Loading...
HomeMy WebLinkAbout465681 LIFE INSURANCE CO OF NORTH AMERICA - PURCHASE ORDER - 9140016 (2)PO PURCHASE ORDER 914001er Page �.'117f of PURCHASE 40016 t of z ' `t Collinsr his number must appear V " �7 on all invoices, packing sli s and labels. Date: 1111412014 Vendor: 465681 Ship To: HUMAN RESOURCES LIFE INSURANCE CO OF NORTH AMERICA CITY OF FORT COLLINS PO BOX 13701 215 N MASON, 2ND FLOOR PHILADELPHIA PA 19101-3701 FORT COLLINS CO 80524-4408 Delivery Date: 01/03/2014 Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum per req 48526 1 LOT EA 8,000.00 Life insurance 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 �TRNtFti+S�7d[3JIY3�Li,TT[K•TiFRiG]'[I i Page 2 of 2 1. COMMERCIAL DETAI S. Tax exemptions. By state¢ the City of Fort Collins is exempt f state and local taxes. Our Exemption Nuenber is 11. NONWAIVER. 9g4K502. Federal Excise Tax Exemption Castilian, of Registry 84-6000587 is registered with the Collator of Failure of me Puromer m insist upon strict pert of We terms and mnditim, hereof, failure ew delay, to Internal Revenue, Denver, Colorado (Ref Calom& Revised Statutes 1973, Chapter 39-26, 114 (a} aerciee my rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, me accep. ofor payment for goods hereunder or approval of dte design, shall not release to Sella of Goods Rejected. GOODS RMECTED due to failum to mad specifications, either when shipped or due to defects of any of the warranties or obligations of this purehaw order and shall nest be domed a waiver of my right of the damage in tawl, may be reamed to you for credit and arc not to be replaced except upon would of wooden Purchaser to insist upon strict performance hereof., soy i f its rights or remedies ss to any such goads. in wi less insmactims Bom the City of Fon Collins. of when shipped, received or acttpted, res to my prior or subsequent default hereunder, nor shall my purponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on amval. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in 2spome to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pad of the City of Pon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual overcome practice, overcharges resulting from mti.ust ACCEPTANCE is dependent upon completion of all applicable requital inspection p cendures. violations are in but home by the Purchnsa. Timmoom, foar good must and as comidemtion for executing this purchase order, the Sella hereby assigns to the Purchases any and all claims it may sow have or hereafter Freight Train, Shipments most be F.O.B., City of Pon Collins, 700 Woad St, Fort Collins, CO 80522. unless acquired under federal or state amiu st laws for such overcharge relating to the Particular goods o, services otherwise specified on this will Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by fe Pochasa parsumt to this purchase order. bill must accompany, invoice. Additions[ charges for parking will rent be accepted Shipment Distance. Where manufacturers have denibuting points in sodium pans of the country, shipment is expected from the nearest distribution paint to detiarion, and excess freight will be deducted tram Invoice when shipments are made from greater distance. Permits. Sella shall Nature at sellers sole cost all necessary peimies, certificates and licenses required by all applicable laws, regulations, whounces and roles of the state, municipality, territory or Political subdivision where the work is performed, or required by any other duly andostted public authority having jurisdiction over the work of vendor. Seller further agrees m. hold the City of Fiat Collins harmless from and against all liability and loss incurred by them by reason of an seasonal or established violation of any such laws, regulations, ordinances, rates and azrequirements, Authorization. All parties to this contact agree that the representatives are, in fact, bona fide and possess full and complee authority to bind said parries. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein so forth and any supplementary or additional terms and conditions command hereto or interlacement herein by reference. Any additional or different teats and conditions proposed by seller are objected m and bertby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mngr make complete shipment o more oa your pmmitd delivery date as anted. Time is ofthe essence. Delivery and performance must be effected within the lime stated on the purchase order and the documents attached hereto. No was of the Purchasers including, without limitation, acceptance offering but deliveries, shall operate in a waiver of this provision. In the event of any delay, the Purchases shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reamnably foreseeable which arc beyond its remissible control and without its fault of negligence, such cols of God, acts ofcivil or military autboritiu, govemmenml priorities, fires, strikes, flood, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof In the evens of any such delay, the date of delivery shall be extended fur the period equal to the time annually lost by reason of the delay. 3. WARRANTY. The Sella warrants that up good, aides, materials road work covered by this order will conform with applicable drawings, specifications, samples andror other descriptions given, will be fit for the purposes intended, and perfom ml with the hippest degree of are and competence in accordance wish accepted smndrd fro work of a similar aware. The Seller agrees to hold the purchaser harmless from my loss, damage or expent which flaw Purchase may sufferer human acmuos of the Sella breach of warranty. The Sella shall replace, repair or make good, without can to the purchaser, my defects in faults arising within one (1) year m within such longer printed of time as nay be prescribed by law or by the toms ofmy applicable warearr y provided by the Sella after the date of acceptance of the goods mashed hereunder (acceptance not to be umeamably debyed), resulting farm imperfect or defective work done or materials fmished by the Seller. Acceptance or use of goods by the Pumbsser shall not anstitem a waiver of my claim under this warranty. Except as otherwise provided m this purchase order, ac Sellers liability hereunder shall extend to all damages Proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of probes m loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CI IANGES IN LEGAL TERMS. The Prudent, may make changes to legal terms by sinned change mill 5. CHANGES IN COMMERCW TERMS. The Purchaser may make my changes m the terms, other than legal terms, including additions to or delerions fro the qumtitiaoriginally metal in the specifications or drawings, by verbal or written change order. If my such change affects the —own due or the time of perfommnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchases may at my time by women change order, terminate this agreement as b my or all potions of the goods then not