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HomeMy WebLinkAbout167490 CCS PRESENTATIONS SYSTEMS INC - PURCHASE ORDER - 9145730 (2)PO PURCHASE ORDER 914573er Page City of PURCHASE 9145730 1 of 2 ' `t Collins + This number must appear �I ' 1J on all invoices, packing sli s and labels. Date: 11/20/2014 Vendor: 167490 CCS PRESENTATIONS SYSTEMS INC 700 W MISSISSIPPI A-6 DENVER CO 80223 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 10/02/2014 Buyer: ED BONNETTE Note: PANASONIC PROJECTOR INSTALL (2 UNITS) FOR PFA PER QUOTE #28264 DATED 10/1/14 FROM LENNY MARKO-FRANKS TO ERIC NELSON (PFA I/T). Line Description Quantity UOM Unit Price Extended Ordered Price 2 Shipping Fee Invoice 25248 dated 10123/2014 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 EA 7.91 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and local taxes. Our Exemption Number is 11. NONWAIVER. 9841502. Federal Excise Tax Exemption Cmtifie a of Registry 84-6000587 is regulated with the Collector of Failure of the Puncheon to Must upon wrist performance of the terms and condition hereof failure or delay m Imemal Revenue, Denver, Colorado (Ref. Colorado Revisad Sututa 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 arm payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejacted GOODS REJECTED due to 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 right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon stud performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to My prior or subsequent default hereunder, nor shall any puryoned oral modification oa rescission of this parcbam order by the PurtM1aer operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arivml. hearal Final Acceptance. Receipt of the macbandi.. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependentupancompletionofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretmforenfor good cause and as consideration for executing this purchase order, the Seller hereby assign to the Purchaser My and all claims it may now have or Encomia Freighl Terra. Shipments most h F.O.B., City of Fort Collins, 100 Wood St., Few Collins, CO 80522, unless acquired under federal or state antilzast laws for such overcharges rehiring to the Particular good or smices otherwise specified on this orde, if permission is given to prepay freight and change sensuality, the original freight purchased or acquired by the Norman pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various Vans of the country, shipment is Ifthe Purchaser directs the Sal lens correct nonconfomting or defective goods by a date to be agreed upon by the expected from the nearest dentition.. point to declination, and excess freight will be deducted from Invoice when Fumhae, and the Seller, and the Seller damage, irMiaries its inability or unwillingness to comply, the Purchaser shipments are made from grater disuse. may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all owns associated with such work. Permits. Seller shall procure at sellers sole cost all necessary pennins, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the slam, municipality, territory or political subdivision where The Sella shall release the Purchaser and its mn,.a,. of my tier from all liability Find claims of My nature the work is performed, or required by any other duly coodimmd public mthoriry having jurisdiction over the work resulting from the performance ofsuch work. of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of as assured or established violation of My such laws, regulation, ordiwnces, roles This release shall apply even in den event of fault of negligence of the party relented and shall extend to the and acquittance.. directors, officers and employers ofsuch parry. Authonzaion. All panics to this contract agree that the representatives arc, in fad, bona fide and possess full and complete maim ity to bind sold parties. LIMITATION OF TERMS. This Purchase Order expressly limits ,c,a.F,e In the It. and conditions stated herein set forth and any supplementary or additional arms and conditions annexed Each, or incoryomted herein by reference. Any addirioml or different terns and Modern. proposed by seller am objected to end hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promisdl delivery date as noted. Time is f,ha essence, Delivery and performance must be effected within the time stated on the pmchme order and the documents aturchad hereto. No at of the Purchasers including, without limiation, Familiar- ofpanul Late deliveries, shall operate ss a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and aluitabic remedies, the option ofptacing this order elsewhere and holding the Seller liable far damages. Uowevm the Seller shall not her liable for damages as it Fault of &days due to causes and reasonably foreseeable which are beyond its reasonable act and without its fault of negligence, such acts of God, acts uncivil or military milmntam, bovemmenul amilies, fires, strikes, flood, epidemics, wars m ..Is 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 event of any such delay, the date of delivery shall be extended for the period equal to the time Fomally lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specification, samples Fear, other descriptions given, will he fit far the puryosax intended, and pedbrmed with the highest degree of art and competese in accordance with accepted standard fur work of a i rniar wtme. The Seller agrees to hold the purcba«r harmless from .1 lass, damage or cxpeaw which the Puachaer may straw ism on armMt of the Sellers branch of warmnry. The Sell« shall reply<, repair an make good, without sort to the purchaser, my defects or faults Fusing within one (I) year or within such longer period of time as may be prescribed by law or by the firms of my applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (arequince not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchase shall not oustimte a waiver of my claim wader this warranty. Except as otherwlu provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately coved by the breach of my of the foregoing warrmties in guarantees, but such liability shall in no event include loss ofpmfits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhreer may make changes to legal terms by wri wn change order 5. CHANGES 1N COMMERCIAL TERMS. The Purchaser may make any changes m the lamas, other thin Icga temp, including addnicus to of delaion !men the quantifies originally ordered in the specifications or drawings, by verbal or written change order. If My such change affects the amount due or the time a] performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at My time by wriaen change order, terminate thus agreement a to my or all pmtiorms of the good then not shipped subjm, to my equitable adjmtmmrt htwma the panic as to My work Or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods senator work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect o my goods which are the Sellers smndard stock. No such tarrim-lion shall relieve the Purchaser or the Seller of My of their obligations as to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for Mpwwmt must be asserted within thirty (30) days fur the dale the change or temu 1mars is ordered. 