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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9146675Fort Collins Date: 11/14/2014 Vendor: 102552 C S U CASHIER'S OFFICE 6015 CAMPUS DELIVERY 118 LORY STUDENT CENTER FORT COLLINS CO 80523-6015 PURCHASE ORDER PO Number Page 9146675 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 11/14/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Testing July -Sept 2014 1 LOT LS 2,000.00 Inv. dated November 3, 2014 2 Testing July -Sept 2014 1 LOT LS Inv. dated November 3, 2014 Pay terms net 30 days Invoice Address: 8,985.00 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMEERCIALDETAH.S. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Fedefnl Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Colleclm of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised SUusles 1973, Chapter 39-26, 114 (a), exercise any fights or remediee provided heroin or by law, failme to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Gaols Rejected. GOODS REJECTED due to failure to men specifwtaxees, either when shipped or due so defects of any of fe wamar tars or obligations of this purchase order and shall not be directed a waiver of any right of the damage to fromit, Only be rimed to you far credit and are not to be replaced except upon receipt of waium pumhawr to insist upon strict performance hereofor any of its rights or remedies as to any such good, regardless irsuuctions fora fie City ofFm t Collins. of when shipped, received or acepted, as to any prior or subssquent default hereunder, am shall any p upward card modification or rescission of this purchase order by fie Purchase operate as a waiver of any of the terms Inspection. GOODS art subject to the City of Fort Collins impection on artival. hereof. Final Acceptance. Receipt of the memhmdiw, services or equipment in response to fis older can mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the an Of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchase recognize that in actual economic practice, o well ga resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and u consideration for executing this purchase older, the Seller hereby resigns to the Pumhaser any and all claims it may now have or hereafter Freight Terms. Shipments mart be F.O.B., City of ran Collins, 700 Wood St., Tom Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharge relating to the particular goods or services otherwise specified oa this order. If pemaission is given to prepay freight and charge separately, the original freight purchowd or acquired byte Pumhicampursumno this purchase order. bill most accompany invoice. Additional charges for packing, wit] not be command. Shipment Distance. Where manufacturers have distributing points in various pans of fie country, shipment is apecled from the nearest dsribu com good to destinstion, and excess fight will be deducted firm Invoice when shipments are made from gmamer disfvce. Permits. Sella shall procure at sellers sole cast ell necessery pe.in, certifiearas and licenses required by all applicable laws, regulations, amlinances and rules of the note, municipality, tenifry or political subdivision where the work is performed, or required by any other duly consulatnd public suthonry having jurisdiction over he work of vacation. Seller further agrees to hold the City of Pon Collim harmless from and against all liability and loss incurred by them by reason of an aasened or established violation of any such laws, regulations, oldlnavcer, roles and requirements. Authorization. All panic to this roatract agree that the repressntativez ari in fack bear, fide and possess full and complete authordy tar bind said panic. LIMITATION OF TERMS. This Purchase Older expressly limits aumptanwe IU fie da. and conditions sited herein set form and any supplementary or affirm) team and conditions mmexed hereto or incorporated herein by reference, Any additional or diRaem ems and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dale as noted. Time is of the tissues. Delivery and performance must be elTecfd within the time stated on me purchase order and the documents attached hereto. No acts of the Purchasers including, without limicams, acceptance of paaial Imo delivena, shall opmre as a waive of this Provision. In the event artery delay, the Purchaser shall have, in addition to other legal and equitable remedies, she option ofphwing this Order elsewhere and holding me Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, Gros, strikes, Rood, epidemics, wan or Has provided mat notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall he extended for me period equal to the time actually Last by reason of she delay. 3. WARRANTY. The Seller wemnts cast all good, articles, mmerials and work covered by this order will conform with applicable drawings, specifications, samplas and/or other descriptions given, will be fit for the purposes Wended, and performed with me highest degree of care and competence to comodarce with accepted weadrds for work of a similar native. The Seller agrees to hold the pumhaser hamdess from any lass, damage or expense which me Purchaser may suf i or incur on account ofthe Sellers breach of wamnty. The Sellershall replace, repair or make good, without cost to the punchauc any defects or faults arising within one (1) rear or within such longer period of Lima as may be prescribed by law or by the terms Of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayW), resulting from imperfect or defective work don, or materials famished by me Seller. Acceptance or use, of goods by the Purchase shall not constitute a waiver of any claim oNer this warranty. Emeriti as otherwise provided in this purchase maker, me Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of me, foregoing warranties or guamateca, but such liability shall to an event include loss ofprefits or 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 to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me terms. other than legal terms, including udditions to or deletions frown the quantities originally ordered in Ne specifications or drawings, by verbal or women change order. If any such change affects the amount due or the now of peat arcs heetudee. On equitable adjttamenr slid be made. 6. TERMINATIONS, The Purchaser may at any time by wtiuen change order, terminate thus agreement as to any or ell po rams of the goods then not shipped, wbjem to any quiable adjustment berween me Panics m on my walk