Loading...
HomeMy WebLinkAbout124858 FRONTIER PRECISION INC - PURCHASE ORDER - 9146532Fort Collins Date: 11/07/2014 Vendor: 124858 FRONTIER PRECISION INC 5480 W 60TH AVE UNIT A ARVADA CO 80003 PURCHASE ORDER PO Number Page 9146532 10f2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 11/06/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I GPS Data Collector - TSC3 Per Quote #102214CFCTSC3 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, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 1 LOT LS 6,750.00 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 I. COMMERCIAL DETAIM. Tax exemptions. By statute the City of Fort Collins is exempt from state and local axes. Our Exemption Number is 11. NONWANER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe Terms and conditions hereof, failure or delay, m Internal Revenue, Denver Colorado (Ref. Call .mdo Revised Stases 1973, Chapter 39-26, 114 (a) exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a branch, the acceptance Ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to damets of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed o you for coedit and are not to be replaced except upon receipt of written Purchaser w insist upon strict performance haleofor any arms rights or remedies res to any such goods, regardless instructions most the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, am shall any pmyorted oral modification or era anion of this purchase order by the Purchaser op ore as a waiver of any of the teem Impaction. GOODS are subject to the City of Fort Collins irmpecdon on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or alolpmmt in response m this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of The City of Fon Collins. However, it is in be understood that FINAL Seller and the Purchaser recognize that in actual tt uric practice, Overcharges reading fmm antitrust ACCEPTANCE is depended upon completion of al I applicable required inspection oc procedures. violations are in fact home by the Purchaser, Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be FOR, City of From Collins, 700 Wood St., Tom 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 invoice. Additional cMrges for packing will not be accepted. Shipment Distance. Whet, manufacturers have distributing points in varicaus Was of the country, shipment is expected from the neatest distributions point to destination, end excess freight will the attended from Invite when shipments arc made from greater devoted. Permits. Seller shall procure at sellers sale cost all necessary permits, certificate and licenses required by all applicable lave, regnlmions, crdiwomes and roles of the state, municipality, mrimry or political subdivision where the work is performed, or required by any other Only constituted public authority havingjoriss iction over the work of vendor. Seller further agrees to hold the City of Pan Collins harmless fmm and against all liability and loss red by Them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles incurred nd requirements. Anthovndon. AO panics to this of. agree that The mirror alive are. N fact. boas fide and possess fall and complete authority to bind said pants. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the teem and conditions stated herein set forth and any supplementary or additional tests and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rgWcd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to amve on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on The purchase order and the documents attached herein. No aces of the Purchasers including, without limitation, acceptance of patul late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Intchuer shall have, in addition to other legal and equmbk remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages is, a result of delays due to causes not personably foreseeable which am beyond its reasonable central and without its fault of negligence, such ace of God, acts of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof, In the event of any such delay, the time of delivary shall be extended for The period equal to the time answHy lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, article, rwtttials unit work covered by This order will confirm wim applicable drawings, specifications, samples slrNor other descriptions given, will b, Fit for the purposes Ndeaded, wed performed wild The highest degree of care and competence in acmName, with accepted standards for work of is annular whire. The Seller age. to hold the purchaser hannkss from any loss, damage or expense which the Pumhwer may suffer or incur as account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects Or faults arising within one (I) year or within such longer period of time as maybe prescribed by law w by the terms nfany rpplicable warranty provided by the Seller after the time of weptance of the goods famished hereunder (acceptance not te, be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Forehand shall not omtimte a waiver ofany claim under This warranty. Except as otherwise provided in this pounds, order, the Shcca liability hereunder shall extend to all damages proximately nosed by the breach of my of the foregoing warrantica or guaantees, but such liability shall N no event include loss ofpmfits or loss of tee. 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 wnnen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser teem, may make any changes m the terms, other than legal including additions to or deletions tiara tit quantities origirmlly ordered in The specifications or drawings, by verbal or written change order. If any such change affects the amount due w the time ofperfoemance henunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Porchoser may at any time by wnnen change Order, terminate this agreement as to any or all poniom of The goods then not shipped subject to any equitable adjustment between the parties as to any work or mmmals then m Fingers; provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ponion of the goads and/or work, for incidental or consequential damage, and that no such adjustment be made in favor Tithe Seller with ridged to any goods which ore the Sellers standaM stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asserted within thlrry, (30) days from the dal[ the change or termination is .ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which The goods are subject. The Seller shall execute and deliver such documents To, may be required to effect or evidence compliance. All laws and regulations required to he ncor ommed in agreements of this character me, hereby incorporated herein by this refereace. The Seller agrees to indemnify and hold the Purchaser Iamdess from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall rssil. transfer, or activity Nis maker, or any monies due or To became due hereunder without the prior wrinm rommt i fThc other perry. 10. TITLE, The Seller warrants full, clear and committed itted title to the Purchaet for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. acquired under federal or state antitmst laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iftice Purchaser directs the Seller to roared nonconforming or defective goads by a date to be agreed upon by the Purcham and the Sells and the Seller thermRer indicates its inability Or unwillingnessto comply, the Porchucr may cause The work to be performed by the most expeditions means available to it, and the Seller shall pay all costs assadmad with such work. The Seller shall relmse the Purchaser and its contrmmrs of any tier fiom all liabiliry and claims of any nnturc resulting from the pdf rmanc , Mmesh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offcers and employees of such parry. The Sellers mntaaual obligations, including warranty, shall not be debuted to be reduced, in any way, bccaroe such work is perforated or wood To be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to we any deign, device, material or process covered by lever, plant, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form 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 infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constiNte 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 to continue using said equipment or Owns, replace the same with substantially equal but mninfringing equipment.or modify it so it becomes nowaftim ing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or notice 1'or any Of the Sellers property w business, this ardor may forthwith be danwlel by the Purchaser wilhom liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement mad the rights of all ponies hereunder shall h common under and governed by the laws ofthe State ofCalomdo, USA. The following Additional Conditions apply only in caws where the Seller is to perform wok hereunder, includingNe services of Sellm R"wenmtive(s), on the premises ofothads. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work m Seller's awn oak until the same is fully completed and accepted, and shall, in case of any accident, destmclion or injury to the work mNor materials before Seller's final completion and mceptance, complete tier work a1 Sellers Two expense and to The satisfaction of The Purchaser. When materials aM equipment arc famished by offers for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become reapomible therefor w though such materials mNor equipment were being famished by the Seller under The order. 19. INSURANCE. The Seller shall, at has own expense, p rmide for the payment of workers compensation, including occupational disease benefits, m its employees emplayed on o1 in connection with the work covered by Ws purchase order, ondor to their dependents in accordance with the laws of the stale in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, Communard and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, SS W,oun fur any one accident and pmpedy damage limit per accident of S40QI100. The Seller shall likewise require his contractors, if any, no provide fir such compensation and ins md, Bef any of the Sellers or his contracmrs employees shall des any work upon the premlsa of oThers, The Seller shall ficandish the Parcbaur with is cenircate That such compensation and insurance have ban provided. Such certificate shot] specify the date when such compensation find imnrence have been provided. Such candidates shall specify the date when such campmsaeon and insurance expires. The Seller agrees That such compensation and imamnce shall be =a ram until after the entire work is completed and mceded. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msumo the entire mspomibilay and liability for any and all d sage, loss ar injury ofany kind or mere whatsoever to persons or property tamed by or resulting from the execution of the wok provided for in this purchase order or w connection herewith. The Seller will indetruufy and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether TO persons or property to which the Portland, may be put or subject by reason of any act, action, neglect, omission or default on the putt of the Seller, any of has ommodon, or any of the Shcers car cagarabote, omcers, agents mr employees. In ease any suit w other proceedings shall be brought against the Putnam, or its officers, agents or employees at any fine on aessom or by reason of any act, action, neglect, omission or default ofthe Seller nfany of his contractors 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 same at the Sellers own expense, to pay my and all costs, charges, aromeys fees and other expenses, any and all judgments that 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 him be placed upon or obtained against The property, ofthe purchaser, w said parties as 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 hob orothewise. The Seller and his contractors shall make all safety prxeetiom, famish wed'mmtall all gas ruecssvy for The prevention of accidents, comply with all laws and regulations with regard TO safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all roles and regulations issued pursuant thereto. Revised 07R014