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HomeMy WebLinkAbout131291 RIA CORPORATION - PURCHASE ORDER - 9150025PO PURCHASE ORDER 915002er Page CI�/ of PURCHASE 9150025 1 of 2 ' `t ( OI I Ins his number must appear V l` Isolips n all invoices, packing and labels. Date: 01/05/2015 Vendor: 131291 RIA CORPORATION 1615 W 2200 S SUITE B SALT LAKE CITY UT 84119-1437 Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 01/05/2015 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price t PEG Equipment - Incode X One 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.00m 1 LOT LS 7,828.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 9IMMM1111r.ra �Sk=- I bTI.i Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stamte the City of Fun Collins Is exempt from maze and land taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 14-600o587 u registered with the Collector of Failure offer Pmchasa to inset upon Shia performance of the tames ad conditions hereof, failure or delay to Internet Revenue, Deaver, Colorado (Ref Colorado Revised Stmuta 1973, Chapter 39-26, 114 (a). examine any rights or remalfes provided herein or by law, failure an promptly notify the Sella in the event are breach, the acceptvicc aforpaymrnt for goads hereunder or approval ofba design, shall not release the Sella of Goods Rejected, GOODS REJECTED due to failure to am specifications, either when shipped a due to defects of ray of the warmnlies or obligations of this purchase order net shall rat be droned a waiver .1-tray right of tha damage in hansit may be retumW to you for credit and are not to has replaced except upon receipt of wrifter purchaser to insist upon street performance hereof or ray of its rights or remedies M to ray such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to ray prior or subsequent default hereunda, nor shall any pur armed oral rode fication or rescission of this purchase other by the Purchases operate as a waiver of any of the terms Inspection. GOODS are subject W be City of Fort Collins inspection on arrival. hereof. Fital Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Few Collins. However, it is 0 be understood that FINAL Sella and the Pensioner recognize that in mast[ a is pmcfice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion of MI applicable required inspection procedures. violations me, in fact home by the Purchases. Tlemofam for good cause and M consideration for executing this purchase order, the Seller hereby assigns to the Porcbasa ray and all claim it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Form Collins, 200 Wood St, Fort Collins. CO 80522, unless acquired under falwal in state antitrust laws for such coachman relating to the particular goods or Services otherwise specified oa this ord, if pemrissian is is. a prepay freight end chmge separately, the original fvi'd purcluxd or nquved by the Prembas m pmuant be the purchase order. bill mat nmmpany invoice. Additional ehaBes for packing will rat h accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Wbcre mnufact. have disrribaing points in carious pans of the country, shipment is Ifthe Purchaser directs the Seller to corten nonconforming or defective goods by a date to be agreed upon by the expected from the crest distribution prim to destitution, and excess freight will be dawned from Invoice when Purchaser and the Seller, and the Sella thereafter indicates its inability or nwilliogness to comply, the Purchaser shipments are made form greater distance. may cause the work to be performal by the most expeditious means available to it, and the Seller shall pay all costs assaimed with such work. remain. Sella shall procure at sellers sole cost all rawa sary remain, cetificates and licenses cryuired by all applicable laws, regulation, ordinances and roles of the were, municipality, territory or political subdivision where the work is perfumed, or required by any other duly constituted public amhodty having jurisdiction now be work of vender. Seller further agrees ro hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason arm asserted or established violation of any such laws, regulations, ordinances, rates and rtyamation. And oivtion. All parties to this contract agree that the representatives we, in fact, bon fide and pus sc full and complete Summary to bad said panic. LIMITATION OF TERMS. This Purchase Order apressly limits acceptance W the Most end conditions instal herein set forth and any supplementary or s dditioal terms and conditions annexed hero or incorporated herein by reference. Any addition] or different terms and conditions xv,swal by seller are objected lre net hereby fatal. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if ran cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery nd performance must be effected within the time stated on the purchase order and the documents attached 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 Purchaser shall have, in addition to other legal and equitable readies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not ha liable for damages as a result of delays due to causes nt reawnably foreseeable which art beyond its reasonable actual and without its fault ofagh,cre e, such arts of Good, acts of civil a military authorities, governmental purities, fires, Strikes, flood, epidemics, wars or riots provided Nat notice of the conditions musing Such delay is given to the Purchases within five (5) days of the lime when them Seller first received knowledge dremaf. In the event of ray such delay, the, date of delivery shall W extended fin the period equal the fire merely lost by cast ofthe delay. 3. WARRANTY. The Seller warrants but all gat articles, mammals and work covered by this order will cant with applicable drawings, specifications, samples and/or other daeiptions given, will be, Et for the purposes intended, ad performed with the highest degree of cart and contraction in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser hamlas from any lass, damage or expense which the purchaser mey sufT r or incur on account ofthe Sella breach of wamanry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time a my Im, prescribed by law or by the terms of any applicable warranty provided by the Seller after the data of acceptance of the goods fnmishN hereunder (aceptnce not to be moves anbly delayed), resulting from annalist in defeclve work done or cambia famished by the Seller. Acceptance or use of goods by the Purchssa shall not annuirute a waiver of ray clean under this warranty. Except M otherwise provided in this purchase order, the Sellers liability hereunder shall extend so all damages protimmely caused by the breach of ray of the foregoing wamntia or guarantees, but such liability steel in an event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser my make changes to legal term by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mans, other than legal terms, including