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HomeMy WebLinkAbout165027 C D W GOVERNMENT INC - PURCHASE ORDER - 3215006Fort Collins Date: 01/02/2015 Vendor: 165027 C D W GOVERNMENT INC 230 N MILWAUKEE AVE VERNON HILLS IL 60061 Date: 01 /02/2015 PURCHASE ORDER PO Number Page 3215006 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Electronic Supplies Annual 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 t��i]�IIF 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 I. COMMERCIAL DETAILS. Tax examines. By statute the City of Fort Collins is exempt from stale and loal taws. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 u registered with Me Collector of Failure of Me Purchases to insist upon strict performance of the tomes and conditions hereof, farTure or delay so hammed Revenue, Denver, Colorado (Ref Colamdo Revised Stamrm 1973, Chapter 39-26, 114 pq) exercise any rights or remedies provided herein or by law, failure to Promptly notify the Seller in the event of a br,ch, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release Me Seller of Goods Rejected. GOODS REJECTED due m failure m meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tapir, may be maimed to you for credo and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goads, regardless marathons from drc City of Fort Collins. of when shipped, received or arcepced, as to any prior or subsequent default hereunder, nor shall any purported oral mdification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspmion. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the meahxualme, samm or equipment in responu a this odes can mutt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser .,. Mar in actwl aommic psmtire, overchvgs reanlling from antitrust ACCEPTANCE. depeMmt upon completion of all applicable required inspection procedures. situations are in fact home by Me Purchaser. Thertnofore, for good amse and, consideration for executing this purchase area, fe Sella hereby rum,aw to the Puchaer my and ell claims it may now have car hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St., Fan Collins, CO 90522. unless natural undo Federal or same antitrust laws for such overcharges relating to the particular good or services otherar a specified on this order. If permission is given no prepay freight and charge separately, Me original fight punctuated or acquired by Mc Purchaser pursuant M this purchase, order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing Paints in various pans of Me country, shipment is If the Purcbuer Morris the Seller no correct nonconforming or defective goods by a date to be agreed upon by the expected form Me nearest distribution point to dedication, and excess freight will be deducted from Invoice when Purchaser and the Seller, and Me Seller member indicates its inability or unwillingness to comply, fe Purchaser shipments are made from greater dismnce. may cape Mc work 0 be performed by the most expeditious maw available to it, and the Seller shall pay all costs associated with such work. Permits. Sella shall procure at sellers sole cast all necessary plastics, cenifemes and limner exquired by all applicable laws, mu mlom, ordinances ad role, of fe scam, mmicipolity, mmmry or political subdivision whore Me work is performed, or required by my ocher duly mnstitund public authority having jurisdiction over Me work of vendor. Sella further agrees to Mid fe City of Fort Collins hornless from and against all liability and loss incurred by than by reason arm panted or established violation of my such laws, regulations, enhance, rules and requirements. Alnhurminim. All ponies to this comma, agree Mat the representative we, in fact, bona fide and possess full and complete authan y to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the 4mu and conditions stated herein sex fart and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different temp and conditions proposal by seller are objected to and hereby mjamd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT impatiently ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is prime a mee. Delivery and perfommme mute be effected within Me time sorted on to purchase order and the dacummts attached hereto. No acts of Me Purchasers including, without limitation, at. of partial Ire deliveries, IMI spasm .. waiver of this prowea om In the vent of my delay, the Purchases shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhem and holding Me Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acts ofGod, acts of civil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wins or rims provided Mat notice of the conditions causing such delay is given no the Purchaser within five (5) days of the time when the Seller first received knowledge Mena[ In the event army such delay. Me date of delivery shall be extended for du period equal to Me time actually lost by reamn of the delay. 3. WARRANTY. The Seller wmanes that all goods, articles, materials and work covered by this water will conform with applicable drawings, specifications, samples rail other daaiptiom given, will be fit for Me Proposes intended, and parformd with Me highest degree of rare and competarce in mcordsoce with accepted smndat fen wok of a similar .1 .The Seller agrees to hold the washmar harmless from my loss, damage or as,. which the Purchaser may scram incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost o Me purchaser, my defects in faults nosing within one (1) year or within such Imger period of time as may be prescribed by law or by the terms of my applicable warranty provided by Me Seller after the dam of acceptance of Me goods famished hereunder (acceptance not be unreasonably delayed), resulting from imperfect or defective work done or materials famished by Me Seller. Acceptance or me of gads by Me Purchaser ahall or constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability heremda shall extend to all damages proximately caused by the breach of any of the foregoing warranties or go r mess, but such liability shall in no event include loss of pmBts 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 change to legal terms by wnnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make nary char,, m the mans, ofer fan legal terms, including addiumn m or deletions floor the quantities originally ordered in the specification, or drawing; by verbal or written change order. If any such change meets the amount due or the lime ofijamaromce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may many time by written change order, temeinate this agreement as to any or all ponimu of Me goods Men not shipped, subject to any equitable adjtwmrnt bommin the pmia p to any work or prouni u fen in progress Provided that the Purchaser shall not be liable for my claims fen anticipated profits era the mann,lered portion of the good mkor work, fen