Loading...
HomeMy WebLinkAbout521902 WRIGHT NATIONAL FLOOD INSURANCE COMPANY - PURCHASE ORDER - 9143988 (4)PO PURCHASE ORDER 914398er Page City. of PURCHASE 988 t of z ' `t Collins( his number must appear �.I " 1 1 on all invoices, packing sli s and labels. Date: 12/15/2014 Vendor: 521902 Ship To: RISK MANAGEMENT DIVISION WRIGHT NATIONAL FLOOD INSURANCE COMPANY CITY OF FORT COLLINS PO BOX 33070 215 N MASON, 2ND FLOOR ST PETERSBURG FL 33733-8070 FORT COLLINS CO 805244408 Delivery Date: 07/15/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 7 Invoice dated 12/14/14 920 E. Mulberry 4��,.aii 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 EA 1,054.00 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 DUAIll Tax exemptions. By statute the City of Fort Collins is exempt frown state and ]rival taxes, Our Exemption Number is 11. NONWAIVER, 98-04502, Federal Excise Tax Exemption Calibrate of Registry 84-6000587 is e,i,lcrcd with the Collector Of Failure of the Purchaser to insist upon sort performance of the terns and conditions rancor, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Smman 1973, Chapter 39-26, 114 (a), exercise any rights or remain provided herein or by Iaw, failure w promptly nallfy, the Sella in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods R jetted. GOODS REJECTED due to failure w meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he doomed a waiver of my right of the damage in transit, may be remount to you for nadir and are not to be replaced except upon ema,lu of wrinm Purchaser in insist upon stria performance heresfor any of its rights or mnNin as to any such good, regardless extraction, fro the City of Fort Collins. of when shipped, received or accepted, as to soy prior or subsequent default hereunder, nor shall any poryorted and madifcation or rescission of this purchase win by the Purchaser operate as a waiver of any of the terms Inspection GOODS are midair to the City of Fan Collins inspection on coyest. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. informed payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in acmal economic practice, ovnchmgn resulting from antitrust ACCEPTANCE is dependent upon completion a l applicable required inspection procedures. violations are in fact home by the Pwxhaser. Theretofore, for and cause and as consideration for executing this purchase under, the Seller hereby ensigns to the Purchaser any and all claims it may now have or hereafter Freight Terms, Shipments must be F.O.B., City of Fun Collins, 700 Wood St., Fort Collins, CO 80523, unless acquired under federal or slate antitrust laws for such overcharges relating to the Particular goods or smices otherwise specified on this wi n. If permission is given to prepay freight and charge separately, she original freight purchased or acquired by the Purchaser pursuant to this purchose order. bill most accompany invoice. Additioal chosen for puking will not b, accepted. Shipment Distance. Where manufavow. hoe damibming pnints in various pans of the country, shipment is expected fmm the warrant distribution paint as destination, and excess freight will be deducted from Invoice when shipments are made fmm greater distance Permits, Sella shall proeurt at sellm sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, undimnces and roles Ofli a smae, municipality, teomry or political subdivision where rise work is performed, or required by any other duly ruminated Public authonry havin, pois fiction over he work of similar. Seller further agrees to hold the City of Pon Collins huntress from and against all liability and loss andumed by them by reason crop asserted or established violation of any such laws, regulations, ordinances, rules rb,mmvrmrds. Authorization. All panin to this conown agree the the re anowilivn are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Omer expressly limits sereprvrce to the terms and conditions stated haelu sec path and any sup,lemenm , or additional amass and conditions mmexed harm. or incorporated herein by reference. Any additional or different terms and mash ions proposed by seller sm objected to end hereby r jmted, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannon make complete shipment to Move on your promised delivery date as noted Time is of the essnce. Delivery and performance must Ire effected within the time stated on the purchase order and the documents hunched hereto. NO acts of the Purchasers including, without limitation, acceptance of wrial late dehvmes. shall Waste as a waiver ofmis provision. In the event of any delay, the Purchaser shall have, in addition to other legal said equitable remrdin, the option ofplaidg this man elsewhere wd holding the Sella liable for damages, However, the Sella shall not be liable for damages ss is result of&I., due no causes not nobly foreseeable which are beyond its rmsooeble..I and without its fault of negligence. such acts of Gad, acts of civil or military authorities, govemmenal Motion. fires, strikes, BooQ epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge therm(. I the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, sample, number other descriptions given, will be fit for the purposes intended, and performed with the highest degree of sere and competain in accomance with accepted ma lard for wank of a similar nate. The Sella agrees w hold the purchaser hatless fro any loss, damage so expense which the Purchaser may sdfn or incur On amount of the Sellers broach of avant The Seller shall replace, repairor make good, without cost an the purchase, any defects or faulu arising within one (I) year or within such longer paned of time as may be prasmbed by law or by the terms of my applicable want Provided by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect Or defective work done a maenads furnished by the Seller. Acceptance or use of goods by the Purchase shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or opi nion, but such liability shall in no event include loss of profits or loss 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 temp by Mmm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other roan legal terms, including nulalu ns m or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change will If any such change affeda the amount due or the time of pabommnce bacunder, an equitable