shipped, subject to any equitable w1junmmt bctwxen the parties as to any work or materials then in progress provided that the Pursha er shall rot be liable for my claims for anticipated profs on the uncompleted Portion ofthe good =char work, for incidental or consequential damages, and Nat no such adjustment be made in favor of ere Seller with raps, to my goad which arc the Sellers woodurd stock. No such tetmiati m shall rcllee the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or Iemrination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and famished in strict ompliance with all applicable bws and regulations in which the good are subject The Seller shall execute and deliver such documents as nay be required m effect or evidence compliance. All laws and regulations acquired ro be incorporated in agreements of this character art hereby incorporated herein by this reference. The Sella agree to indemnify and hold the Purchaser harmless from all costs wad damages sunned by the Purchase, is a recto of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party, shall assign, tmafer, or tensay this order, or my monies due or m become due hereunder without the prior written consent of fe ofor party. 10. TITLE. The Seller woman full, clear and unresfcted title to the Purchaser for all equipment, materials, and items famished n performance of this agreement, hie and cloor of any and all liens, restrictions reservations, mount, intans, encumbrance and claims afothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ife Purchaser direcn the Sella to correct oomminf ing or defective good by a date to be agreed upon by the Punctuator and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may scut the work to be perfomtW by the most expeditions means available to it, and the Seller shall pay all costs nominated with such work. The Seller shall release the Purchaser and its contactors of my no from all liability and claims of any came, resulting from the pafmmmce of such work. This relent shall apply even in the event of fault of negligence of the party rebaed and shall extend ro the directors, affairs and employees ofsuch party. The Sellers commetual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchases. 14. PATENTS. Whence, the Sella is required to not my design, device, material or process covered by loner, parrot trademark or copyright, the Seller shall indemnify anal save harmless the Purchues farm my and all claims for infringement by resod of the use of such patented design, device, mmmal or process in connection with the contran, and shall indemnify the Purchaser for my coal, expense or damage which it may be obliged to Pay by reason of such infr-vgemem at my time during the prosecution or after the completion of the work. In cost said equipment, or any pm thereof or the intended use of the goods, is in such suit held to comtinute infnngemem and the use of said equipmenr or For is enjoined, the Seller shall, at its own apanc and al its option, either pmcore for to Purchaser the right to continue using said equipment or Two, replace the same wit substantially qm1 but nartinfr riging equipment, or modify it so it becomes... immerging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers properly or business, this other may forthwith be canceled by the Pmchaer without livability. 16. GOVERNING LAW. The definitions .Fri. used err the interpretation ofthe agreement and the rights of all parties hereunder shall be consumed under and Rumored by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is in pert weak hereunder, including the service, ofSelless Rxprountative(sk on the premi m of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said weak at Sellers owes risk and the same is fully completed and accepted, and shall, in rase of my accident, destruction or injury m the work teacher materials before Sellers final completion and acceptance, complete the work at Sellers awn expose and to the satisfaction of thin Purchaser. When mammals and equipment are famished by others for installation or con. n by the Sella, the Sella shall carry, mlmd store and handle same at the site and became responsible therefor as though such materials anchor glop. wens being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment uproarious compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anchor ro their dependerm in accordance with the laws of she stare in which the work is to be claim. The Seller shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liability moment with bodily injury and death limits of at least 5300,000 for my one person, $500,000 for my accident anal property damage limit per accident of 5400,000. The Seller shall likewise regain his contractors, if-, to provide far such compeamion and insummc. Before my of the Sellers m his rov .. employees shall do my weak upon the pmnisrs of others, the Seller shell f ish the Purchaser with a certifieae Nat such mmpanation end insurance have been provided. Such certifimra shall specify the date when such compensation and isswmmr ha in ban pe.vided. Such certificares shall specify the date when such compensation and insusaace expire. The Sella agrees that such compensation rant announce shall be maintained until after the .are work is completed m dretained. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility, and liability for my and all damage, lass or injury ofany kind or nature whatsoever to persons or properly caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expires, whether direct or inducer, and whether to persons or property to which the Purchases may be put or subject by reason of my List, action, neglect, omission or default on the pm of the Sella, vary of his contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other pmceMings shall be brought against the Purchaser, or its officers, agents or employees at my time on accoum or by reason of any act, action, neglect, omission m default of the Seller of my of his contractors or my of its or their officers, .gents or employees as draressid, the Seller hereby egrtes to assume the &to. therrof and t. defend the same at the Sellers own expense, to pay my and all costs, charges, attmtteys fees and other expenses, my and all judgments that may be igrrrad by or blamed against the Pochaur or my of its or flan oRcers, Vent or employees in such suits or other proceMings, and in case judgment or other lien be pbeed upon or, obtained against the property of fe, Purchaser. cr said panies in or as, a result of such suits or other proceedings, the Sella will as once rout the more to be dissolved and discharged by giving bond or ofmvite. The Sella and his c.nnumrs shall take all safety precautions, famish and issmll all guards necessary fw the prevention of accidents, comply with all lawn ad regulations with regard to safety including, bus, without limitation, tea Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant them.. Revised (Gable