Loading...
HomeMy WebLinkAbout549392 WILLIAM LEAR - PURCHASE ORDER - 9147639PO PURCHASE ORDER 914763er Page C117/ of PURCHASE 7639 t of z ' `F6rt Collinsr This number must packing �I on all invoices, packing sli s and labels. Date: 12/26/2014 Vendor: 549392 WILLIAM LEAR 2356 STRAWFORK DR FORT COLLINS CO 80525 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12126/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Photovoltaic System Rebate 2356 Strawfork Drive 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 4,410.00 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. COMMERCIALDEfAIM. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxer. Our Exemption Number is 11. NONWAIVER. 98-Oi502. Federal Excise Tax Exemption Certificate of Registry S4OIX)0587 is registered with the Collector of Failure of the purchaser no insist upon strict performance of the temp and comilions hereof, failure or delay to Internal Revenue, Drover, Colorado (Ref Colorado Revised Statutes 1993, Chapter 39.26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the womnties or obligmioa of this purchase We, end shall not be deemed a waiver of any right of the damage in tmvsit, may be returned to you for credit and art not to be replaced except upon receipt of wonrn purchaser to insist upon strict performance hereof., any ofile rights or remedies as to any such goods, regardless instructions from the City of Fen Collins. of whom shipped, received or accepted, as to my prior or subsequent default hereunder, her shall any purported and modificadoo or rescission of this pumbase oNer by the Purehssa.pcmte as a waiver of my of tbe when Inspection. GOODS are subject to the City ofFOn Cogins inspection has huisal. hermf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this or can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fiat Collins. However, it is m be understood thot FINAL Sella oral me Purchases recognise that in actual cummmie practice, overcharge resulting from .6.1 ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations am in fact home by the Pumhews, Theretofore, for good cause and as consideration for executing this purchase .,it,. the Seller hereby assigns to the Purchaser any and all claims it may now have or heramer Freight Terms. Shipment taus, be F.O.B., City of Too Collins, 700 Wood St., Fort Collins, CO 80522, unless nequired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified oa this code, if pemission is given to prepay freight and charge separately, the original freight purchased Or acquired by the Purchase pursuant to this purchase oNer. bill taus, accompany invoice. Additional charges for perking will Out be accepted. Shipment Distance. Where manufacturers have distributing Points in visdom pans of the country, shipment is expected from the nearest distribution point to deverution, va excess freight will be deduct form Invoice when shipments are made from grata distance. Permit. Seller shall procure at sellers sole cost all axessary permits, certificates and licenses minimal by all applicable laws, regulations, unfair and rules of the state. municipality, remmry or Political subdivision where the work is performed, or required by any other duly constituted public nutheriry, havingjurifi iction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an examined or established violation of any such laws, regulations, on iromme, rules and mr,mrements. Autharizatim. All panics to Nis contract agree that the re ivern thivn are, in fact, Na. fide and possess full arm complete mtlmrity to bind said parties. LIMITATION OF TERMS. This Purchase ONa expressly limit mcrpunre to the terns and mediums stated herein tit forth and my supplementary or additional trim and conditions smexed hereto or incmpomted herein by refemme. Any additional Or di@rem ta. and conditions proposal by seller art objected to and hereby rejated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated oa the purchase maker and the documents another] hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Fictionist shall have, in addition to other legal and equitable charges, the Option of placing Nis oNer elswhem and holding the Seller liable for damages. However, me Sella shall not be liable for damages as a result of delays due to causes Out reasonably foreseeable which are beyond it reasonable cannot W without it fault of negligence, such acs of God, aces of civil or military auNonties, govemmmtal priorities, fires, strikes, Rook epidemics, wars or nuts povided 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 thereof. In the event of my such delay, the date of delivery shall be extended for the penal equal to the time actually lost by match ofthe delay. 3. WARRANTY. The Seller warrants that all grads, articles, materials and work covered by this order will conform with applicable drawings, specifications, sample andbr other descriptions given, will be fit for the purposes amended, and Performed with the highest degree of art and competence in accordance with accepted standards for work of a imilar ru,me. The Seller again, to hold me purchase, harmless from my Ions, damage or expanse whim the purchaser may sofa m i.em an recount of the Seller brgch of.,y. The Sellershall replace, legal or make Road. trillion, cos, to the purchaser, any defect or faults annng within one (1) ymr or within such longer period of time as maybe preseribed by law or by me it. of my applicable w.,y provided by the Seller after the date of acceptance of me goods famished hereunder (mong mtt not to be inconsumably delayed), resulting from impeffat Or defective work done or mmmaB famished by the Seller. Acceptance Or use of goods by the Parthenon shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall ratend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability am[] a no even, include loss of plants 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 cbmges an legal temp by wrium change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumuaz may make any changes to Net , other than legal terms, including additions to or deleticow from the quantitiesOriginallyordered in the specifications or drawings, by verbal or women change under. If any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The purchaser may at any time by wnmm change order, terminate this agreement ss to my or all portion of the goods Nen trot shipped, subject to any equitable adjustment between Ne parties as to my work or materials inI. - progteu provided that me Purchases shall no, be liable far any claims to, anticipated profits on me uncompleted Portion of the goods mdsr work, for incidental or consequential damages, and Nat no such tllustmrnt be made in favor of me Sella with respect m my goods which art the Sellers scndawl stock No such whounation shall relies, the Purchaser orate Seller of my ofineur obligations as to my goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim fro adjustment must be asserted within mire (30) days from the date the change or termination is ondered. 