8. COMPLIANCE WITH LAW, The Seller wamenns that all goods sold hereunder shall have been produced. sold, delivered and furnished in stoat compliance with of applicable laws and regulation to which the goods are subject. The Sella shall execute arW deliver such documents as may he required to effad or evidence compliance. All laws and regulations fix,m N to be incorporated in agmMMdU of this chourem, am hereby incoryomted harem by this reforms. The Seller agrees to indemnify and hold the Purchaser bMnlas from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, troufer, or convey this order, me My monies due or to became that hereunder withoul the prior written consent ofthe other party. 10. TITLE. The Seller warrants bill, clear and comestrimed title to the Purchaser for all equipment, materials, and items fiunished in pernommce of dw agreement, free and clew of any and all liens, natmaimus, .,am. security interest mcmnbmnces and claims of others. The Sellers contractual obligation, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Mannar the Seller is required to use my design, deice, material or process covered by letter, patent, trademark or copyright, the Seller adedi indemnify and save harmless the Purrlaaer from My and all claims for infringement by ream. of the use of such patented design, device, material al process in comedion with the contend, and shall ndemnify the Purchaser for my sost, expense of damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said oquipment, or any pan thereof or the intended we of the good, is in such suit held to constitute infringement and the use of said mluiprrenl or pan is joined, the Seller shall, at its own experue and at its option, either procure for the Professor the right to continue using said equipment or part, replare the same with substantially equal but noninGnging ampmenl, or modify it an it bccamo mninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or brim mpt, make an assignment for the benefit of creditors, appoint a receiver of trustee for My of the Sellers propdty or business, this order may forthwith be canttled by the Purchaser without liability. 16. GOVERNING LAW. The definitions affairs, used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be Forrswed under and grvemed by the laws ofthe State of Colorado, USA. The following Additional Canditiom apply only in cases where the Seller is to Perform work hereunder, including the services of Sellers Repreurediva(s), on the p verwas ofoders Il. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellefs own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury W the work and/or materials before Sellers final complelion and acceptance, complete the work at Sellers own asperse and to the satisfaction of the Purchan. When materials and equipment oft fmish d by orders far installation or erection by the Seller, the Seller shall Faeive, mdoad, store and handle same a the site and become responsible therefor, as though such matefials roam equipment were being famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide fur the payment of workers compensation, including occupational disease benefits, to its employees employed on or in cur eavrom with the work covered by this perchau order, aodror to their dependants in accordance with the laws of the state in which the work is to be, done. The Seller shall also carry comprehensive gmend liability including, but not IfmhM W. contractual and automobile public liability insurance with bodily injury and death limiest of at least 5300,000 for my one person, 5500,000 for my one accident and properly damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, m provide fur such compmsmion and insurance. Before My of the Sellers or his contractors employees shall do any work upon the promises of others, the Seller shall famish the Purchaser with a certificate that such compematioa and imumme hale hen provided. Such cenificam, shall specify the date whet such ompnasation and imumnre have hen provided Such«rtifieata shall specifythe doe when such compensation and inumnce expires. The Seller agrees that such compensation not insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury army kind moue whauoeverto person o, property unused by or resulting from the execution afthe work provided for is this purchase order Or in aMection herewith. The Seller will indemnify sand hold hatmlms the Purchaser and My r all of the Purchaurs omcers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or properly to which the Purchnser may be put or subject by reason of My act, action, neglect, omission or default on the pun of the Seller, any of his mntmums. or my of the Sellers or contractors offcers, agents or employers. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, against on employees at my time an seasonal or by reams of my act, action, Mgl«L omission or default of the Sella Of My of his contaadors or my Of it or their officers, agents or employ«, m aforesaid, the Seller bemby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, attomrys fees and other expenses, any and all judgmens that may be incurred by or obtained against the Purchaser or any of its or their officers, agent or employees in such suits or other proceedings, and in case judgment or other lien be placed optical or obmmal against the property *film Patch , an said parties in or ss a Mail i f such suit or Orion proceeding, the Sella will at once wuu the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety preartion, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safely and Health Act of 1970 and all roles and regulation issued pursuant thereto. Revised 07RD14