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HomeMy WebLinkAbout549389 JOE ADAMICH - PURCHASE ORDER - 9147636PO PURCHASE ORDER 914763er Page C117/ of PURCHASE 9147636 ' of 2 t Collins liras This number must appear v ` on all invoices, packing sli s and labels. Date: 12/2612014 Vendor: 549389 JOE ADAMICH 126 GRAPE ST FORT COLLINS CO 80524 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/26/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Photovoltaic System Rebate 126 Grape Street 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 4,500.00 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 1. COMMERCLV.DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from site and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cemifeme of Registry 84-ON587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Solutes 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due to fail. to meet specifications, either when shipped or due to defects of damage in vansil, maybe mumed to you for audit and are not to be u p coal except upon receipt of women irestmetians from the City of Fon Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on mrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can mull in amthoriaed payment on the but of the City of Fort Collins. However, it is to be undowmod that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. Uprnnission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will tut W accepted Shipment Distance. When manufacturers have distributing points in various pans of the comtry, shipment is expected f the nearest distribution On to destination, and excess freight will be deducted from Invoice when shipments are made from grwrer distance. Permits. Seller shall procure at sellers sale cast all necessary permits, certificates and licenses required by all applicable laws, regulations, wdinances and roles oftha state, municipality, ternary or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fall Collins harmless from and against all liability and loss incurred by them by reason of m asmed or established violation of any such laws, regulations, ordirmnces, rules are requirements. Almorvation All parries to this amuse, agree that the representative are, in fast, bona I,& and plasmas full and complete mtharity to bind said panics. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the mots and conditions sorted herein set forth and any supplementary or additional terms and conditions annexed herem Or incownfled herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the arena. Delivery and palmor canoe mast be efliaed within the time stated on the purchase order and the documents attached herem. No acts of the Parchasers including, without limiatm, twat to ce of partial late delivenu, shall operate as a waiver of this peovuim. In the event ofawy delay, the Purchaser shall have, in addition to other legal and equitable mnedia, the option of placing this order elsewhere and holding the Sella liable for daneges. However, the Sella shot] not be liable for damages as a result of delays due to muses not rwmnably foreseeable which me beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priontia, fins, strikes, flood, epidemics, was or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the rime when the Seller first received knowledge thereat In the event of any such delay, the dam of delivery shall be extended for the pound equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warmm that all good, article, materials and work covered by this order will conform with applicable drawings, specifications, smnples md/or other descnPtions given, will be fit An the purposes amended, and performed with the highest degree of care and competence in weralsnce with accepted standard for work of a similar nature. The Seller agrees to hold the Purchaser harmless from any loss, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, my defers or faults wising within one (1) year or within such longer Period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not in be unreasonably delayed), resulting from imperfect or delve work done or materials famished by the Seller. Acceptance or use of goads by the Purchnser shall not constitute a waiver ofany claim order this wmmnty. Except no otherwise provided in this purchase order, the Sellers liability hereunder shall extend a all damages proximately mused by the breach of my of the foregoing warantiw or guarantees, but such liability shall in ao event otelude Ions ofpmfi. or loss of use. NO IMPLIED WARRANTY OR MERCILWFABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes Ins legal terms by written change aide,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaer may make any changes to the terms, Other than legal terms, including additions to or deletions from me qualities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perforce. hereunder, on equitable edlase. shut be made. 6. TERMINATIONS. The Purchasa may at any lime by wriften change order, termimte this agreement as a my or all Famous of the goods then not shipped, subject to any equitable adjmtmed Mwem the parties as m any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated prof¢ on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goad which are the Sellers standard,lock. No such termination shall relieve the Pumnow or the Seller af.ny of flair obligations es to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or automation is oldaed. R. CONWLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and fished in strict compliance with all applicable laws and regulations to which the good arc subject. The Sella shut execute and deliver such documents as may be required to elect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby mew, mted herein by this reference. The Seller agrees to indemnify and hold the Purchaser hasmless from all costs and damages suffered by the Purchaser as a result of the Sella failure a comply with such law. 9. ASSIGNMENT. - Neither party, shall Will transfer, or convey this maker, or any mania due in on become due hereunder without the prior wrinat mnsent of the other party. 10, TITLE. The Seller wamnt, full, clear and wresGcted title to the Purchases far all equipment, materials, and it. famished in performance of this agreement, free and clear of any and all liens, reshictions, reservations, security interest encumbrances and claims oOlumi. 