additions to or deletions from the quanninses originally ordered in the sped ficntions or drawings, by verbal or written change order. If any such change affects the amour due or the time of,af anname, hereunder, an equitable adjustment shall he made. 6.TERMWATIONS. The Purchaser may at ray time by written change after, terminate this agreement as to any or all portions of the goods ten not shipped, Subject to any equitable edjustmat between the parties in W any work or materials then in progress provided West the Purchaser shall nor be liable for any claims Tot anticipated entries on the nncompletal potion of the goods read/car work, for incidental or consequential damages, and that an such adjustment be made as favor of the Sella with ouster So ray goods which we We Sellers statndard stock. No such termination shall relieve be Parchaser a be Sella of ray nftheu obligations as to ray goads delivered he muder. T. CLAIMS FOR ADJUSTMENT. Any claim for djusmmm most ha acsened within thirty (30) days from We date be change or temiraun is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants bat all goods sold himunda shall have been produced, sold, delivered and famished in sties compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold be Purchaser hemileas from all costs and damages suffered by be Purchaser M a result of be Sellers failure to comply web such law. 9. ASSIGNMENT. Neither Fray Bull assign, lansfia, or convey this order, or ray moula due in to become due hcrernder without des, prior written consent ofthe other party. 10. TITLE. The Sella warrants fall, clear and utuamctcd tide tax be Pmchna for all equipment. materials, and item famished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofo hem. The Seller shall release the Purchases and its contractors of ray tier boom all liability and claims of any nature resulting from the perfarmnce of such work. This release stall apply even in the event of fault of negligence of the party released and shall ammi Ire the directors, officers and employees afsuch parry. The Sidles commcnal obligations, including warranty, shall rat be deemed W he reduced, in ray way, because such work u pcaboud or amd to be peafomd by the Purchases. 14. PATENTS. Whenever the Sella is required be use ray design, device. material or prmoess covered by Inver, parent Seabrook r copyright, the Seller shall indemnify and Save hairless the Purthasa from any net MI claims for infingemnt by rear n of the use of such patented design, device, mtdal or pass N connection with the contrast, net shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by n arson ofsuch infringement at any time during the prosecution or after the complaint of be work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noniefinging equipment, or modify it Se it becomes nninfnging. 15. INSOLVENCY. If the Sella Mull become insahat err banknept, make an assignment for the benefit of creditors, appoint a or treasem for ray of the Sellers xmpar, or business, this order tray faMwith be canttId by the Purchasbr without liability. 16. GOVERNING LAW. The definitions oftersm used in the interpretation ofthe agreement and the rights of all prnia herender shall be construd under and governed "a laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where the Sella is W perform work bacunder, including the services of Sellers R iresentative(s), on the premise archers. 12. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and Shall, in now of any seciden, destruction or injury to the work nNor mmeials before Sellers final completion and aceptuum, complete the work at Sellers own expense and to the satisfaction of the Forchun. When materials and equipment we (umishal by others for installation or erectin by the Sella, the Sella shall receive, colors, store and handle same at the site and become responsible therefor M though such mteriah andbr equipment were being Boosted by the Sella Selo the order. 18. INSURANCE. The Sella abet, at his own expense, provide for the payment of wodrers compensation, including occupational disease benefit, to its employees employed on or in connection with the work covad by this purchase order, motor W their dependents in ncordame with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited re, contrecmal and automobile public liability insurance with bodily injury and death limits of W least $300,000 for any one person, SSW,WO for any one accident and property damage limit per accident of $400.001 The Seller shall likewise require his contractors, it any, to provide for Such compensation and insurance. Before my of the Sellers or his contractors employees shall do ray work upon the premises of others, the Sella shall famish the Purchaser with a certificate but such compensation nor insurance have been provided Such cenitimaes call specify the date when such compensation and insurance have been provided. Such caf ficame shall specify the date when such compensation and occurrence expires. The Seller agrees that such compensation and insurance shall be maintained mul after the entire work is completed and nceptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire res onsibiliry and liability for any and all damage, loos a i jury of ray kind or stare whensoever to persons or pmperty caned by or resulting from be execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify ad Told harmless We producer and any or all of We Purchasers officers, agents and employees form and against ray ad all claim, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property W which the Purchssa may be put in subject by reason of any act action, neglect, omission or default on be port of the Seller, ray of his contractors, or any of We Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against be Purchaser, or its officers, agents or employees at any time on account or by reason of any act action, neglect, omission or default of the Sella of ray of his comments or any of its or that officers, agents or employees M a[oreseid, to Seller hereby agrees to assume be defense thereof and to defend the same at the Sellers own expense, So Pay any and all costs, charges, abomeys fees and other expenses, ray and all judgments tat may be incurred by or obtained against the purchaser or ray of its or beer oticas, agents or employees in such suits or other proceedings, and in cause judgment or other lien be placed upon or obtaiad against be property of the Purchaser, or said parties in in M a result afsuch suits or other proceedings, the Sella will m once come the sane to be dissolved god diacurgd by giving bored or otherwise. The Sella and his cone arc ms shall take MI Safety precautiotss, (mesh bad inter all guard recavry for the prevention of ncideres, comply with all laws anal regulations with regard to safety inclading, but without limiation, be Occupational Safety and Health Act of 1970 and all roles and regWatiom iomd pursuant famous. Revised 09Q014