Loading...
HomeMy WebLinkAbout525719 XEROX FINANCIAL SERVICES - PURCHASE ORDER - 3214419PO PURCHASE ORDER 321441 Number Page City of PURCHASE 4419 1 of 3 ' `t Collins/ his number must appear .I 1 /�7 on all invoices, packing sli s and labels. Date: 12/04/2014 Vendor: 525719 Ship To: ELECTRIC UTILITIES XEROX FINANCIAL SERVICES CITY OF FORT COLLINS Contract #020-0014865-001 700 WOOD ST PO BOX 202882 FORT COLLINS CO 80521 DALLAS TX 75320-2882 Delivery Date: 09/17/2014 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 206270 1 LOT LS 159.09 Copier Rental 09/08 - 10/07 2 206270 1 LOT LS 25.00 Late Fees - September Due Date 3 196726 1 LOT LS 159.09 Copier Rental 8/08 - 09/07 4 196726 1 LOT LS 25.00 Late Fees - June Due Date 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 PO PURCHASE ORDER 321441er Page C117f Of 3214419 2 of 3 F6r} his number must appear ,y`�_J`'' ` Collins1 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 5 196726 1 LOT LS 25.00 Late Fees - July Due Date 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 Total Pay terms net 30 days Invoice Address: 18 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 L COMMERCIAL DETAILS. Tax excmptiom. By sodium the City of Fort Collins is exempt from state and local tame. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of Intctreal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goode ft joeted. GOODS REJECTED due or failure or meet specifications, either when shipped or due to defects of damage in transit may be resumed to you for credit and art not m be replaced except upon receipt of written imtructions from the City affront Collins. Inspection. GOODS are subject to the City of Fort Collins impection on arrival. Final Acceptance. Receipt of the merchandise, service or equipment in response to this order can result in authorized payment an the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Woad St., Fort Collins, CO 80522. unless otherwise specified on this arder. Ifpermission is given to prepay freight and charge sepamtely, the original fight bill must accomoanv invoice. Additional charee for nuking will not be uaemed. Shipment Distance. Where manufacturers have distributing points in carious pans of the country, shipment is canceled from the named distribution paint to destination, and excess freight will be, deducted from Invoice when shipments are made from greaser durance. Permits. Seller shall procure an sellers sole cost all ueesury permit, certificates and licema required by rill applicable laws, regulations, mdwnces and rala of the sttq municipality, currenry, or political subdivision where the work is performed, or required by any other duly armaimted public authority havingjuriediction over the work of vendor. Sella father agrees to hold Net City of Fort Collins harmless from and manirwt all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations, on inances, miles and cantonment. Authorization All parties to this contract agree that the reprcsentallves are, in fact, bona fide and possess full and complete authority m bind said ponies. LIM ITA'I]ON OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Such and any supplementary or additional terms and conditions annexed hereto or incorporated herein by ,f arm. Any additional or ddlerenuereas and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive on your promised delivery date as noted. Time is of the wane. Delivery and pafommwe must he of vred within the time stated on the purehase order and the documents attached hereto. No acts of the Purchasers including, without limitation, arre,x a ofpanial late deliveries, shall operate as a waiver of this provision. In the evens i f any delay, the Purckoe shall have, in addition or other legal and equiable remedies, the option of placing this order elsewhere and holding the Sella liable for dunaga. However, the Salle, shall rot be liable for damage as a result of delays due or masses not reamrubly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts ofGd, acts ofcivil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchmer 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 actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descripriom given, will be ft for the proposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar reduce. The Sella agrees in hold the purchaser hamixis from any loss, damage or expense which the Purchmer may suffer or incur on account of the Sellers breach of wmmnty. The Sella shall replace, repair or make good, without cost to the purcba er, any defects or faults arising within cane (I) your or within such longer period of time as maybe presented by law or by the rcmu of any applicable womnry provided by the Sella ofter the date of acceptance of the good f ished hereon la (aceptance not to be unseasonably delayed), resulting ft= imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by dim Purchaser shall nod constitute a waiver of any claim order this warranty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately camel by fee breach of any of the foregoing wamntics or guarantors, but such liability shall in an event include loss of prefer or less of eau. 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 the hours, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change ofder. If any such change enacts the amount due or the time oTaf or ance hereunder, an equitable adjastinum shall be made. 6. TERMINATIONS. The Purchaser may at any time by wdtrea change order, terminate this agreement as to any or all portions of the goods then not shipped, subject m any equitable adjustment between the parties as to any work or materials then in Frailness provided that the Purchaser shall not be liable for any claims for murpa,d Prefix on the uncompleted portion of the good and/or work, for incidental our coniquential damages, and thin nor such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stork. No such temtirution shall relieve He Purchaser or the Seller affinity of their addition.. as m any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for djmtram armal he teesmed within thirty (30) don from the data the change or ,rmirutian t ordered. 8. COMPLIANCE WITH LAW. The Sella wertant used all good sold hereunder shall have ban produced, sold, delivered and furnished in rand compliance with all applicable laws and regulations to which the good are subjmr. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncoryormed in agreement of this character are hereby incorporated herein by this reftrera. The Seller .,,as to indemnify and hold the Purchaser harmless 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, [mnsfeo or convey this order, or any carries due or to become due hereunder without the prior writer cement of the other party. 10, TITLE. The Seller warrant full, clear and commanded title he the Purchmer for all equipment, materials, trial items furnished in performance of this agreement fee and clear of any and all has, ratnctiom, resmatiom, security imeraf eacumbr unw. and claims of.ficas. 11. NONWAIVER. Failure of the Purchaser at insist upon strict pefomatue of the hors it comitiors hetmf, failure or delay to examise any rights or remedies Focused herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance of or paymem for goods hereunder or approval of the design, shall not relcam the Sella of any of the warranties or obligations of this purchase order and shall rat be deemed a waiver of any right of the purchaser to insist upon strict performance hero for any of its rights or remedies as or any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpsa d oral modification or rescouioa of this purchase order by the Purchesa operate as a waiver of any of the rams haeof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antiarmt violations are in fact home by the Purchaser. Theretofore for good 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 acquired under federal or state antitrust laws for such evachmges relating or the Fomenter goods or service Purchased or acquired by five Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dinar the Sella to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Sella hereafter indicates its imbdun, or unwillingness to comply. the Porchasa may ruse the work in be performed by the rest expeditioas means available to it, and the Sella shall pay all curs acwciaded with such work. The Sella shall release the Purchase and its contractors of any tier from all liability and claims of any mum resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, affairs and employees ofsuch pony. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because seers work is performed or caused m be performed by she Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or prooax covered by letter, paten, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser four any and all claims for inlHngemem by ma on of the use of such purled design, device, material or process in formation with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged to pay by recom of such infringement at any time during the Formation or a0er the completion of fire work. In case said equipment, or nay pan thereof or the intended use of the goods, is in such mit held to mmtimho infic,anem and the use of said equipment a per is rnjoia d, the Seller shall, err its own apense and at its option, either procure for the Purchaser the right to caminue using said equipment a pans, replace the same with sabdominally equal but noninfriWing equipment, or modify it so it becomes noninfnti ff,. 15. INSOLVENCY. If the Sella shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or msstce for any of the Sellers progeny or business, this order easy forthwith he canceled by the Pumhaser without liability. 16. GOVERNING LAW. The definitions of terms used or the inderpremlion ofthe agreement and the rights of all panics hereunder shall be onstried under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers R mxamivr(s),oathepremiseofofc- IT. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction a injury to Ore work reactor materials before Sellers foul completion and acceptance, complete the work at Sellers own expeme and to the intimater of the Purchmer. When matmat and equipment are furnished by others for moralistic. or erecttire a ion by the Sella, e Sella shall tcive, unload, store and handl e same at the site and become responsible therefor as though such materials and/or equipment were being famishd by the Sella "a doe other. 18. INSURANCE. The Sella shall, err his own expense, provide for the payment of workers compewation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anctor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry camprehensia, general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500.000 for any arm ccident and property damage limit per accident of S40Q000. The Seller shall likewise require his contractors, if any, m provide fir such compensation and insurance. Before any of the Sellers or his amowbus employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificate shall specify the date when such compensation and insurance have been provided. Such cenificata shall specifythe date when such compensation and insurance expire. The Seller egma that such compensation and insurance shall be maintained until afar the entire work is complete end accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assume the exam, mr onsibiliy and liability for any and all damage, loss or injury of any kind or ratan whatsoever to persons or property, accord by or resulting Isom the execution of the work provided for to this purchase order ar in connection herewith. The Seller will indemnify and Imid harmless the Purchaser and any or all of the Purchasers officers, agents and empleyas from end against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whither m persons or property ro which the Pe chaser may be, put or subject by rexmn of any act, action, radial, omission a default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought Wainer the PurcRver, or its officers, agents or employees at any time an recount or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agent or employers as ofo,mid, the Sella hereby agrees m assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgment that may be incurred by or obtained against the Purchaser or any of it or their officers, agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained again, the property of floe Purchmer, or said patties in or to a result ofsuch suit or other proceedings, the Seller will at once taro the same m be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and imtll all guards necessary, for the prevention of accident, comply with all laws and ,gulatiom with regard to safety including, but without limitation, the Ocmpational Safety and Health Are of 1970 end all roles and regaling. issued pursuant $ereto. Revised 07al)14