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HomeMy WebLinkAbout465681 LIFE INSURANCE CO OF NORTH AMERICA - PURCHASE ORDER - 9140017 (2)PURCHASE ORDER PO Number Page City of9140017 ,oft ' `t Collins Olins This number must appear ` 1 1 on all invoices, packing �slips and labels. Date: 11/14/2014 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 Ordered Extended Price 2 Addendum per Req 48527 1 LOT EA 52,000.00 Funds added 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 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 1. COMJ,IERCIALDETAILS. mptins Tax exeo. By statute the City of Fon Collins is exempt man sate and local tuxes. Our Exemption Number is 11. NONWAIVER- 98-01502. Federal Excise Tax Excomma Certificate of Registry 84-6000587 is registered with the Collector 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 Statutes 1973, Chapter 39.26. 114 (a), exaciale any rights or remaie, provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance afar payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due an failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any fight of the damage in Opmi4 may be remora to you for credit and are not to be replaced except upon redpt of wiinen purchaser 10 insist Upon strict pefformartce haeofm any of its rights or remedies as f any such good, regardless instructions from the City of Fort Collins. of when shipped, received or aceryted, m to any prior or subsections default hrreavder, nor shall any purported oral modification or rescission of this purchase unclear by due grandmaster prepare as a waiver of any of Be, temp Impeaion. GOODS are subject to the City of Fort Collins implication an arrival. hereof. Final Acceptance. Raeipt of the merchandise, services or equipment in response to this order ran result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fun Collins. However it is to be understood but FINAL Sella and the Puchuer recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon compinion of all applicable national inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for exam ing this purchase order, the Sella hereby assigns as the Purchaser any and all claims it may now have Or hereafter Freight Terms. Shipments must be ROB., City of Pon Callow, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or slate animal laws for such pvercharges relating to the particular goods or services otherwise specified on this order If permission is given 10 pramy freight and charge separably, the original freight purchased or corpora by the Purch nor pursuant to this purchase order. bill most accompany invoice. Additional charges for puking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where numbormrs have distributing points in variom pans of the country, shipment is If the Praebasa directs the Sella to corat nonconforming of defective goods by a dale to he agreed upon by the expected firm the nmpest distribution point to damnation. and excess freight will W doducta from Invoice when Purchaser and the Sella, end the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greats distance. may .use the work to be performed by the most expeditious means available to it, and the Sella shall pay all cons nominated with such work. Prompt, Seller shall procure at sellers sole cool all necessary, permits, certificates and licenses natural by all applicable laws, regulations, ordinances and mles of the some, municipality, territory or Political subdivision vibes the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to bold the City of Fact Collins harmless from and against all liability and loss incurred by them by reason of an asserted or esabllsha violation of any such laws, regulation, ordinances, roles and requirements. Authorization. All parka m this contract agree that the repleuntativa are, in fact, bons tide had possess full and complete authority an hied said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits accryrance in the terror and condition, annual herein tin forth and any supplementary or addito.l tents and conditions annexes hereto or unincorporated herein by reference. Any additional or different erm and conditions proposed by sells ere objected to and hereby rejera. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date in, noted. rime is ofthe esseare. Driver, and performance most be effected within the time sister on the purchase order and the documents attached hereto. No now of the Purchasers including, without limitation, acceptance of partial late deliveries, shall pool as a waiver of Nis provision. In the event Of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this maker elsewhere and holding the Sella ruble for damages. However, the Seller shall rat be liable for damages m a result of delays due to rouses not reasonably foreseeable which are beyond its reasonable control and without its fault of negligrms, such ors of Ga, uts of civil or miliary xuthonties, govrrmnmtal Prwritia, fires, strikes, Rood, cpidemirs, wars Or riots provided that amice of the conditions causing such delay is given to the Pmrchuer within five (5) days of the time when the Seller first received knowledge therm! In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, movificatiom, samples and/or other descriptions given, will be, fit for the Purposes inlalded, and Performed with the highest degree of care and exampr ace in accordance with arterial standards for work of a similar .tore. The Sella agrees to hold the purchaser harmless from any loss, damage Or expense which Ore Purchaser may suffer or incur on so. of the Sellers breach of warranty. The Seller shall replace, term, or make good, without tun m the purchaser, any defect or faults ansing whom one (1) year or within such longer period of time as may be prcacnba by law or by the tents of any applicable warranty p wiled by the Seller after the date of acceptance of the goods fumishe l hereunder (acceptance not to be unseasonably delayed), resulting from imperial or defective work done or materials f mished by the Seller. Acceptance or use of goods by the Purchaser shall of onstifw a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability herounder shall extend to at I damages proximately caused by the breach of any of the foregoing warranties at guammms, but such Habit iry shall in no event include has 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 may make changes to legal terms by writen change Oder 5. CHANGES IN COMMERCIAL TERMS. The Purchazer may make any changes to the terms, other tan legal repro, including additions to or deletions from the quantilies ongi.11y ordered in the specifications or drawings, by verbal or written change order. If any such change effects the amount due or the time ofperfxi mnee hereunder, an equitable mlju rprad shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the grads be. vat shipped, subject to any emitable adjtt4menl bensom the patties m to any work or materials then in progress provided but the Partial shall riot be liable for any claims for anticipated profs on the uncompleted portion of dae goods and/or work, for incidental or caassummial damages, and that . such adjosment be made in favor of the Seller wish respect to any good which eve the Sellers standard stock. No such termi.dma shall relieve the Pachuca or the Selltt of any of their obligation or to any goods delivered brreunda. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the time the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella wamnts that all good sold hereunder shall have been produced sold delivered and famished in abut compliance with all applicable laws prat regulations in which the goods are total The Seller shall execute and deliver such documents Or may be requited to effect or evidence compliance. All laws and reformation nyaired to be incorporated Or agreements of this character are hereby incorporated harem by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs .d damages suffered by the purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmmfeq or convey this order or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller ouni full, dear and unrahined fide to the Practical for all aryipment, marenalx, and it. fiunisha in performance of this agreement. f and clear of any and all liens, camriom, rornatiom, seari inset mompl rupees sm claims of others. The Seller shall release the Purchaser and its continuous of any tier from all liability and claims of any nature resulting firm the performance ofsuch work This release shall apply even in the event of fault of negligence of the party releases and shall extend to the directors, mMo. and employees of such party. The Sellers mnmr al obligations, including warmtty, shall nor be barred or b, rainier, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller u required to use any design, device, material or process coveral by later, patent, trademark or copyright, the Seller shall indemnify and save harnleas the Purchaser from any and It claims for i fine, mom by reason of the use of such patented design, device, material Or process in connection with the contour, and shall I 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 Be work. In caw said aluipment, or any Fart thereof or the intended tow of the goods, is in such suit held to constitute infringement and the use of mid plainsman or pan is enjoined, the Sella shall, at its own expense and at its option, either proenra for the Purchaser be right no continue using said equipmrnt or from, replace the same with substantially equal but noninfringivg optimums, or modify it w it becomes naninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or barhmpt make an assignment for be Email of cwdimrs, appoint a or trustee for y of the Sellers property or business, this order may forthwith bcaceled e nby the u c Ptan Purchaser without liability. 16. GOVERNING LAW. The clef nitions of terma uses or the interpretation of the agreement and the rights of all parties hereunder shall be commwd anchor aM governed by the laws ofthe Suite ofColomdo, USA. The following AMmo.l Conditions apply only in taus where the Seller is to perform work hereunder, including the services of Sella Repre agative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall any, ov said work at Sellers own risk until the same is fully complaa.it accepted, and shall, in u of any accident, destruction or injury to the work anrE r materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the mismatch of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, upload, stare and handle same at the site and become responsible therefor as though such materials andsor aryip rmat more, being Launched by the Seller coda the order. I S. INSURANCE. The Sella shill, at his own expense, provide for the payment of workers pappeopostions including acupatio.l disease benefits, to in employers employed on or in consectiou with the work covered by this purchase order, unfair to their dependents in accordance with the laws of the slate in which the work is to to done. The Sella shall else any, comprehensive general liability including, but not limited m, contractual and automobile public liability insurance with bodily injury and death limits oral least S300,00d for any one person, $500,000 for any one ccident and property damage limit per accident of $40(1 The Seller shall likewise require his contraors, if may, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of other the Seller shall famish the Purchaser with a ccnificafe that such compensation and insurance have been provided. Such cenlfirom, shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the daze when such compeavaion and immmtce expires. The Seller agrees that such comprmaLion and mount shall be maintained mod after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby.... the entire responsibility and liability for any and all damage, lam or injury of any kind or nature whatsoever to persons or property 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 armless fie Purchaser and any r 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 fir Property 10 which the purchaser may be pm or subject by rmson of any act, action, neglect, omission m default on the part of the Sella, any of his ...Inscmrs, or any of the Seller or cmnmrors olEcers, on. or employees. 1. Once any suit or other proceedings shall he brought against the Pucbma, or its oMO., age.¢ or employees at any time on accoupt or by passe. of any uk action, nnglat omission or dethalt of the Sella of any of his contractors c r my of its or bar officers, agents at employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the tame at the Sellers own expense, W pay any and all costs, charges, moral fees and other expenses, any and all jo igmma that may be incurred by or obtained against the Purchaser many 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 be property ofthe Ppmhma, or said panics in or as a result ofsuch suits or other proceedings, the Sella will at once cause the same to be dissolved and discharge by giving bond or Otherwise. The Seller and his contactors shall take all safety precautions, fumlsh and install all Funds necessary for the prevention of accidents, comply wit all laws but regulations with regard to mfay including, but without limitation, the Occupational Safety and Health Act of 1970 and all pules and regulations issue par want therefor Revised 070014