simulated or consequential dmnaga, end that no such adjustmrnt be trade in favor of the Sella with respect to my gods which are the Sellers standard stock. No such nomination shall relieve the Purchaser or Me Sellorofmy oftheir obli maws as m my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assemed within fitly (30) days from the date Me change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Mat all goods sold hereunder shall have been Produced, sold, delivered and famished in stria compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such documents as may b, required to effect in evidence compliance. All laws and regulations required m be imrorpomted m agreements of this character are hereby inc.rporated herein by this reference. The Seller agrees to minatory and hold Me Porchaper harmleas f all costs and damages su an by Me Purchaser as a mutt of the Sellers fuhue to comply with such law. 9. ASSIGNMENT. Neither party shall assign, translm or convey, this order, or my mania due or in become due hereunder without the prior wrinm consen, of fe ofer pray. 10. TITLE. The Sella warranty full, clear and unrestricted title to Me Purchaser for all equipment, materials, and items Mouthed in Performance cirrus agtecmcnl, free and clear of my and ell Item, rmmaimts, rmervatima, secuny initial rnctmbrdnces and claims c refers. The Sella shall ml. Me Purchaser and its contmetars of any her from all liability and claims of any nature resulting from Me Performance ofsuch work. This relwu shall apply even in Me ram of fault of negligence of f< party releauxt and shall extend To Me directors, officers and employees ofmch party. The Sellers contractual obligation, including warranty, shall not be deemed to be reduced, in any way, beemem such work is performed or carved to he performed by the Purchaser. 14. PATENTS. Whenever, the Seller is required to use any design, device, moterial or .a. can by later, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by wasurn of the use of such patmcd design device, matmal or process in commotion with Me contract, and shall indemniy Me Purohmes for my tes, expepe or damage which it may be obliged b Pay by mama of such infringement m my time during the Prosecution or afta the completion of Me work, in wee said equipment, or my part thereof or Me intended use of Me goods, is in such suit held m ronsti are infringement and Me use of said equipment or hart u mjoind, the Sella shall, 0 its own expense surd ar its option, either procure for the purthasa Me right to continue using said aiuipment or parrs, replace Me earn, with subnmtially equal but naNvMnging equipment, or msli fy it sex it become mninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or battkrpt make an assignment for Me benefit of creditors, appoint a receiver or trustee for any of Me Sellers pmpeny or business, this order may forthwith be canceled by Me Purchaser without liability. 16. GOVERNING LAW. The definitions.fterms usrd or Me interpretation offe agreement and the rights ofail parties hereurWa shall he command under and governed by 0e laws ofthe State of Colorado, USA. The following Additional Conditions apply only in eases where Me Sella is to perform work hereunder, including the servicesof Sellers Repr,enmtive(s), on the r misa of ofer 17. SELLERS RESPONSIBILITY, The Seller shall tarty, on said work an Sellers own risk until the name is fully complete and accepted, and shall, in e of my accident, desbumion or i jury to Me work and/or mmerials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchuser. When mmembs and equipment art fumishd by ofna for installation or election by Me Sella, Me Sella shall receive, upload, stare pull handle same at Me site and bootee imputable importer as though such nutcriau and/or equipment were being permuted by Me Sella major Me order. 18. INSURANCE. The Sell. shall, at his own expense, provide far due paymrn, of workers a mpauaeim. including compatiomul disease benefits, to its employees employed on or in correction with the work covered by this purchase coder, pull to their deprndrnts in accordance wind Me law, of Me state in which Me wok is to be done. The Sella shall also carry compmhewive grand liability including. but not limited W. wri acNal and ..,.mobile Public liability insurance with bodily injury and death limits of at least i300.0mt for any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his comparm., if any, to provide for such compensation and insurance. Before any of the Sellersor his contractors employees shall do any work upon the premises of others, the Seller shall famish Me Pachper with a certificate that such compensation and insurance have ban provided. Such certificates shalt specify the date what such compensation and ipu mhave been provided Such cenifeatm shall specify fe data when such componotim and insurance expires. The Sella areas that such comperommis and insurance shall be nuintaimd mtil aRer fe marine wok is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby avuma Me af.e responsibility and liability fen my and ml damage, loss or injury army kind r namue whatsoever to person, or property, mused by or reselling from Me execution of the .,it provided for in this purchase order or in connection herewith. The Sella will indemnify and hold Mmdess Me Purchaser and my r all of the Purchasers .Mars, agents and employees from and agairm my and all claims, lasses, damage, charges or expenses, whether direct or indirect, and whether to permits or pmperty m which the Purchaser may be put or subject by prompt of any act, action, neglat .mission or default on the pan of the Seller, any cries contractors, or any of the Sellers or contraa.rs officers, agents or employees. In case any suit or other procedugs shall be brought against Me Purchases, or its olRcas, agents or employees in my time an uccowt or by reason of my act, action, neglat, omission on default of fe Sella of any of his contractors or my of its or Men tfront, agents car employees as of said, the Sell. hereby agrees to assume tha &ft. thereof and M defend the some at Me Sellers own capenw, to pay my and all costs, charges, a tomeys fees and other expenses, my and all judgments that may be intend by or cbtaimd against the purchaser or my of its or fen officers, agents or employees in such suits or other proceedings, and It eau judgment or other lira be placed upon or obtained against Me psolsmy of the Puchaser, or said panic in or as a result of such suits or other proceedings, Me Sella will at one came Me same to be, dissolved and discharged by giving band or otherwise. The Sells and his contractors shall take all safety precautions, famish and install all guards paecsary for the prevention of accidents, comply with all laws and regulations with regard to safety imluding, bur without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 07a014