1 L NOWAIVER. Failure of the Purchaser to insist upon strict pabornantt of the terms and scralu . hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify me Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase older and shall tut be directed a waiver of any right of the purchaser to insist upon strict performance hertofor any of its rights or lemahsa as to any such good, regardless of what shipped, received ar accepted, as many prior or subsequent default hereunder, nor shall any purported now mothfirstom a remission of this parehase older by dui Purcfa.,cote as a waiver of any of the menu hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in what cono is practice, overcharges resulting from antitrust violations me in fact home by the purchaser. Theretofore, forpodcame 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 ander federal or suite antitrust laws for such m achoga relating to the particular good or services purchased or acquired by me Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iftlre Purchaser directs shot Seller to correct mrmconforming a defective good by a date m be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may muse the work to be performed by the most expeditious means available a it, and the Seller shall pay all costs sessoclmal with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature ranking from the performance of wch work. This relwu shall apply even in the event of fault of negligence of the parry relessM and shall extend to the direcars, officers and employees ofsuch party. The Sellers contractual obligations, including wmrmry. sham WI be deemed la be rtduceQ in an, way, because such work is pefed or caused to be perfomed by the Purchases. 14. PATENTS. Wheneva the Sella is required to use any design, device, material or process covered by later, patent, trademark or copyright, the Seller shal I indemnify and save harmless the Purchaser from any and all claims for infringement by reason of me use of such mounted design, device, material or process in connection with the contract, and shall indemnify the Purchaser far any cost expense a damage which it may be obliged an pay by reason ofmch infringement at any time during the prosecution or after the completion of the work. In case said aNipment or my part thermf or the intended use of the good, is in such suit held to conclude infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and al its option, either pexame fat the purchaser dui right to continue using said equipment or pans, replace the sane with substantially equal but nminfringmg equipment, in modify it so it becomes noninfiringivg. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser wifont liability. 16. GOVERNING LAW. The defunit s of tams mud or the interpretation ofrose agreement and the rights of all parties hereunder shall be concaved under and govemed by the Izws of the State of Colorado, USA. The following Additional Conditions apply Only in cans where the Sella is to perform walk hemunder. including the services of Sellers Re,memostive(s), an the premiss ofothers. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in au of any accident, destruction or may to the work and/or rmtenals before Sellers firal completion and acceptmtt, complete the work at Sellers own expense and to the satisfaction of the purchaser. When marmots and equipment are furnished by others for installation or erection by the Seller, the Seller shall reserve, unload, mare and haddle same at the site and become responsible therefor as though such materials and/or equipment evert being Pension] by the Sellamder the older. IS. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compasation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, wmVw to their dependents in accordance with the laws of the state in which the work is to be done The Seller shall also carry comprehensive general liability including, but not limited to neeadml and automobile public liability maintance with bodily injury and death limits of at least S300,0 XI for any one person, S51hpul for my incident and Primary damage limit per accident of S400,00). The Set], shall likewise enquire his comments, if any, to provide for such compensation aM manummu. Beth my of the Sellers or has contractors employees sMll der any work upon the Promises of orders, the Sella shall famish the Purchaser with is certifrmte that such own,dwastion and inedurence have been provided. Such calif Wes shall specify the date when such compensation and insurmce love been provided. Soon certificates shod] specify the date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the attire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby amines the entire responsibility and liability for my and all damage, loss or injury of any kind nature whadmaa an persons or property caused by or ewuhing from the execution ofthe work provided far in this purchase order or in comedian ba iN. The Seller will indemnify and hold hvmless the Purehaser and any or Al of the Purchasers officers, sgevm and employees from and against my and all claims, losses, damages. charges a expenses, whether threat or indinec, out whether to persons or Inoperty to which the Purchaser may be put or subject by reason of any act action, neglect, omission or default on the pm of the Seller, my of his contractors, in any of the Sellers or onamctors officers, agents or employees. In case my suit or other proceedings shall he brought against the Purchaser, or its offerers, agents err employees at any time on account or by mason of any col, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thadi and to defend the same in Sellers own expense, to pay any and all costs, charges, auomeys fees and other expenses, any and all judgments dual may be incurred by or obtained against the Paulamo r or my .f its or their oRcers, agents or employees in such suits or other proceedings. aM w case jtdgment or other lim be placed upon or Obtained against the property of the purchaser, on said Ponies in m as a result of such stairs a.f prasedml she Sellawill at once cause the same to be dissolved and discharged by giving honed a othevwse. The Seller end his contractors shall mine all safety precamiars, f ish and install all gumds neeessmy for the, ,mention of mcidens, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Hwlth Act of 1970 and all rules and regulations issued pursuit there.. Revised 072014