HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9125150PO
PURCHASE ORDER 912515er Page
City of PURCHASE
25150 t of z
' `tCollins( This number must appear
` V on all invoices, packing
sli s and labels.
Date: 12/15/2014
Vendor: 496440
Ship To:
CITY MANAGER
XEROX CORPORATION
CITY OF FORT COLLINS
c/o LEWAN & ASSOCIATES INC
300 LAPORTE AVE
100 S CLINTON AVE XRX2-40A
CITY HALL WEST - 1 ST FLOOR
ROCHESTER NY 14644
FORT COLLINS CO 80521
Delivery Date: 09/24/2012
Buyer:
DAVID CAREY
Note:
Line Description
Quantity
UOM Unit Price
Extended
Ordered
Price
5 Addendum to PO #9125150
1 LOT
EA
493.68
Inv 076858751 11/13/14
(req 48724)
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
Total
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 sumle the City of Fort Collie is exempt from same and local axes. Our Exemption Number is
I L NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the or Pch s es to instant supon shim performance of the tones and condition hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herem or by law, failure a promptly notify the Seller in the ever of a
branch, the accap,.. of or payment far goods lammoder or approval ofthe design, sha11 not release the Seller of
Goods R jested. GOODS REJECTED due in failure to meet specifications, either when shipped or due m defects of
my of the womntim or Obligations of this parchaa order and shall and be deemed a waiver of any fight of the
damage in human, may be emroed to you for credit and are not to be replaced except upon receipt of waiden
Purchaser to coma No strict pefifir. c hereofm any of is rights or remedies n to any such gaoda. regardless
mistmctims form the City affair Collins.
of when shipped, race ved or airlifted, as to any prior or subsequmt default hertuMer, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tees
Inspection. GOODS are subject to the City of Fort Collins inspection on amval.
hereof.
Final Acceptance. Receipt of the menbandise, seises or equipment in mponse in this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aathorittd paymwt on the Not of the City of Fort Collin. However, it is to be underswod Nat FINAL
Seller and the Puchasm, recognim, that in actual aonomic practice, wearehargw resulting from antitrust
ACCEPTANCE is dependent upon completion oFall applicable requital inspection procedures,
violations are in fact home by she Purchases Theretofore, for good more and n consideration for executing this
Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Tams. Shipments most be F.O.B., City of Tun Collins, 700 Wood St., Tom Collins, CO 80522, unless
acquired under Extend or state ..ties, Iaws for such overcharges relating m the particular, good., or services
otherwise specified on Nis other. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase of
bill must accompany invoice. Additiowl charges far picking will .1 be arcep eJ.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Where manufacturers have s n parts of thecountry,from
ifica,
directs r, Seller to comet nonconforming or debility goods by to be agreed on byPorch the
IfthPurchaser
thee.
I volve when
point m destination, and excess freight will be deducted from Invoice when
from d �irt a d aac
expected from the nearest
ants a
Purchaser and the Seller, and the Seller thereafter indicates is inability m unwillingness a comply, the Purchaser
aserPurand the a
rauder dcmr
shipments are made from game Jisence.
may cause the work to be meJ by the most expeditious means available to it, and the Seller stall pay ell
cosy nawciatd with such work.
Penis. Seller shall prorocure sellers sole cost all n.¢wry petunias, cenifiwry licemes required by all
r P
applicable regulations, rd and mares ofthe state, municipality, territory or political subdivision where
The Seller shall release me Purchaser and its contractors of any rim from all liability and claims of any oawrc
required by any Deer duly constituted public authority Jurisdiction over tare work
pert required by a
the work is feller
resulting form the performance ofsuch work.
andhaving
r all liability and loss
Of vendor Seller further agrees m hold the City of Fort Collins Formless form end
further
egaint
stud by them by reason of an auened or established violation of any such laws, rcgulatiom, oNhunces, rates
This eleme shall apply even in the event of Taub of negligence of the pony retained and sbull exrrnd 1. the
and "oil..
directors, ofcers and employees ofsuch parry.
Aathorimrim. All parties to this contract agree that the represantmivn are, in fact, bola fide and possess full and
complete mthonty to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mots and conditions stated
herein set foM and any supplemamuy or addomand terms and conditions annexed heeto or incoryorated herein by
reference. Any additional or different terms and conditions pmpee rd by seller art Objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedimely ifyou cannot make complete shipment to arrive on your
promised delivery date n noted. Time is of gue ¢area. Delivery and performance most be effected within the time
stated on the purchase other and the documents attached hereto. No ass of the Purchasers including, without
limitarian, acceptance of pmial late deliveries, shall spews. a waiver of Nis provisioni la the ,at of any delay,
the Purchmer shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, Ne Seller shall not be liable far damages n is result Of delays
due to causes not remormly Foreseeable which are beyond is reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, govemmenral priorities, fires, strikes, Rood. epidemics, wars or
riots provided that notice of the conditions moving such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the JonM equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants tut all goods, ankles, mammals sod work covered by this order will coor.. with applicable
drawings, specifications, samples andVor other descriptions given, will be fit for the purposes intended. and
peK rmd with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold be purchase, harmless from any loss, 6mage or expense which the
Purchaser may suit or incur on account of the Sellers breach of wananry. The Seller shall replace, repair or make
good, without cart to the purchaser, any defers at faults arising within one (1) year or within such longer parod of
time as maybe prescnhd by law or by the terms of my applicable warmed, pmcided by the Seller aRer the date of
acceptance ofthe goods fumishd heeunder (acceptance not to be umawar ably delzyd), Faulting f imperfect
or defective work done or materials famished by the Sellm Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except in otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to ell damages proximately caused by the breach of my of the foregoing anomalies
or gmmndres, but such liability shall in no event include loss of profits or lass 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 terns by weiften change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may nuke any changes m the rams, comer ton legal tams', including addition to or octal,om from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperfurmance hereunder, an tyuiuble adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by wrinrn change order, terminate this agxaanxnt as to my or all portions of the
goods than not shipped. subject to any equitable adjustment between the panic as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims far anticipated profits on the uncompleted
portion of the goods uri work, for incidental or consequential damages, and that no such adjustment be crude in
favor of the Seller with respect to any goods which are the Sellers sandal stock. No such nomination shall relieve
the purchsser or the Seller army oftheir obligation in to my goads delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any alnico for adjustment most be assured within thirty (30) days from the dare the change Or termination is
odered.
