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HomeMy WebLinkAbout549390 KIRT KNIEGGE - PURCHASE ORDER - 9147637PURCHASE ORDER PO Number Page C117/ of PURCHASE 9147637 1 of 2 Flirt Collins ins This number must appear !•\V`I V ` 1 1 on all invoices, packing sli s and labels. Date: 12/26/2014 Vendor: 549390 KURT KNIEGGE 369 OSIANDER 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 369 Osiander 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.wrn 1 LOT LS 4,500.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 1wimmiramunifirm Page 2 of 2 1. COMMERCIALDUAILS. Tax exemptions. By smmm the City of Fon Collins is exempt from state and local axes. Om Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is regismred with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Gaud Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in commit, may be returned m you for credit and are Out to be replaced except upon receipt of written iretmenons from the City OfFort Collins. Inspection. GOODS are subject m the City of Fon Collins impectim on arrival. Final Acceptance. Receipt of ma merchandise, services or equipment as response m this order can result in authorized payment on the pan of the City of ran Collins. However, it is m be understood that FINAL ACCEPTANCE is dependent an completion of all applicable r quired inspection procedures. Freight Terror. Shipments must be F.O.R., City of Fair Collins, LID Wood St.. Pon Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must aaao.c invoice. Additional charm fro parkin¢ will nor h aaented. Shipment Distance. Where manufacturers have dinnbuting points in various parts of the country, shipment u expected from the nearest distribution point to destination, and excess fight will he deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses terminal by all Applicable laws, regulefimvs, ordinances and roles of the state, municipality, territory 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 ran Collins harmless fmm and against all liability and loss recurred by them by rcnson of an asserted or established violation of any such laws, regulations, ordinances, rv10 and mluinmens. Authorization. All India to this contract agree thal the repcamarives are, in fact, bona fide and possess full and complete authority a bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the burns and auditions stated herein set forth and any supplements, or additional terms and conditions annexed hcrelo or incorporated herein by reference. Any additional or different erms and conditions purposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediamly if you cannot make complate shipment 10 arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance most be eReeed within the time stared on me purchase order and the documents Watched hereto. No arts of me Purchasers including, without limitation, amepmma afpanial lam de)ivenes, shall ymte as a waiver ofthis provision. In me event ofany delay, the Purchase shall have, in addition a omen legal and equimbla remedies, the option of placing mis orda elsewbere and holding the Seller liable far damages. IT., the Seller shall M1 h liable for damages as a result of delays due to causes not reassembly foreseeable which are beyond its reasonable canal and without its fault ofneg)igmee, such acts of God, acts of civil or military authorities, governmental pnoAies, 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 the time whea me Seller first received knowledge thereof In the event of any such delay, the data of delivery shall be extended for me period equd m the time actually lost by reason orate delay. 3. WARRANTY. The Seller warrants that all good, articles, matmats and work covered by this order will cocJ with applicable decisions, specifications, samples ardtor other descriptions given, will be fit for me puryous, intaided, and performed with me highest degree of are and competence fo acsurdence with accepted standard for work of a similar more. The Sellet agrees as hold the purchaser hamdess focus any loss, damage or expense which me Purchase( may sufferer incur on account ofine Sellers breach of wapmaty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the rams of any applicable warranty provided by the Seller after the data of acceptance of the good famished hereunder (acceptance not to he commonality delayed), resulting from imperfect or defective work done or materials famished by me Sella. Acceptance of use of good by the Purchaser shall not coastimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, me Sellers liability hereunder shall ¢wand to all damages proximately caused by me branch of any of the foregoing ware ties or gtimpro es, but such liability shall Or me event include loss ofprofis 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 10 legal tams by when change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaver may make any changes to me moms, other nun legal moms, including additions m or deletions from me quantities originally ordered th the specifications or drawings, by verbal or when change order. If any such change aReces me amount due or the time ofperfomance hasmnda, an equitable adjustment shall Is, made. 6. TERMINATIONS. The Purchaser may at my time by worm change order, mainframe this agreement as a my or all poniomm of me goods men not shipped, subject to any accolade adjustment between me panics as many wok or materials then in progress provided mat the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods andror work, for incidental or consequential damage and that no such adjustment be made in favor of the Seller with respect to any goods which art the Sellers smndand stock. No such termination shall relieve the Purchaser or me Seller of my of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. A, claim for adjustment musr be assured within Nor, (30) days form the data me change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold herennder shall have been produced, aid, delivered and fitmished in mict compliance aim all applicable laws and regulations m which the goods am subject. The Seller shall execute and deliver such documents as may be required to a@et or evidence compliance All Incas and regulations requimd to be n mi,mated in agmamems of this character arc hereby incorporated herein by this reference. The Seller egress to indemrdfy and hold the Purchaser hannlwe from all puts and damages suffered by the Purchases as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this ado, m may, monies due of a become due hereunder without Iha Prior winner commeat ofthe Omer pans'. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchases for all equipment, matmals, and items famished in performance of this agreement, free and clear of any and all lies, resrnnians, reservations, security interest encumbrances and claims of omen. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terns and conditions hntaf, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in me event of a breach, the acceptance ofor payment for good hereunder or approval ofbe design, shall not came the Seller of any of the warranties or obligations of this purchase order and shall not be decmed a waiver of my eight of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such good, regardless of whm shipped, received or accepted, us to any prior or subsequent default hareuMer, nor shall any purymred and modification or rescission of this pmchau order by the Processes Operatic as a waiver of any of th temn hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust violations me in fact home by the Purchaser. Thereabout, for good cause and as considerations 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 site antitrust laws for such overcharges relating to the particular good or srvicas purchased or acquired by the Purehaurpormant to this purchase coder. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifte Parchear directs rise Seller to support nonconforming or defective goads by a date W be agreed upon by rise Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness a comply, the Purehmer may cause the work fo be pcuf ornd by the most expeditious means available a it, and me Seller shall pay all costs maximal with such work. The Seller shal I mime, the Purchase and its coutonors of any tiro form all liability and claims of any ramre resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of me poly released and shall extend to the directors, oRc us and employees of sch party. The Sellars command Obligations, including warranty, shall not IN, domed to be reduced, in any way, because such work is performed or caused as be performed by the Purchaser. 14. PATENTS. Whenever the Sella, is required to use any design, devise, manurial or process snared by ]area role.%trademark or copyright. the Seller shall indemnify and save hamdess the Purchaser firm 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 for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution cur aft¢ the completion of the work. In ease said aquipmmt or my pan thereof at the immnded am of me goods, is in such suit held to constitute infringement and the use of said amounting or pan is enjoined, the Seller shall, a1 its awn expense and at its option, either proeare for me Pomhaser the right to continue using said ayuipmem an parts, replace me same wins substantially acted but noninGnging equipment or modify it an, it becomes noninfinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of cmdimm, appoint a or lrnsme for any of the Sellers progeny or business, this order may forthwith la, canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oflernn used or the interpretation ofine agreement and the rights of all Wim hereunder shall h construed under and gosemed by me laws ofthe State ofColorsdo, USA. The following Additional Condtions apply only in rases where the Sella is to perform weak hereunder, including me services of Sellers Ra,mmuctive(s), on me prem6es ofomers. It. SELLERS RESPONSIBILITY. The Seller shall may an said work at Sellers own risk it me same is fully completed and accepted, and shall, in case of any accident, destromm. or aa,ury to me work and/or materials before Sellers Final completion and acceptance, complete the work at Sellers own expense and to the satisf a ins of the Purchaser. When materials and equipment art famished by others for installation or erection by me Sella, the Sella shall section, unload, sore and handle same as the site and become responsible therefor as though such matmals andrm rdipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with me work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry mmprehem a general liability including, but not limited to, eomracmal and automobile public liability i ismarn a with bodily injury and deem limirs of at least S300,000 for my one person, 5500,000 for any one accident and properry, damage limit per accident of S400,o00. The Seller shall likewise rryuire his connotations, if my, to provide fro such compensation and insttrmee. Before any ofthe Sellers or his contractor employees shall do any wok upon me premiss of others, de Seller shall f ish me Purchases aim a certificate that such compensation and insurance have been prosided. Such anifimee shall specify the date whea such compmsalion and insurance have been provided. Such carrificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and i.,a shall be mawmmed until aRer me entire wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nahue whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in caanection herewith. Tha, Seller will mdemnfy and hold harmless the Purchaser and any r all of me pumbee , officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whdrer direct or indirect and whether to persons or Miami, m which the Purchase may In, put or subject by reason of any act, action, neglect, omission in default on the pan of One Sella, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against me Purchutt, or its officers, agent or employees at my time on account or by reason of any act, action, neglect, omission or default of me Seller of any of his contrasts or any of its or their officers, agents or employees no, aforesaid, the Seller hereby agrees to assume me defense thereof and to defend me same at the Sellers own expense, to pay my and all costs, charges, atlont fees and other expenses, my and all judgments that may, be incurred by or obtained against the Purchaser or my of is or bell affairs. agens or employees in such suits or omes proceedings, end in cast judgment or obey lies b, placed upon or obtained agaiust the property of the Purchases, or said panics in or as a.11 ofsuch saris or other proceedings, the Seller will at ono arse the same 1n be dissoked and discharged by giving bond or afhnwise. The Sella and his contruiors shall alre all safety precautions, famish and install all girds necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but wifhaut limitation, tlrc Occupations) Safety and Health Act of 1970 and all roles and regulations issued pursuant beater. Revised 07I2014