adjusinam, shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, tminale This agreement as to any, or all poni. of the good then trot shipped. subjecno any equitable adjustment tharown the parties as to any work or mstmals then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompinrd polio. minor goods andor work, for inridemat or consequential damages, and car no such w1jusament be made in favor of the Sella with.,cl many goods which are the Sellers donate dock. No such Termination shall relieve the Purchaser or the Seller ofeny of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be mooned within thin, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Nat all good sold hereunder shall have been produced, sold, delivered and famished in strict complowsm with all applicable laws and regulations to which the good are subject The Sella shall execute and deliver such documents as may he residual to effect or evidence compliance. All laws end regulations rawbal to be incorporated in agreements of this character are hereby incorporated herein by this refemwe. The Sella agrees or, indemnify and hold the Purchaser hatless farm all casts and damages su@red by the Purchaser or is result of the Sellers failure to comply with such Ow. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the Prior written consent of the other parry. 10, TITLE. The Sella sa mots full, clear end wrabicled tide to ate Purchaser for all Wo,c rut maeriaB, and items ftmishW in perfotons, of Otis agreement f and clear of any and all liens, restrfctimta raarmaxes, senaiey or—' encumbrances and claims clothe, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser directs the Seller to correct nonconforming or defective goad by a date w be, agreed upon by the Purchaser and the Sella, and the Sella thereaBn Indicates is inability err unwilliagrress to comply, the Purchase, may cause the work to be performed by the most expeditions means available an it, and the Sella shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of the parry retained and shall extend to the directors, officers and employees ofsuch pony. The Sences comracmal obligation, including woman, shall not te droned to be reduced, in any way, because such work es performed or wood 10 be ponflormrd by the Purchsstt. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by loner, pail trademark or copyright, the Seller shall indemnify and save hamlres the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the comma, and shall indemnify the Purchaser fir any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held m co estiNtc infringement and the use of said equipm red or pan is mjoinrd, the Sella shall, at its own expense and at its option, citlrcr procare for the Purchaser the right to continue in, said equipment err pans, replan the same with substantially equal but ...infringing equipment, or modify it so. becomes andi fining. 13. INSOLVENCY. If the Seller sball become insolvent Or bankrupt, make on assignment for the benefit of credimrs, appoint e receiver or trustee for any of the Sellers property or business, this Omer may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the Inbox,mal.0 Ofthe agreement end the rights of all .ia hereuMn shall be consmed lama mar gnowned by the laws sfthe State ofCalorado, USA, The following Additional Conditions apply only in exact where the Seller ex to perform work hereunder, including the service ofS<Ilm Repremotatihc(s), on the premises of others 17. 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 or injury to the work mi materials before Sellers final completion and acceptance, complete the work at Seller's own expense and In the satisfaction of the Purchaser. When matenda and equipment are fbmishrd by others for installation or erection by the Seller, the Seller shall receive, unload, store and hurtle some at the site and became responsible therefor as though such materials and/or equipment were being normal by the Sella anchor One order, 19, INSURANCE. The Sella shall, at his own expense, provide for the payment of workers mmpemation, including occupational disease benefits, to its employees employed or or in connection with the work covered by this purchase order, andlor to their dependents in accordance wiU the laws of the state in which the work is to be done. The Sella shall nlw rnrty comprehensive general liability melodist, bur rat limited b, amrucrual and automobile public liability insurance with bodily injury and death limits of.I 1eas1$300,001 for any one person, $500,000 for any one accident and propery damage limit per accident of Sit..., no Seller shun likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a c ndificae that such compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation and insurance have been provided. Such condition dull specify the date when such compensation and insurance expires. The Sella agree that such compensation and insurance shall he maintained until after the mlire work is compined and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility, and liability for any and ell damage, rod or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or is carnation herewith. The Seller will indemnify and hold hatless the Purchaser and coy r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or irWirea, and whether to persons or property, to which the Franchiser may he par Or subject by accord of any act, action, neglect, omission or default on the pan of the Sella, any of his contmcrors, many of the Seim or compositors officers, agents or empicyca In case any suit Or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any On, anion, moglea, omission or default of the Sella of nay of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agree to assume Ile defense darmf and to defend the same at the Sellers own expersse, to pay any rod all costs, charges, wham f and other expanses, any and all judgments that may be incurred by Or standard againat the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon Or obtained against the property of the Purchaser, or said parties in or as a result crouch suits or other proceedings, the Sella will at once cause the tame to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulation with regard te safety including, but without limitation, the Occupational Safety and Holm Act of 1970 and all min mad regulation issued pursuant draw. Revised 07n014