8. COMPLIANCE WITH LAW.
The Seller warrans that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and
deliver such documents as maybe required to refired or evidence compliance. All laws and regulations recruited to be
im orporared in agreements of this character are hereby incorporated herein by this refermea. The Seller agrees to
indemnify and hold de Punhaser harmless f all casts and damages suRnd by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party stall resign, transfer, or convey this order, or my monies due or to become due besander without the
prior written mneit argue other parry.
I O. TITLE.
The Seller warrants full, clear and domin cted title to the Purchaser for all equipment, materials, and items fumishd
in performance of this agreement, free and clear of my end all liens, mmatiars, reservation, security im.ed
ca undrmces and claims ofmurs.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, baeus
such work is pmf..cd or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, do ice, material or process covered by letter, plant, trademark
or copyright. the Seller shall indemnify and save harmless the Purchaser form any and all claims for impingement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the PumM1ner for any cast, expense or damage which it maybe abligd to pay by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In cone said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infnugement and the rose of
said equipment or pan is enjoined, the Seller shall, at is own expense and at is option, either procure for the
Purchaser the right to continue using said yuipment or parts, replace the more with substantially actual but
nomnfringing ryuipment, or modify it so it becomes mainfr oging.
15. INSOLVENCY.
If the Sell. shall became insolvent or bankmpL make an maigmnem for der benefit of creditors, appoint a
=civet or manee for any of the Sellers property or business, this order may forthwith be cameled by the
Purchaser without liability.
16. GOVERNING LAW.
Far definitions oftenns used or the interpretation ofgue agreement and the rights ofallp dies hertmtder shrill to
mmtraed under and governed by the lows ofgue State ofColm oka. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereuot,
including the services of Sellers Representatives), on the premises ofoders.
17. SELLERS RESPONSIBILITY.
The Seller shall many an said work at Sellers own risk Not doe same is fully completed and accepld, and shall,
in case of any accident, destruction or injury to the work and/or materials before Sellers final comptim aM
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases When mammals
and cgimpown, art fumuhed by others for installation or exaction by the Seller, the Seller shall receive, m lked,
scare end handle same at the site and become mponible therefor in though such materials most equipment
were being fiunished by the Sella under the order.
18.INSURANCE.
The Seler shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefs, to its employees employed on or in connection with the work covered by this purchase order,
and/or to thew dependants in accordance with the laws of %e state in which the work is to be done. The Seller
shall also can, campmMmive period liability including, but not limited a, eomracrual and automobile public
liability insurance with bodily injury and death limits of at lean $30).W for my one person, S50),000 far any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees dull do a, work upon the premises of others, the Seller shall ftmish the Purchase, with a mitificate
that such compensation and insurance have been porvidd. Such certifwtes shall specify the date when such
ompenodion and insurance have been providd. Such monficates shall sp se"i, date when such mmpen Lion
and insurance expires. The Seller agrees that curb compere ition and 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 mp xinibilily and liability for any and all damage, lass or injury ofany 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 heradess the Purchaser and any
r all of the purchasers afters, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indiren, and whether a person or property to which the Purthaser may
be put or lattice, by eevoa of my act, roman, neglect, omission or default on the pan of the Seller, any of has
contactors, or any of the Sellers or calumnious officers, agents or employees. In case my suit or other
procaut shall be brought against the Purchaser, or its oMe., agents or employees at any time oa bo omt or
by reason of my rat, action, neglect, omission or default of the Seller of my of his contractors or any of its ar
their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thennf and to
defend the same el the Sellers own execse, to pay may aM all cads, charges, anomrys f and other callouses,
any and all judgments that may be incurred by or obtained against the Pa chaser W any of ism thew afros,
agents or employees in such suits or other proceedings, and in case judgment or other lien be place No or
obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same ro be dissolved and diubargd by giving bond Or omerwire. The Seller and
his contractors shall take all safety precorman, furnish and unreal all guards neeemary for the prevention of
accidents, comply with all laws and regulation with regal to safety' mcludin& but without Iimitatiaa, the
Occupational Safety and Health Act of 1970 and all rules and regulation issued pursuant theroo.
Revised 0712014