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HomeMy WebLinkAbout133448 A C SYSTEMS - PURCHASE ORDER - 3215007Fort Collins Date: 01/02/2015 Vendor: 133448 A C SYSTEMS 3990 S LIPAN ST ENGLEWOOD CO 80110-4422 PURCHASE ORDER PO Number Page 3215007 1of2 This number must appear on all invoices, packing slips and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/02/2015 Buyer: Note: Line Description %Auanncy UOM Unit Price mxienaea Ordered Price t Building AC Services & Repair 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 5,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 10M.T K617- aC.1'iiR3SCI�LLFIQLLRi Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemption. By same be City of Fort Collin is exempt fm slate and Ind taxes. Our Exemption Number is 11. NONWAIVER. 984N502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 u registered with the Collector of Failure of the Purchaser to insist upon strict pert of the toms and conditions hereof. failure in delay to Internal Revenue, Derives, Colorado (Ref. Colorado Revised Samoa 1993, Chapter 39-26, 114 (a). exercise my rights or remedies provided h.in or by law, failure to promptly notify No Sella in No nsan of a breach, the acceptance, arm peymmt for good hereunder or ap mo al of the design, shall rot release the Sever of Good Rejected. GOODS REJECTED due to failure to men spaifrmtion, either wbm shipped or due to defects of my of the warranties or obligations of this purchase order and shall not be damd a waives of my right of the damage in mnsit may be rtnwed to you for credit and art not to be replaced except upon receipt of written Purchaser to insist upon strict perfomance bemofor my of its rights or remedies as to my such goods, regardless instructions form the City carport Collins. of when shipped, received or accepted, as to my prim or subsequent default hereunder, nor shall my Imported oral modification or rescission of this purchase order by the Purchaser operem n a waiver of my of the terms Inspection. GOODS we subject to the City of Fun Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, merchanges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable rcquird inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and so consideration for exemtin, this purchase order, the Sella hereby assign m the Purchases my anal all claims it may now have or Norma Freight Tenn. Shipments must be F.O.B., City of Fan Collins, 700 Wood SL, Fort Collins, CO 80522, unless acquired under fderel or state antimat laws for such overcharges rely ing m the patentor goad or services otherwise specified as this order. If permission is given to prepay freight and Charge sepammly, be original freight pambaud or annual by the Purchases pursuant as this panhese order. bill mot accompany invoice. Additional charges for locking will rot be accepte- 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whore mamfacturtrs have distributing points in various pros of the country, shipment is Irma purchaser loans the Sella to comet nonconforming or defective gaud by a date in be agreed upon by be expected form the nearest distribution point to destination, and excess freight will be dductd f Invoice when Purchaser and the Sella, and the Sella thereafter idimtn its imbiliry or unwillingness to comply, the Purchaser shipments sure made from greater distance. may cause the work to be pM ed by be moot expeditious mean available m it, and be Sella shall pay all costs assocm d with such work. Porous. Sella shall procure at sellers sole cot all necesmry pmnits, certificates and licensor requital by all applicable laws, regulation, ordinances and roles ofthe sine, municipality, territory or political subdivision where the work is perfomed, or required by any other duly constimled public authority havingjundiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, colorations, ordinances, rules and «puiration. Authorization. All parties to this contract agree that the roprewnmtives are, in fact, bona fide and possess full and complete authority m bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional temp and conditions amexd hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller pre objected to and hereby ityated, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imrmdistdy if you cannot make complete shipment to native on your Promised delivery date as noted Time is of Ne ease Delivery and performance mast be effected within the into stated on the purchase order and be documents in m and hereto. No acts of the Purchasers incNdin& without limiatim, eoreptance of pmmI late deliveries, shall opeme as a waiver of this provision. In be ever, army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order showben and holding the Seller liable for damages. However, the Sella shall not be liable for damage as a resort of delays due to causes not fearombly foreseeable which ere beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil ormilitary authorities, govemmenml priorities, does, strikes, Rood, epidemics, wars or riots provided that notice of the condition caning 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 any such delay, the date of delivery shall be extended for the period egml In the time actually lost by .am of the delay. 3. WARRANTY. The Seller warrants that all goods, miclm, materials and work covered by this order will conform with applicable drawings, spmifications, sample Not other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cane and campncnce in ancookeric with mcepted standards for work of a imilsr nature. The Sella agrees to hold the purchaser Nation from my loss, damage or expense which No Porchasm may suffera incor on account of the Sollen breach of wamory. The Seller shall replan, repair or make good, without.. to the purchaser, my der ts ar faults arising within one (1) year or what. such longer peril of time as may be prescribed by law m by the to. of my applicable war mty provided by the Sella after the due of acceptance of Use goods fimished hereunder Froo r. not m be mannishly delayed), resulting from moralism ar defective work done or materials fiunislad by be Sella. Acceptance or ere of goods by the Purchaser shall rot armtimm a waiver of my claim under this warranty. Except n m hawise provided m this purchase ceder, the Sellers liability hereunder shall extend m all damages proximately mused by he breach of my of the (ongoing wama11It. or guarantees, but such liability shall in vo event include Ins ofpmfits or Ins ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may matte my charges to be moots, other than legal terns, including addition to or deletions from be quantities originally ordered in the spaiftections or drawings, by verbal or written change order. If any such change atTecB the amount due or the time ofpefiamame hereunder, an equiable adjustment shall be made. 6. TERMINATIONS. The Purchase may at my time by women change coda, temiwte this agreement as m my or all portion of the good then not shipped, subject to my cimitable djuemat