or mammals then in progress provided ram the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion cribs goads aniVor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such wori ation shall relieve the Purchaser or the Seller of any ofiber, obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within thins (30) days from fro dal the charge or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Ohm all goods sold hereunder shall hive been produced, sold, delivered and famished in saint compliance with all applicable laws and regulations f which the goods are subject. The Seller shall execute and deliver such documents m may be required to eRecl or evidence compliance. All laws and regulations required to be inco"cuted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamles from all casts and damages surfaced by the Purchaser ex a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey fis older, or any monies due or to become due hereunder without the prior wrirea m aesent of the oNer panty. 10. TITLE. The Seller 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, restrictiom, reservations, mci my interest encumbraums and claims af.thers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If fla Purchaser dimma the Seller Ins [tarred nanronfonam, or defective road by a calf to be, agreed upon by fie Porchuer and the Seller, and me Seller thereafter indicates its inability or unwillingness to comply, the Pearchuer may cause the work to M perfarmW by me most expeditious means available to it, and the Seller ahall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any for from all liability and claims of any nature resulting form the prK rmanm of such work. This release shall apply even in me event of fault of negligence of the party relauM and shall extend to the directors, officers and employees of such may. The Sellers con,... obligations, including wermly, shall cot be deemed to b, rMaed, in any way, because such work is performed or caused to be performed by the Pomhasa. 14. PATENTS. Whenever the Seller is required in use any design, device, material or process covered by lever, parent, aadentark or copyright, the Seller shall indemnify and save hamfess he Purchaser form any and all claims for infdngemem by reason of the use of such patented design, device, material or process in connection wins 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 me work. In case said equipment, or any pea thereof or the intended use of the good, is in such suit held to comtimf infringement and me use of said equipment or pan u enjoined, the Sella shall, et its own axpenu and at its option, either procure for fe Purchase the fight to continue using said equipment or pats, replace the same with substantially equal but nomfifnnging equipment, or modify it so it Incomes noninfring e,- 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make m assignment for the benefit of creditors, appoint a recover or trustee for any of the Sellers property or business, this alder may forthwith be canceled by the Pmchazer without liability. 16. GOVERNING LAW. The definitions of farm used err me macrocosm. of the ageement and the rights of all penis hmtmder shall be exmuued adder and gm c and "a Laws ifthe Stale of Colorado, USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder, including the services of Sellers Representatives), on the premiss of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Sellers fire) completion and acceptance, complete the work at Sellers own expense and m the satisfaction of the, Purchaser. When materials and eqdptnend ant Branched by omers for installation or erection by me Stela, the Seller shall receive, unload store and handle same at me site and beam. rtspomible, maefm as though such nafrials and/or cquipmemd were being frrmishcd by the Seller under the oNer. IS. INSURANCE. The Seller shall, at has own expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed an or in connection with the work covered by fds purchase oMe,, and/or to their dependents in accordance with the laws of the auto in which the work is to be done. The Seller shall also carry comprehensive grneml liability including. but not limited to, contractual and automobile public liability insurance with beadily injury and death limits of at least S300,000 for any one person, $500,000 for any one accident and property damage limit Per accident of S400,000. The Seller shall likewise engine has contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his aluminum employees shall do any work upon the pnemse; of afen, the Seller shall f ish me Purchaser with a cam ifear thal such compensation and insurance love been provided Such cenifcata shall specify the daze when such compensation and imurnner have been provided. Such e,ttificates shall specify mt date when such compensation and insurance expire. The Seller agrees that such compensation and announce shall be maotained until after the entice work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility pad liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting form the execution of the work provided for in this purchase at or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of me pachasers oRiesrs, agrees and employees from and against any and all claims, losses, damages, ,barges or expenses, whether direct or indirsL and whether to persons or property to which the Purchaser may M at or subject by nwson of any at, action, neglect, omission or &fault on the pea of the Seller, any ref his comm�ors, or any of the Sellers or contractors officers, agents or mployma. In cos, any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at any time an acotua or by reason of any rat, action, neglect, omission or default of he Seller of any of his connectors 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 mum expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments quit may be mcurM by or obtained against me Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon o obumM against the propy ertofine Purchaser, or said parties in or as a result of such suits or other proceeding' the Seller will at once come the same an be dissolved and &aftlargN by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, finish aid ostall all guaad necessary for the pra'iion of accidents, comply with all laws and regulations with regard to safety including, but without Emission, me Occupational Safety and Health Ad of 1970 and all rules and acgtda ions issued most not dame, Revised 09I2014