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Home My WebLink About113278 KONE INC - PURCHASE ORDER - 9147002Fort Collins Date: 11128/2014 Vendor: 113278 KONE INC 3 IVERNESS DR EAST ENGLEWOOD CO 80112-5519 PURCHASE ORDER PO Number I Page 9147002 1of2 This number must appear on all Invoices, packing sli s and labels. Ship To: PARKING SERVICES CITY OF FORT COLLINS 215 N MASON, 1 ST FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 11/28/2014 Buyer: DOUG CLAPP Note: ref. annual contract # 7540 Elevator Service Line Description Quantity UOM Unit Price Extended Ordered Price Repairs to CCOS elevator 1 LOT LS 4,986.00 ref. quote date 11/14/14 reference quote concerning Civic Center parking Car # 2 Contact: Mike Breeze ph# 970-566-7044 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.mm Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 IM11 9Ptf4iC �i[bLLfttiGTl�i Page 3 of 3 I. COMMERCIALDEfAILS. Tax exemptions. By marrow she City of Fort Collins is exempt from mile and local lain. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption, Cmificm, of Registry 84-6000587 u registered with she Collector of Failure of the Purchaser in bass open strict performance of the leans W dMitions hereof, failure or delay to Internal Revenue, Canna, Colorado (Ref. Colorado Rcviud Stzones 1973, Chapter 39-26,114 (a), exercise my rights or remedies provided harem or by law, failure to promptly puffy Be Seller in the event of a breach, the accepmce ofm payment fro goods hereunder, or approval of the design, shall rot release Be Saller or Goods Rejecrd. GOODS REJECTED due to failure m meet spaifations, eithd when shipped or due in defects of my of the warranties or obligations of this purchase alder and shall not be deemed a waiver of my fight of Be damage in mnsil. may h< promised m You for credit and are root To be replaced except upon receipt of werinen Purchaser to insist upon strict Performmn bladder my of its rights or remedies as to my such goods, regardless instructions from the City arrant Collins. of when shipped, received in accepted, as to my prior or subsequent default herecomm, nor shell my puryortcd oral modification or rescission of this purchase other by the Purchaser operate w a waiver of my of the tarts Inspection. GOODS an subject to the City offon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, u is to be understood that FINAL Seller and the Purchaser, recognize Out in mtml a prac is tice, a e alsonfes resulting form antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. violations are in fact home by the purchaser. Therinfore,nfor tgood 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 Iarms. Shipments most be F:O.D., City of Fan Collins, 700 Wood St., Fall Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or seances otherwise specified on this order. If pemtismon is given to prepay, freight and charge separately, the original freight purchased or acquired by the Purchaser pursunnt in this purchax order. bill most accompany invoice. Additional charges for packing will not Ise incepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Me,, manufacturers have distributing Points in various pasta of the country, shipment is If the Purchaser directs the Seller to coned nonconforming or def tide goods by a die to her agreed upon by the expected from fe nearest distribution point to dissimilar, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller feacafer indicates its inability «unwillingness to comply, the Purchase shipments art made from greater dista ce, may muse the work to be par aced by the rest expeditious scans mailable to it, and an Seller shall pay ell costs associated with such work. Permits. Seller shall pmure at sellers sole cost all necessary permits, cerdred. and licenses required by all applicable laws, regulations ordinances and roles off. state, rimmeipaliry, mmomy ar political subdiv¢iw where the work is performed, or required by any other duly dominated public am ramay bovingjudsliction over she work of vend., Seller further agrees m had Be City of Fort Collins harmless from ad against all liability and I. incurred by them by ma. an of an rezoned or established violation of any such laws, regulations, mdin noes, rule and mouitmena. Authorization. All parties to this contact ante that the representatives art, in fact, boom Ede and possess full and on, e e authority to bind said Brion,. LIMITATION OF TERMS, This Purehme Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional mints and conditions annexed hereto or incorporated herein by reference. Any additimal or d0mord terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active as your promised delivery date as noted. Time is of the essence. Delivery and performance must ha effected within he time noted on the puchan order and the documents attached hector No acts of the Purchasers including, without limitation, acceptance ofpmial late deliveries, shall operate as a waiver of this provision. In the event crony delay, fie Pardoner shall have, in addition t. other legal and equitable remedies, fie option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall rot be liable for damages in a result of delays due to causes and reammbly foreseeable which are beyond to ..Me content and without its fault of negligece, such inns of God, rots ofeivil ne military authorities, go.m.1 priorities. fees, strikes, flood, epidemin, wars or fiats provided that notice of the tradition, during such delay, is given to due Purchmer within five (5) days of Be rime when the Sella first received knowledge therof In But event of any soh delay, the date of delivery shall be extended for the period equal to the time actually Imt by reason arm delay. 3. WARRANTY. The Seller warrant that all good, articles, materials and work dvurd by this order will coNhrm with applicable drawings, specifications, nmpin anther other descriptions given, will be fit for the proposes intendaL and performed with fie highest degree of can and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold fie purchaser harmless from any loss, damage or expense which fie Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sells shall replace, repair or make good, without cost to the Purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the toms of any applicable warranty provided by the Seller after the date of acceptance or the goad burnished hereunder (acceptance not to be mo ananbly delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Forehead shall not constitute a waiver of any claim under this wammry. Except w otherwise provided in this purchase order, Be Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wanantin or gm rmovi s, but such liability shall in no event include loss off mNs or loss of tin. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pinhead may mike changes to legal terms by written change code. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes 10 In rertm, afer nhan legal moss, including edditiow to m &[arm- form the quotation originally ordered in the specifications or drawings, by vestal or woman change ormr. If my such change affects fie amount due or the time of adform an a M1ecunde, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinrn change older morrimte this agreement m to my or all portions of the goods fell not shipped, subject to any equitable adjustment betwem the pretax as to any work or materials then in Millman provided That the Purchaser shall or be liable for any claims 1'o, anticipated profits on the uncompleted fusion of the goad and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with reap¢, o any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations m to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be warned within thirty (30) days form the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warranm that all goods sold hereunder shall have been produced sold, delivered cad famished in aid compliance with all applicable laws and regulations in which the good are subject. The Seller shall execute and deliver such documms res may be required to erred or evidence compliance. All Lsws aed regulations required to be ncoryomtd in agreements of this character are hereby iaoryomted herein by this «ferena. The Sella agrees to indemnify and hold the Purchaser Formless from all costs and damages suffered by the Purchaser as, a result of the Seller failure as comply with such law. 9. ASSIGNMENT. Neither party shall assign, printed, or convey this amid, or my monies due or o became due hereander without fe prior wrihen consent of the other Parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to fie Purchmer for all equipment, materiak, and items fm@hed in performance of this imenment fad and clear of any and all liens, restrictions, reservations. samiry interval encumbrances and claims of others. The Seller shall micas, she Purchase and its conmacmes of any tier from all liability and claims of any snore resulting from the perfommc, crunch work. This season shall apply even in fie event of fauh of negligence of fie parry, relean l and shall eabroad to the directors, olBcers and employes rdwoh Mary. The Seller's comneml obligadme, including warranty, shall not be domed to be reduced, in any way, because such work is performed or caused to be performed by the Pardoner. 14. PATENTS. Whenever the Sella is required muse any design, device, material or Flowers covered by loner, parent, trademark or copyright, the Seller shall indemnify it save harmless the Forehand form any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with fie contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement in any time during the prosecution or one, the completion of fie work. In can said equipment, or my pan thereof or The intended use of the goods, is in such suit held to consume infringement and fie use of said egaripmem or pan is enjoined, the Seller shall, at its awn expense and at its option, eifer pmcme for fie Purchaser the right to continue sing said equipment or pans replace the same with substantially equal but ...infringing eq.i,.nl, or mWiy it so it how. mn,inffingin, 15. INSOLVENCY. If fie Seller shall becons insolvent or bankrupt make an assignment for the benefit of crediors, appoint a smaner or puma the my of the Sellers property ar business, this alder may forthwith be nviceled by the Purchase without liability. 16. GOVERNING LAW. The definitions afters used or fie ivteepnNtion of Be egnrnrcnt and fie rights of all panties hermaid shall be construct maker and groomed by fie laws afire State ofColondo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represmtative(s), on the premium orchids. 19. SELLERS RESPONSIBILITY. The Set let 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, desbuctimr or injury to fie work traitor armrials before Settees final completion and acceptance, complete the work at Sella(s own expense and to fie satisfaction of fie Purchaser. When materials and equipment am fumishd by others far installation or erection by the Seller, she Seller shall reserve, unload store and handle same m fie site and become responsible therefor as though such materials andfor a)dpmmt were being fumishd by the Seller order the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including oceupatimal disease benefits, m its employees employed on or in connection with fie work covered by this purchase other, and/or to their dependents in accordane with the laws of the arm in which fie work is or be done. The Seller shall also carry compreheasive Poland liability including, but not limited an. dntransml and mountain public ludidtry imumare with bodily injury add death limim of at lest 5300.0,N) for my are person, 5500,000 for any one incident and property damage limit pr accident of 5400,000. The Seller shall likewise require his exmraeors, if any, an provide for such dmpersatim and numerous. Before any of fe Sellers or box contmetors employees shall do my work upon she premises of others, fie Seller shall famish fie Purchase with a cartificate that such compensation and insurance have been provided Such aci ificater shall specify the date when such compensation and insurance have been provided Such cenificmes shall specify fie done when such compensation and insurance expires. The Seller agrees that such compensation and insurance shill be maintained unfil after fie entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchau order or in connection herewith The Seller will indemnify wit hold harmlen the PmcM1mer and any r all of The Purchasers officers, agents and employees form and agars, any and all claims lasses damages, didgm or expenses, whether direct or indirect, and whether to persons or property to which the Forbearer may be pm or subject by reason of any ad, action, neglect, omission or default on fie part of the Seller, my of h6 convectors, or my of the Sellers or customers officers, agents or employers. In case my suit or other praadill, shall be brought against the Purchmer, or its officers, agents or employers at my time ov udmI or by demon of my act adders, nrdecr, omission or defult of the Seller of my of his corvacors or my or its or their affcers, agms or employees as aforesaid the Seller hereby agrees to empose the defense thereofend as defend the same in she Sellers own exper se, to pay my pull all costs, charges, attorneys fees And other expenses, my and ell judgments char may be maternal by or obtained against the Purchmer ar my of its or thou officers, agents or employees in such suits or other proodlings, and in eau judgmml or order lam be placed upon or obtained against the propery of fie Purchaser, or said Parkes in or as a result of such suits or other p readings, fie Seller will at once cause the same to be dissolved and discharged by giving Ford or ofemse. The Seller and his dntru box shall sake all safety Possession, formals and install all guard vaessary for the pre difim of incidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety arm Health Act of 1970 and all rules and regulations issued pursuant facto. Revised 0IR014