between the parries as m my work or materials win in pm@ess provided that be Purchaser shall not be liable for -any claims for anticipated profits m to, uncompleted portion of ere good smaller work, for incidental or consequential damages, and that an such adjustment be made in favor of Ne Sella with respect to my goods which arc the Sellers standard stock. No such lamination shall relieve the Purchaser or be Seller army oftheb obligations an in my good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin, (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. no Seller wommts that all good sold hereuttsler shall have ban produced, sold, delivered and fumkhed in strict compliance with all applicable laws and regulations to which be good ere ackjorL no Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulation raptured as be incorporated in agreements of this chromium are hereby incorpomtd herein by this reference. The Sella agrees to indemnify and hold 0a Purchaser mmlas tram all costs and damages suffered by be Purchaser n a result of the, Sell. failure m comply with such Ixw. 9. ASSIGNMENT. Neither party shall ensign, transfer, or coney this order, or my marriics due or to become due beremder, without be prim carmen consent ofthe other puny. 10. TITLE. The Seller warrants full, clew and unrestricted title to the Purchaser for all r tripment materials, and hens frmishd in performance of this agreement, five and deer of any and all lien, restrie ion, reservation , security interest encumbrances and claims oforhms, The Sella shall release the Purchaserand its comrenors of may tier form all liability and claims of any m[urt marring from the prof arse armor work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oflicas and employees of such party. The Sellers contractual obligations, including warranty, shall not be domed to be reduced, in my way, because such work is performed or canal to be performed by the Purchaser. 14, PATENTS. Whenever the Sella is required to use any design, devia, Normal or possess covered by later, patent, trademark or copyright, be Sella shall indemnify and save harmless the Purchaser tram my and ell claims for infringement by reason of the use of such patented design, device, material or proses in comactim with the connxt, and shall indemnify be Purchaser for my cost, expense or damage which it nay ba obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In an said equipment, or my Pan thereof or the intended use of the good. is N such an held to time infringement and the use of said auiprreut or part is enjoined, One Sella shall, at its own expense and at its option, either psacure for the Purchaser be right m continue using said equipment or pans, replace the same with substantially equal but aminfringing aluipment, or modify it m it becomes runiMinging. 15. MSOLVENCY. If the Seller shall become insolvent or bmi make an assignment for the benefit of creditors, appoint a server or trustee for any of the Sellers property or business, this nodes may forthwith be canceled by the Purchaser wiaom liability. 16. GOVERNING LAW. The definitions arteries used or the interpretation ofae agreement sod the rights of all panics hereunder shall be contim d undes mail governed by the laws ofthe State ofColomdo, USA. no following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including ere savicesof Sellers Repreambuive(s), m sbe premises oforhen. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk and the same is fully compined and accepted, and shall, in case of any accident, destruction or injury to the work anal materials Were Sellers Not completion and accepmna, complete be work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment art furnubed by others for im illation or crecom by the Sella, be Sella shall receive, unload, store and handle same at No site and become reapmslble therefor as though such materials andtor equipment were being fumisbd by to Seller under be order. 18. INSURANCE. no Seller shall, at his own expense, provide for the payment ofworkm compensation, including occupational disease bensfim, m its employees employed on or in connection with the work covered by this purchase order, mdtor to their dependents in accordance with the laws of be state in which the work 6 to be done. The Sella shall also may comprehensive general liability including, but not limited to, contractual sral automobile public liability imarsnce with bodily injury and data limits of at least S300,002) for any one person, $500,000 for my me, accident and property damage limit per accident of S400,000. The Seller shall likewise require his consit muss, Unity, to provide for such compensation used insurance. Befog my of Ne Sella a his cmuanmrs employas stall do any work upon the premises of orders, the Seller shall f ish the Purchases with a artifimte Not inch compensation anal insurance have ban provided Such cerofmtn shill specify the dare when such compensation and insurance have been provided Such certificates shall specify be date when such compunction and wo mnoe expires. The Sella agrees dot such compnwam. and insurmae shall be maintained until aRm the more work is rumple al and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assume the entire responsibility and liability for my end all damage, loss or injury army kind or nature whatscever to persons or property caused by or tainting form the execution ofthe work provided for is this purchase order or in connection herewith. The Seller will indemnify and hold mandow the Pumhaser and any or all of the purchasers officers, agents and employas from and against my and all claims, lasses, damages, charges or expenses, whether dime or indirect, and whether m persons or property to which the Purchaser may be put or subject by reason of very act, anion, oculist, omission or default on the pm of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or in officers, agents or employees in my time on amount or by realm of my act, suction, neglect, omission m default of the Sella of my of his contractors or any of its or their officers, agents or employas as aforesaid, the Sella hereby agrees m assume the defense thereof and as defect the same at tbe Sella own expntse, to pay my and all eusts, charges, attorneys fees and other cpauscs, my and all judgments that may be inserted by or obmiad against the Purchaser or my of its in thew officers, agents or employas in such suits or ether proceedings, and in case judgment or other lien be placed arms or obaivd normal the property of the Puaboar, or said parties al err is a result of such suits a No, proceaings, she Sella will at once awe the same to be dissolved and discharged by giving bard or n0erwae. The Sella snd his <onmmon shall take all safely p ssomomm, furnish and msall all guards momsmy for the provedfca of accidents, comply with all laws and regulation with regard to safety including• but without limitation. be Occupdoml Safety and Health Act of 1970 and all roles and regulations issued pursuant berms. Revised 0712014