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HomeMy WebLinkAbout469561 AED AUTHORITY - PURCHASE ORDER - 9147313Fort Collins Date: 12/10/2014 Vendor: 469561 PURCHASE ORDER AED AUTHORITY DIVISION OF NARVA ENTERPRISES 8091 SHAFFER PARKWAY LITTLETON CO 80127 PO Number Page 9147313 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 12/10/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 AED Lifepaks Per invoice #13321 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 1 LOT LS 6,550.00 Total $6,550.00 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 L COMMERCIALDEfAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local axes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificam of Registry, 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923. Chapter 39 26,114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or due to defects of damage m transit, may be minded a you for credit and are not ta be mitlmed except upon receipt of written imtmefiom from the City of Fan Collins. Inspection. GOODS are subject to the City ofFort Collins inspection an arrival. Final Acceptance. Receipt of the merchmbut, slices or equipment in response m this order can result in authorized payment on the part of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures. Freight Term. Shipments most be F.O.B., City of Fort Collins, 200 Woad St., Fan Collins, CO 80522, unless otherwise specified an this order. If permission is given to Prepay freight and charge separately, the original freight bill mml.comma invoice. Additional clam. for owkiae will a., be acmmed. Shipment Distance. Where manufactures have distributing points in various pans of me country, shipment is expected from the nwrest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made from greats diem was Permits. Seller shall procure at sellers sole cast all coronary permits, cesificmes and licenses occurred by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, communal my other duly command public authority having jurisdiction over fie work of vendor. Seller further agrees m Mid me City of Fan Collins Iowa]. from end against all liability and loss incurred by mean by reawn of m wormed, established violation of My such laws, regulations, ordinances, roles arm ".a... Aumomafion. All panic to this comtmr agree that the representatives are, in fxt bore fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimely if you Manor make complete shipment as arrive on your Promised delivery date as ruled. Time is of Ore assmese. Delivery, and performance most M offered within the time stated on the purchase order and the documents mached hereto. No acts of me Purchasers including, without limitation, acceptance of partial late deliveries, shall operate m a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing fin order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages ss a much of delays due to causes not reasonably foreseeable which are beyond its reasonable annual and without its fault ofnegligence, such acts of Gad, .,is of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of fie time when me Seller first received knowledge thereof In fie event of my such delay, the date of delivery, shall bo extended for the period cqual m Ore time acmzlly lost by reawn of fie May. 3. WARRANTY. The Seller warrants mar all goods, articles, mmmzls and work ama1M by this wi will conform with applicable drawings, specifcnions, samples and/or other descriptions given, will be fit for the proposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a milar nature. The Seller agrees to hold the purchaser hamulas from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wmranty. I he Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such Eager period of rime in may M prescribed by law or by me tents crony applicable warranty provided by me Seller after the dam of acttptmtt of no good famished hareumder (acceptal not to M unrowmanably Mural), resulting from imperial or defective work done or commit s fiuoished by die Seller. Acceptance or use of good by me Purchaser shill ant consumer a waiver of my claim under this wamnry. Except as omerwlse provided in this Puahae ond,, Use Sellers liability hereunder shall extend m all damages proximalely eaused by the breach of any of the ( going wmanfies or guarantees, but such liability shall in no event include loss ofpmfits or Ions of use. NO IMPLIED WARRAWY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4, CHANGES IN LEGAL TERMS. The Proxima may make changes ta legal tome by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Puehmer may make my changes to me town, other than legal terms, including additions to or deletions from the quantifies originally aAercd in fie specifications or drawings, by verbal or woman dung. mailer. If any such change affects the amount due or the rime of performance havander, m equitable adjmtmmt shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change caleq terminate this agreement as to any or all portions of the goods then not shipped, subject to any egmtable adjustment between the parries as in any work or materials then in progress provided that the Purchaser shall not M liable for any claims for anticipated profits on me uncompleted portion of me good amber work, for incidental or comequential damages, and that an such adjustment be wade in favor of the Seller with respect a any good which as me Sellers shorthand stock. No such mncom on shall relieve me Purchas, or fie Seller ofany of their o1 ligation a to my good delivered heeunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjmtmmt most be asserted within thirty (30) days from the dam the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all grad sold hereunder shall have been produced, sold, delivered and fumished in strict compliance will, m1 applicable laws and regulations to which me grads we subject. The Seller shall execute and deliver such documents as may be required m affect or evidence a mplierea All laws and regulations rarmust to be in mparratm m agreements of this character are hereby incoupomtad herein by this ref ace. The Seller agrees to indemnify and Mid the Purchaser hmmless from all cants and domages suffered by me Purchaser as a result of me Sellers failure to comply wif such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other patty. 