HomeMy WebLinkAbout107643 ZEE MEDICAL SERVICE - PURCHASE ORDER - 3215036Fort Collins
Date: 01/02/2015
Vendor: 107643
ZEE MEDICAL SERVICE
5301 PEORIA ST UNITE E
DENVER CO 80239-2325
PURCHASE ORDER
PO Number Page
3215036 1012
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
Delivery Date: 01/02/2015 Buyer:
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Safety 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@fcgov.com
1 LOT LS
2,000.00
Total $2,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax cxcmpfiom. By stazule the City of Fon Collins is exempt for sate and beret Iaxes. Our Exemption Number is
11. NON WAIVER.
98L 502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with a c, Collector of
Failure of the Purchaser to Man upon Main performance of the temas end wnditians hereof, random or delay to
formal Revenue, Dmmar, Colorado (Ref. Colorado Revised Stories 1973, Chapter 39-26. 114 hq)
exercise any rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a
breach, the notorimre of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected, GOODS REIECTED due to failure a meet specifications, either when shipped or due to defects of
MY of the warranties or obligations of this purchase order anal shall not be deemed a waiver of any right of the
damage in transit, may be, returned to you for credit and art not 0 be replaced except upon receipt of written
purchaser to insist upon strict performance hereofor any of its rights or remedies as to my such goods, regardless
instructions from the City of Fan Callim.
of when shipped, received or accepted, as to any prior or subsequent default heremdm, nor shall any puryoned
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terns
Inspection. GOODS am subject to the City of Fon Collins irspation on arrival.
hereof.
Fiat Acceptance. Receipt of the merchandise, services or equipment in eeporse to this older can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pun of the City of Fort Collins. However, it is to be understood that FINAL
Seller sal the Purchaser recognize fast in actual aromatic practice, ovemlean us resulting from antinust
ACCEPTANCE is dependent upon complaim ofill] applicable required impectim Procedures.
violations are N fact home by the Purchaser. Theremfore,for goad cause and as mraidemtion for executing this
purchase older, the Seller hereby assigns m the Purchaser any ate all claims it rmy now hass of hereof n
Freight Timm. Shipments mast be F.O.B., City of ran Collins, 90o Woad St, Fort Collins, CO 80522, ..It.
acquired under fedml or state antitrust laws for such overcharge relating as the particular goods or smices
otherwise specified on this order. If prnnusion is given to prepay freight and charge separately, Ne original freight
purchased or acquird "a Purchaser pursuant to this purchase order.
bill must accompmy invoice. Additional charge for packing will not ba accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS,
Shipment Distance. Where manufacturers have distributing points in us pans of the country, shipment is
If the Purchaser directs the Set ler to correct nanmuforming or defective goods by a&te to be agreed upon by the
expected form the nearest distribution palm to destinalma, and excess freight will be &dueled from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made form greater distance
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sale cost all necessary Remains, certificates and licenses captured by all
applicable laws, regulations, ordinances and rules of fie state, municipality, mrthory, or political subdivision where
the work is perfnaned, or martinet by my other duly mrstimud public authority luvingjurisdiction over the work
of vector. Seller Ounce, agrees m hold the City of Too Collins hammlesa from and against all liabiliy and loss
incurred by them by reason of an aauned or established violation of any such laws, negotiators, ore irences, roles
and requirements.
Authorization. All parties to this contract agree not the representatives art, in fact, bore fide and possess full sal
complete aulhony a bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional mans and conditions annexed hereto or incorporated herein by
reference. Any additional err different terra and condaims proposed by seller art Objected ro and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to Move as your
promised delivery date as noted. Time is of the esserue. Delivery aml perfomumce must be effected within the time
stated on the purchase order and the document attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall Operate as a waiver of this provision. In the event of any daily,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and bolding the Seller liable for damages. However, the Seller shall not be liable far damages as a result of delays
due to muses not reassembly foreseeable which on, beyond its reasonable control and without its fault ofrcgligenc
such acts of'Gd, acts ofcivil or military authorities, governments] priorities, foes, strikes, food, epidemics, wars or
riots provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the
time when me Seller fiat raeived knowledge memo[ In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actual ly lost by reason of me delay.
3. WARRANTY.
The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable
drawings, specifications, sample and/or other descriptions given, will be fit for the purposes intended, and
pri ed with the highest degree of we and compnems in accordance wit accepted smvdudz for work of a
similar made. The Seller ag,em to held the purchaser harmless form any loss, damage or apeme which the
Purchaser may sutler or incur on account of the Sellers breach of wamany. The Seller shall replace, repair or make
good, without cost to me pun:lamen, any defect or fours arising within one (1) ymn or within such larger period of
time as may be preuTibed by law or by the terms of my applicable wamany provided by the Seller after Ile date of
accept an. of ffe goods fiunished heteunda (acceptance not to be unreasonably delayed), resulting form imperfect
or defective work done or Materials famished by the Seller. Acceptance or use of goods by me Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include two ofpmms or loss of roc. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal reams by writen change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the terms, Other than legal terra, including additions to or deletions from
the q-.,an- original, ordered in the spaiftenniom o1 dco ings, by varbal or wrnen change alder. If any such
change affects me ammml due or the time of,cores ancom hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by wdnen change order, tentative this agreement as to my or all portions of me
goods then not shipped, subjet to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated plait on the uncompleted
portion of the goods M&or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with oepea to any goads which ate the Sellers smndand stock. No such temousa on shall relieve
the Purchaser or the Seller crony of their obligations as 0 my good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjmnnmt meet b, assured within thirty (30) days form the date the change or teemiiandon is
ordered
8. COMPLIANCE WITH LAW.
The Seller warrant that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and millionaires to which the goods me, subject The Seller shall execute and
deliver such docummis az may be, required to effect or evidence compliance. All laws and mplatmes required to be
incoryumted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees 1a
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, trander, or convey this orM, or any mania due or to became due heremder without the
prior oft en.1 ofth, other my.
