall became insolvent or burtkrupt make an assignment for the Small of creditors, appoint a receiver err tmneo for any of the Sellers pmpmy or business, this maker may forthwith be canceled by the Parclisar without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthee agreement and the rights of all parties hereunder shall be, construed under and governed "a laws of the State of Colorado, USA. The following Additional Cmutrus. apply only to cases where the Seller is to perfotm work hereunder, including rat smices of Sellers ReprtsevmtivHs), on me premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Sellers own risk until the same is fully completed and accepted, and shill, in se of any accident, destruction or injury w me work and/or materials before Sellers Final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and ryuipmem are fumishal by others for installation or creation by the Seller, the Sella shed] receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupmiroal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andror to their dependents in accordance with the laws of me state in which me work is to be done. The Seller shall also may comprehensive general liability including, but not limited to, contractual and automobile public liability imurana with LWily injury and death limits of or Icasr S30ppGo Ibr any cote person, $500,000 for any evident and pmpeny damage limit per accident of 5300,000. The Seller shall likewise require his contrarcours, if any, to provide for such compnmtim and immunise. Before any of me Sellers or his contractors employees shall do any weak upon the premises of others, me Sella shall famish me Purchaser with a certificate Fiat such compensation and imu once have been provided. Such certificates shall specify the due when such compensation and harmonic have been provided. Such anificales shall spmify the date when such mmpenvtion and insuranm expires. The Seller agrees that such compensation and immune shall the, ream uinal until aria me entire work is completed mad accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire nsponsbility and liability for my and all damage, loss at injury ofaoy kind r mare whatsoever to persons or property caused by or multing from me execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchsser mal any cr all of the Pumrs ocen. agand employees from and against y and all claims, losses, damages, baslEents an harges or expenses, whether direct or indirect, and whether to persons or property 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 ontrmtors, or any of the Sellers or contractors officers, agents or cmployces. In cure any suit or other proceedings shall be brought against the Purchase, 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 contractors or any of its or their officers, agents or employees m afnessid, the Seller hereby agrees to assume me defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attomeya fats and other expenses, any and all judgments mat may be incurred by or obtained against the 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 Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once torso the stem to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all aafny precautions, furnish and imull all guards necessary far me prevention of accidents, comply with all laws and regulations with regard to for, including, but witMm limimtion, the Occupational Safety and Health Act of 19T0 and of Tula and regulations issued pusuanl thereto. Revised 07n014