HomeMy WebLinkAbout493601 BRIAN HULL - PURCHASE ORDER - 9147640Fort Collins
Date: 12/26/2014
Vendor: 493601
BRIAN HULL
421 RIDDLE DR
FORT COLLINS CO 80521
PURCHASE ORDER
PO Number Page
9147640 1of2
This number must appear
on all invoices, packing
slips and labels.
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
421 Riddle 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@fcgov.com
1 LOT LS
3,150.00
150.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
s and Conditions Page 2 of 2
L COMMERCIAL DE AIL!i.
Tax exemptions. By statute We City of Fan Collins is exempt from state aad local taxes. Our Exemption Namibian
11. NONWAWER.
98-04502. Federal Heise Tax Exemption Cenificale of Registry 84-6000587 is regivertd with the Collator of
Failure of de Purchaser to frown upon strict pert sera of the temu and conditions herwf, flare or delay b
Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Starnes 1973. Chapter 39-26,114 (e).
exemice any rights or remedies provided herein or by law, failure to Promptly rmtify the Seller in the event of a
breach, the acceptance arm poymcut for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REIECTED due to failure as meet specification, either when shipped or due to defects of
any of the anomalies in obligations of this purchase order and shall not be damM a waiver of any right of the
damage in transit, may be retumM to you for credo and are not to be replaced except upon receipt of wriven
Purchaser r insist upon strict performance hereof., any of its rights or mmedie, m to any such good, tegoflless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the mmvs
Inspection. GOODS are subject to the City of Fon Collins inspection on nrtival.
hereof.
Final Acceptance. Receipt of the merchandise, .,it. or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
authorized payment oa the pan of the City of ran Collim. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual aromatic practice, overcharges resulting from antitrust
tw ACCEPfANCEis depetuponeampletion are][ Applicable requiradmspection procedures.
by the Purchas. Theretoforefor good cause and as considemfim for executing this
violations are in fact homePurchases.
purchase order, the Sell,, hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Twrmi. Shipments mus, be F.O.B., City of Fon Collins, 700 Wood Sc, Fart Collins, CO 80522. artless
sequirM under fMeml or state cannot laws for such overcharge relining m the particular good or xrvlca
alrcrwix specified m this order. Ifparrission is given to Factory freight and charge equinely, the original freight
purchased in acquired by dre Purchaser pursuant to tars purchase other.
bill most scamp ity invoice. Additional charges for packing will not it accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Drawn, Where manufacturers have dishbuting points in various pans of the came,shipment is
Ifthe Purchaser directs the Seller to Owner nonconforming or&Ierive goods by a date r be agreed upon by the
espened from the nwresr distribution point io destinmion, and excess freight will be deducted from Invoice what
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness r comply, dine purchaser
shipments are made tram greater distance.
may cause the work to be pM nned by the most expedition means available to it, and the Seller shall pay all
costs associated with each work.
Permits. Sella shall procure at sellers sale cast ell necessary permits, certificate and licenses required by all
applicable laws, regulation, ordinances and roles of the state, municipality, territory or political subdivision where
The Seller shall release the Purchaser and its commons Of my tier from all liability and claims of any nature
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
resulting from the performance of such work.
of vendor. Seller further ages to hold the City of Fact Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, tales
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
and requirements.
directors, officers and employees ofsach parry.
Authorization. All parties 0 this contract agree that the representative, are, in fact. bona fide and possess full cod
The Seller's contractual obligations, including community, shall rent be deemed to be reduced, in any way, became
complete authority to bind said parries.
such work is performed or caused,. be performed by the Purehaer.
LIMITATION OF TERMS. This Purchase Osdef exp ssity limits acceptance to the terms and conditions stated
herein son fond and any supplementary or additional terms and condition mmexM hereto or incorporated herein by
refiratce. Any additional or different terms and condition proposal by seller are objened o and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you .1 make complete shipment 1. strive on your
promised delivery date as norwL Time is of the essence. Delivery and pedaamance rant be abated within the time
stated oa the purchase car and the documenu machal hereto. No acts of the Purchasers including widows
limimtion, acceptance of panic] tale detweria, shall operate as a waiver of this provision. In the event of my delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this Order elsewhere
and holding the Seller liable for damage. However, the Seller shall not be liable for damages as a result of delays
due to causes not easonably foreseeable which are beyond its examinable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, 6overrmernal priorities, fires, strikes. Rood, epidemics, wars or
hots provided that notice of the conditions casing such delay is given to the Purchaser within five (5) days of the
time when the Seller for received knowledge thereof In the event of any such delay, the date of delivery shall be
extended I., the period eq..10 the time orally lost by reason of she delay.
3. WARRANTY.
The Seller wareanrs dust all good, articles, materials surd week wsxrM by this order will conform with applicable
drawings, specifications, sample seNor other dsriptiom given, will be fit for she purposes intended, and
Performed with the highest degree of case will competence in mcomfonce with incepted standard for work of a
similar nature. The Seller agree to hold tM purchase, hamflas form any
loss, damage or exp
ense which the
Purchaser may sulfa or boon on account of the Sellers breach of wammty. The Sella shall reflect, repair or make
gaud, without cost to the purchaser, any defects or faults raising within oar (1) year or within each longer period of
time as may be prescribed by law or by the teems ornery applicable wamnry provided by the Sella after the date of
acceptance of the god f rmished hereunder (accepo nce not to be umensonably delayed), resulting from imperfect
or defective work done or marerials burnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim order this warranty. Except as otherwise provided in this purchase order, the Sellers
liabll Ity hereunder shall extend to all damages proximately caused by the breach of coy of the foregoing wamamia
or guarantees, but such liability shall in no event include loss of profits or Ins of ere. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes in legal terms by wdm ar change other.