8. COMPLIANCE WITH LAW. The Sella warrants Out all goods sold heuunder shall have been produred, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall extent, and deliver such document we may be required 1. offal or evidrna..pit.. All laws and regula,i.m required to be ncorporated in agreements of d u character are hereby incoryomcd herein by this reference. The Seller agrees to indemnify and hold me Puohmer harmless rut all cost and damages sufraW by me Pmchsstt as a nasal, of ite Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, Or convey this under, or any monies due or to become due hereunder without the poor wriam moment of the other party. 10, TITLE. The Seller warrens full, clear and unrestricted title to tbe Purchaser for all equipmen , tuolerals, and it. furnished in pert maace of this agreement, free and clw of any and all linos, restrictiom, reservauons, security I.,. encumbrances and claims of others 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sella to correct nonconforming or defective goods by a&te to be agreed upon by the Pumhoser and the Sella, and the Seller thereafter indicater is inability or unwmlIngrress to comply, the Purchaser may ause, the work to be performed by the must expeditious means mailable In it, and the Seller shall pay all cost associated wilts sued work. The Seller shall release the Purchaser and is mmmctors of any tier from all liability and claims of any ..hire resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to Rae directors, olfiars and employers ofsuch party. The Sellers contractual obligations, including watanry, shall not be deemed to be reduced, in any way, because such work is cRomed m caused a be performed by tbe Purchaser. isk PATENTS. Whenever me Seller is required to tau any design, device, material or process covered by lever. patent, trademark or copyright, the Seller shall indemnify and save harmless the purchaser from my and all claims for infringement by reason of the use of such patented design, device, criminal or pr.ceav in connection with the contract, and shall indemnify rue Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofach infringement at any time during the prosecution or after the completion of the work. In chic said equipment, or any pan hereof or the intended use of the goods, is in such suit held to consrihite infringement and me use of said equipment or pan is enjoined, Ore Seller suall, at he own expense mad at its option, either procure for the Purchaser the night to continue using said equipment or part, replace the same with substantially equal but no dinfnngmg quipmmt, or modify it m it becomes rwninfnn,ing. 15. INSOLVENCY. If the Seller shall become insolvent or hamaupq make an assignment for the benefit of creditors, appoint a receiver or ounce for any of the Sellers properry or business, His older may forthwith be canceled by the Purchmer without liability. 16. GOVERNING LAW. The definitions oftems reed or the interpraation of the agreement and the rights of all parries hereunder shall be conswM under and governed by the laws of the State ofColomdo, USA. The following Additions] Conditions apply only in case where tbe Seller u in perform wad, hereunder, including the services of Sellers Ralmag othtive(s), On the premiser ofmhne. 17. SELLERS RESPONSIBILITY. The Seller shall carry On said work at Sellers own risk until the same is fully completed and mcepted, and shall, in u of my accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment ate punished by others for installation or erection by the Seller, me Seller shall receive, unload, store and handle same at the site and become responsible therefor as tough such commands andor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, al his own expense, provide for Oae paMand of workers mmpmsatioa including oceupmiaml ducse benefits, to it employees employed on or in amnenion with Oe work covered by this purchase order, and/or to their dependence in accordance wire me laws of Ne state in which the work u to be done. The Seller shall also carry comprehensive general liability including, but rot limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall 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 ce tificare that such compensation and insurance have Noun provided. Such anificates shall specify the date when such compensation and minativence have been provided. Such cenifiame shall specify Use date when such compensation and imtuance expires. no Sella agrees that such compensation and insurance shall be maintained and after the retire walk is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumer the entire responsibility and liability for my and all damage, lass or injury ofany kind or nature whatoever to person or property caused by or resulting from the execution ofthe work provided for in this purchase ranter or in connection herewith. The Seller will indemnity and hold harmless the Purchaser and any or all of the Purchasers officials, agents out employees from end against any and all claims, losses, damages, charges or expenses, whether direct or Indirect, and whether to Persons or property to which the Purchaser may be put or subject by reaon of my act, nation, ncglaL omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my sit or other p xedings shall be brought ii,mrst the rhhfi a, or it.Rcers, agais or employees at my time on accoin, m by season of my mL action, mglaL omission or default of the Seller of my of his conhanors an my of it or their olBcers, agent or employers m of aid. the Sella hereby agrees to assume the defense mermf sad to defend the came at me Sellers own cxpeme, to pay any and all hiss, charges, mot nnys fees and other expenses, any and all judgments that may be incurred by or obtained against the Pmebzser or any of is On their officers, agents Or employees in such suite 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 of such suits or Other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othemdu. The Seller and his contractors shall take all safety precau fins, famish and insell all guards nmesary for the prevention Of accidents, comply with all laws and regulations wire regaN to safety including, but without limitation, me Occupational Safety and Halm Act of 1970 and all tales and regulatons issued pursuant da mo. Revised 072014