Ill. TITLE.
The Seller wamnts full, awn and unresarictd tide 1. the Purchaser far all equipment rmrerials, and it. fumisMd
in performance of this agreement five and clear of my ad all form, fatriniam, Msmntions, security interest
encumbrances ad claims of orders.
The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature
malting from the perfomamM crouch work.
This Mlease shall apply even in the, event of fault of vegligeme of the pony released] and shall extend to the
directors, officers aed employees ofsuch henry.
The Sellers contcmal obligations, including wmmnty, shall not be darned a be, reduced, in any way, because
each work is performed or caused to be performed by the Purchaser.
14, PATENTS.
Whenever the Seller is required to use my design, device, material or process covered by letter, patent, trademark
r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of me use of such patented design, device, material or procex in cormections with she contract, add
shall indemnify $e Purchuma for any cost, expense or damage which it may be obliged to pay by Mason of such
infringement at any time during the prosecution or after me completion of she work. In case said equipment or
any pan matter Of the intended use of the goods, is N such suit held in mandate Infringement led the use of
said equipment or pan is enjoined, the Seller shall, at its awn expense led at its option eimer procure for the
Purchaur the right to continue using said equipment or port, orifice the Moe will substantially equal but
nanihfringrem equipment, or modify it m it eaomas noninfriming.
15. INSOLVENCY.
If the Seller shall became insolvent or bsals tt, make an msignmenl far Ne benefit of modim s, appoint a
receiver or trustee for any of the Sellers property, or business, this order may foncwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
Tha &Ford. ofit. asd or the interpretation of me ".a. and this, rights of all parties hereunder shall be
corsvud trader and govemed by the laws of the State ofColamdo, USA.
The following Additional Conditions apply only in cases where the Seller is in pert work hereunder,
including the servicec of Sellers Repreacnmdve(O. on frc premise ofolhrs.
19. SELLERS RESPONSIBILITY.
The Seller shall any on said wade in Sellers own risk until the same is fully completed and accepted, tad shall,
in case of my accident, destruction or injury to the work aedlor maerials bef Seilds final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are famishd by others for installation or erection by the Seller, the Seller shall receive, unlo d,
store and handle same at the site and become responsible therefor w though such mount andfor equipment
were being fumishd by the Seller under the older.
18. INSURANCE.
The Seller shall, m his own ex same, provide far the payment Of workers compensation, including acupatioml
disease benefits, at its employees employed On or in ..a... with the work coveted by this Ogrehsu order.
andto, to mein dependent in moordmea with the laws of the store in which Ne work is 1. Ise done. The Sale,
shall also cant comprehensive general liability befi g, but not limited to, contracnal and automobile public
liability ias-- wish Mail, injury and death limits Of. least S300.000 for my oce Anson, S500,00h for my
one accident and property damage limit per incident of S400,t100. The Seller shall likewise require his
conhanors, if any,,. pound. far such compemauon ate income . Before my of me Sellers or his ccionsc ns
employees shall do my work upon the premises of offers, the Seller shall famish the Purchaser with a certificate
that such compensation and imumae have been provided. Such cenificares shall specify the dam when such
compensation and insurance have been provided. Such certificauo shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
N. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella lsneby assumes the entire ma,min ibiliry and liability farmyard all damage, mss or injury of my kind
moue whatsoevu m pera x o, pmpery auud by err resulting form Ne exemtim of the wade provided for in
this purchase maker or in correction herewith. The Seller will indemnify aid hold hmmless me Pumhascr and my
or all of the Purchasers officers, agents and employees f oral agaiml my and all claims, losses, damages,
charge or expenses, whether diner of indirtq and wheher to persons or property,. which the Purchaser troy
be pus or subject by reason of my act action, neglacl, omission or default not thc pan of the Seller, my crisis
courn hors, or my of else Sellers or mouacsnrs oRcets, agent or employees. In cave my suit or other
proceedings shall he brought eg.i., me Purchaser, or its aRcas, agents or employees m my time on account of
by rasm of any act, action, neglect omission or default of the Sella of any of his contractors ar any of it or
their ofcers, agents or employees as aforessid, the Seller hereby ogre. 1. assume the defense thereof and to
defend the same at the Sellers own expense, On pay my and all costs, charges, attorneys fees and other expenxs,
my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their offices,
agents or employees in such suits or omen proceedings, and in case judgment or other lien be placed upon or
obtained against the property of me Purchom, or said parties in or as a result of such suits or other procaedings,
the Sella will al ems cause the same I. be dissolved and discharged by giving bond or omerwdse. The Seller and
his contractors shall take all safety precautiem branch and install all guards decessary for the prevention of
accidents, comply with all laws send regdafiew will Mgard to aafcry including, but wimmt limiator, Ile
Ompatioml Safny and Health Act of 1970 and all roles ate regulations issued pursuant macaw.
Revised 07R014