5. CHANGES W COMNIERC1AI, TERMS.
The Purchaser may make any changes to the tern¢, Other Than legal temp, including additiar, to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal m wrimar change order. If any such
change offers, the amount due or the time ofperfmmmce hereunder, an equitable ndjustmrst shall be were.
&TERMINATIONS.
The Purchaser may at any time by written change order, terminate this ageemem ex to my or all portiona of the
gads then not shipped, subject on any equitable adjasMem between the parties ns to nay work or materials then in
progress pru,idal ,he, the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which art the Sellers standard stock. No such lamination shall relieve
the Purchaser or the Seller Orion, artistic obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be normal within thirty (30) days from the data the change or termination u
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants Nat all goods said hereunder shall have bee. produced, sold, delivered and famished in shin
compliance with ell applicable laws and regulations to which the goods an, subject. The Seller shall execute and
deliver such documents as may ber required to effect or evidence compliance. All lower suaf regulation required an be,
neorpamted in egreemmu of this character art hereby incorported herein by this reference. The Seller agrees to
indemnify and hold the Parchnow hamdss farm all cosu and damage suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, trnfers or convey this order, or my monlcs due or to become due hereunder without the
prior won. cannot of the older party.
10, TITLE.
The Seller wart full, clear and wuafricted title to she Purchaser for all aryipment, marerials, and it. famished
in performance of quit agreemenl, Ira art clear of my was all liens, restrictions, reserv.hlons, seewiry imerem
atcumbmnces and claims crushers
14. PATENTS.
Wbenea the Seller is required to sex any design, device, menial or process covered by letter, patent hademmk
or copyright, the Seller shall indemnify and save brainless the Purchaser form any and all claims for infringement
by rason of the sex of such Formed deign, device, material in pocess in correction with the contract, and
shall indemnify the Pm<haser for any cost, expense err damage which it may he abligM to pay by reason ofsach
infringement at any time during the prosearion m after the completion of the work. In cam said alupmatt or
any pan thereof or the intended win of the goods, is to such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Pmchrow the right to continue using said equipment or parts, replan the more with substantially aloe] but
noninGnging equipment, or modify it so it beams noninfringing.
I S. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or bounce
for any of the Sellers property or business, this order y forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition of terms arms] or the mourpmation of no agrtemen, and be rights of all parties bereunder shall be
corobuM wafer and governed by the lax. ofhe State ofC.I..&, USA.
The following Additional Condition apply only in cases where the Sella u w perform work Imeunda,
including the services of Sellers Re4resentative(s), on the prrrowas ofothaa
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the some is fully completed and marled, and shall,
in au of any accident, darmction or injury to the work anmpor materials before Seller's feal completion and
acceptance, complete the work at Seller's own expense and r the satisfaction ofhe Purchara. When materials
and equipment arc furnished by others for installation or section by the Seller, the Seller shall receive, unload,
store and handle some at the site and became responsible theacfor as though such materials endow equipment
were being fumisbM by the Seller water the aide,.
I S. INSURANCE.
The Seller shall, m his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employers employe oa of in commim with the wank wverM by this purchase when,
and/or to tMir depeMmts in accordance with the taus of da suite in which the weak is an be dune. The Seller
shall also arty comprehensive general liability iraluding but sot limited to, wntracturel and automobile public
liability imuraae with bodily injury and death limits of at leans Stuck," fro any one person, 5500,00a fro any
are accident and property damage limit per accident of 5400,000. The Sella that likewise retain, his
contractors, if any, to provide finer such compmsa,ion and insurance. Before any of die Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Pmchasa with a certificate
that such compensation cad uncommon have bea provided. Such certificates shall specify the date when such
compensation and insurance have ban provided. Such certificates shall specify else date when such compensation
anal insurance expires. The Seiler agrees that such compensation and insurance shall be communed until now the
entire work is completed it ec,,t,d.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby msumes the entire responsibility and liability for any and all damage, loss or injury of my kind
or name whats«ver to person or property raued by or resulting from rise execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and bald harmless the Pareoser end any
m of of the Purcisasers officers, a,cn. and employers farm and against any and all claims, fosse, damages,
charges or expemes, whether direr or indinerr, and whether to person or property in which the Purchaser may
ber put in subject by remain of any act, action, nel omission or default an the part of the Seller, my of her
annuairm, or my of the Sellers or comactors oTfecrs, agents m employers. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time m mount in
by reason of my w4 action, neglmu, omission or default of the Seller of any of his amacmrs or my of its in
thew offers, agents or employees not aforesaid the Seller hereby agree to assume the defame therwf end to
defend the sarne at the Sellers own expenx, to pay any and all costs, One, , square, fees and.the, experus,
any and all judgments that may In moan l by or.brined against the Purchaser or any of its or their of firms.
agents or employees in such suits or other proceedings, and in case judgment or other lira be placed upon or
churned against the property of the purchaser, or said parties in or as a result ofsuch suits or other procnedings,
the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, fmish and inamll all grounds necessary for the prevention of
accidents, comply with all laws and regulation with regard to m@ty including, but without limitation, the
Ocwpational Safety coal Health Act of 1970 and all tales and regulation oauM pin armt thmem.
Revised 07,2014