10. TITLE. The Seller warmers full, clear cad utuesomead title ro the Purchaser for ell equiproem, maarids, and it. Radisbad in performance of this agreement, face andd clam of my and at liens, moierate, ficammMm, security interest rnmraft.. and claims of others. I L NONWAIVER. Failure of the Purchaser to insist upon strict performance of me terms and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure W promptly notify the Seller in the event of a breach, me acceptance ofor payment for goods hereunder or approval of me design, shall at rdoue the Seller of any of the -armories or obboatiom of this purchase order and shall trot be cleaned a waiver of any right of me purchaser ta insist upon sofct performance hommor any of its rights or remedies m ta my such goods, regardless of when shipped, received or accepted, as to any prior, or subsequent default hereunder, am shall any purposed oral modifcatioa or rescission of this purchase order by the Purchaser opera¢ - a waiver of any of We terror hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in acnal , is practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, forgoodcame 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 some antitrust laws for such Momharges relating to me particular goods or slices porchased or acquired by me Fwchaser pursuant W this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. HIM Purchase, directs me Seller to correct rommnforom, or defective good by a clue ta be agail upon by me Purchaser and the Seller, and me Seller thereafter indicates its inability or unwillingness ta comply, fie Purchaser may no. the work to be perfomtad by hie most expiation. means available to it, and the Seller shall pay .11 costs associated with such work. The Seller shall release me Purchaser and its contractors of any tier from all liability and claims of any nature resulting Imm the performance of such work. This draw shall apply even in me Dent of fault of degligence of the party re1rxM and shall extend to the dinam s. oMo. and employees ofsuch p.my. The Sellers contmcund obligation, including wamnty, shall not be damed to so induced, in any way, because such work is performed or cowed to ho Performed by me Pmchaso. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by loner, patent, trademark capynt Oa Seller shall indemnify vad save handless me Purchaser from my and all claims for infringement by reason of the use of such planted design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any east, expense or damage which it may he obliged to pay by frown of such infringement at my time during me prosecution or after me completion of me work in case said equipment, or any pan thereof or me Intended use of me good, is in web suit held to comaura irRingemeat and the me of said equipment or pan is enjoined, me Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said aquipment or part, replace the same wins substantially equal but noninfringing equipment, or modify it so it becomes noninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmstce for any of me Sellers property, or business. this order may forthwith be mrrceled by me Purchase, without liability. 16. GOVERNING LAW. The definitions of team mad or to incorporation ofmc agreement and the rights craft parties hereunder shall M comwed under and governed by tM laws ofhc Sate ofColomdo. USA. The following Additional Conditions apply only in cases whom the Seller is m perform work hereunder, including the services of Sellers Repwsentative(s), on me praises of others. 17. SELLERS RESPONSIBILITY. The Sell, shall carry on said work at Sellers own risk until the same is fully completed aed acapal, and shall, in case of any acrident, demarcation or injury W the We& anal materials before Sellers final completion anal accordance, complete the work at Sellers own expense wit ta the satisfaction of Use Purchaser. When camerisls and equipment art furnished by others for installation or erection by me Seller, me Sell, shall arrive, -load, store and handle same at me site and become rapomble therefor M though such materials moor nryipment were being boosted] by me Seller under the under. 18. INSURANCE. The Seller shall, at his own expense, provide for me payment of workers compemmion, including occupational disease benefits, to its employees employed] on or in comedian with the work covered by this purchase order, muffor to bear dpendenm in accordance with me laws of me sure in which me work is to be, done. The Seller shall also tarty comprehensive general liability including, but act limited ta, comrectml and automobile public liability insurance with bodily injury and death limits of at least S30LOOO fan any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Sella shirt likewise require his common rs, Bany, to provide for such romprnwtion and imurdnce. frefine my of Ne Sellers or his ca machos employees shall du any work upon the premiso of odwo, me Seller shall famish the Purchaser wit a certificate that such compensation and insurance have been provided. Such cenificors shall specify me date when such compensation and insurance have been provided. Such certificates shall specify me date when such compensation and insurance expires. The Sell, agrees that such compensation and insurance shall be maintained until after the entice work is completed and notified. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the antra respomibility and bmniaY for my and ml damage, loss or injury of My kind r when, whosoever m persons or property mused by or resulting from the execution offe work provided fan Or this purchase order or in connection herewith. The Sell, will indemnify and hold harmlass me Purchaser and any r all of me Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property an which the Purchaser may M put or subject by reason of any act, action, neglect, omission or default on me pan of the Seller, any of his contractors, or any of me Sellers or contractors officers, agents or employaa In case any suit or other Proceedings shall he brought against me Purchaser, or its officers, agents or employees at my time on woman or by reason of my rot, action, ¢crier, omission or default of she Sell, of my of his contrwmrs or my of its an the'v officers, agents , employees as aforesaid, the Seller hereby agrees m assume the defense memo( Man to dread the same an the Sellers own expense, W pay any and all cents, changes, m M fees end other expenses, My and all judgmena that may be imttrad by or obtained against she Purchaser or my of its or their officers. agent, or employers in such suits or other proceedings, and in case judgment or other lien be, placed upon or obtained against the pmpon, of the Purchaser, or said parties in or as e tramp of such suits or other pr«cadings, the Seller will at once cause me same to be dissolved and diwharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and insall all .it, necessary for the prevention of accidents, comply with all laws and actuarial with regard ta safety including, but without limitation, me Occupational Safety and Harm Act of 1920 mail all mIM and regulations issued pursuant thereto. Reined 07Q014