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HomeMy WebLinkAbout133608 ANLANCE PROTECTION LTD - PURCHASE ORDER - 3215051Fort Collins Date: 01/05/2015 Vendor: 133608 ANLANCE PROTECTION LTD PO BOX 2401 FORT COLLINS CO 80522 PURCHASE ORDER PO Number Page 3215051 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 01/05/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Annual 1 LOT LS THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. ry V �I P,4 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 15,000.00 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 1. COSI ERCIALDUAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and local loans. Our Exemption Number' is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificate of Registry 84-6000587 is to womal with the Collector of Failure of the Purchaser to insist upon strict Performance of the terms and condition hereof, failure a delay to Internal Revenue, Darer. Colorado (Ref. Colomdo Revised Statute 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to meet spttifrrshom, either when shipped a, dae to der' m of any of the wam4an. car obligations of this purchase mder and shall not be deenud a waiver of any right of the damage m rant, may to roamed to you for credit and art Oaf m to replaced except upon receipt of wri om purchaser,. insist upon strict performance hereof or any of its rights or remedies a to any such goods, regardless immmtiom fiom the City of Fort Collins. of when shipped, received or accepted, as a any prior or subsequent default hereunder, cur shall my puryoated oral modification or rescission of Nis pmchnse color by she Pmcheer operate o a waiver ofmy tilde tame Inspection. GOODS are subject b the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merehandiss, services or equipment in respome to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthorixed payment an the put of the City of Fort Collins. However, it is m be understood that FINAL Seller and the Purebmer recogn've Nat in actual earacerthe practice, corm,"o moulting from it., ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations an, in fact tame by the Purchaser. Theretofore, fro good cause and a consideration for executing this purchase order, the Seller hereby assigns to the Pureheser any ad all claims it may cow have of handle, le, Freight Trans. Shipments most he F.O.B., City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522, areas acquired under fdnN or awe antitrust laws for such overcharge relating to the particular goods or services athoolia, specified oa this order. If permission is given to prepay freight and charge separately, the original freight purchased a acquired by Ne Purchssef pursuant in this purchase ordi bill most accompany invoice. Additional chortles far packing will cot be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Whace manufacturers have distributing points in various p of the country, shipment is Ifthe Purchaser dimes the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the names, distribution point to destination, end excess freight will be natured fro Invoice when Purchaser and the Seller, and the Seller Neresnar indicates its inability or unwillingness to comply, the Purchaser shipmmis are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all - an. nssaimed with such work. Pmnits. Seller shall procure at sellers axle cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the suite, municipality, ,emmry or political mbdivision where the work is performed, or required by any other duly combined public authority hiow,jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by rowan of an assured or established violation of my such laws, regulations, ordinances, roles and requirements. Authorization. All patios a this contract ngme that the representatives are, in fact, bona fide and possess full aad complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms end conditions staid herein set lath and any supplementary or additional terms and conditions annexed hereto or wcorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejeemd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifym capot make complete shipment o arrive oa your promised delivery date to noted. Time is of the essence. Delivery and Performance must Se effected within the time stated on the purchase order and the documents attached hereto. No acts of the Pradmars including, without limitation, acceptance dpartisl late delivmo, shall operate asn waiver of Nis provision In d,e evan,ofmy delay, me Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding Ne Sella liable for damages. H000 io, the Seller shall not M liable fro damage m a all of delays due to auras rat reasonably (ores ouric which art beyond its reasonable antral and without its fault of negligence, such armof God, acDofciA[ or military mdomiea, Bovarro nal Imissitio,f , strikes, flood, epidemics was or row provided pat one. of the amdidom causing such delay is given to the Purchan withw five (5) days of the time whom the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the dels, 3. WARRANTY. The Seller wmrmts that all goods, articles, materials and work covered by this order will roaf ion with applicable drawings, specification, samples iii other descriptions given, will be fit for the purposes intended, and performs] with the highest degree of care sM campctence in accordance with accepted srandards fro work of a similar nature. The Seller agrees to hold the purchaser Journal. fro any loss, damage, or expense which the Purchase may suff or incur on account ofNe Sellers breach of warranty. The Seller shall replace, repair or make good, without cos, to the purchaser, my der' n or felts mixing within one (1) yen m within such longer period of time o may he prescribed by law or by the terms of my applicable warranty provided by the Seller after the doe of mceptance of the goods Sunni hcremMm (accep ena not as be umeazonably delayed), result., from impal or defective work dom or materials fiunishd by the Seller. Acceptance muse of gods by the Formosa shall mt anstimte o waiver ofmy claim under this summary. Except is o bmaris, provided in this purchase order, the Sellers hand , bereudm shall extend to all damages proximately wend by the breach of any ofthe foregoing warranties car gmamnme , but such liability shall in no event include loss ofprofirs or has of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to Icpl terms by wrinem change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the names. other than legal terms, including affirms to or deletions from the quantities originally ordered in the speoifiwtions or drawing, by verbal or written change order . If any such change affects the amount due or the time ofperfotmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrmen change order, terminate this allotment ass to any or all portions of the goads then not shipped, subject to any equitable adjustment baween the parries as to any work or materials then in progress provided that the Pmchnser shall not be liable for my claims for anticipated profits on the uncompleted portion of thc goods and/or work, for incidental or ansauemwl damages, and that no such adjustment be made in favor of the Seller with respem to any good which are the Sellers standard stock. No such mrmination shall relieve the Purchaser or the Seller ofmy of their clih mmas. to any grads delivered Maunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mat he asserted within thirty (30) days from the date the change or termimtip is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance wid, all applicable laws and ragulariam to which the good are sn eject The Seller shall execute and deliver such documents as may be rntivired to effect or evidence compliance. All laws and counted.. required to be mcaryoratd in agreements of this character ma hereby incorporated harts by this rate=". The Seller agrees to indemnity and hold the Purchaser hvmless from all costs end damage srferd by the Purchaser as a ming, of the Sellers failure or romply with such law. 9. ASSIGNMENT. Neither party, shall assign, transfer, or convey this order, or my morn due or to become due hereunder without the prior wrinen commit of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fiunishol in perficarroure of this alimmum,, f and clew of any and all lima, renrictimis, reservations, security intent enmpbrawas and claims clatters. The Seller shall release the Purchaser and its contractors ofmy tiro from all liability and claims of any mture resulting firm the performance ofsrch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers nail employees clinch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser Siram any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof car the intended use of the goods, is in such it held as constitute infringement and the use of said equipment or prat is joined, the Seller shall, at its own expense and m its option, either procure for the Purchaser the right to continue using aid equipment or pans, replace the sane with substantially equal but non infringing equipment, or modify it so it becomes nmdnfiinging. I S. INSOLVENCY. If the Seller shall become imadvea, in bankmp . make an assignment for the benefit of creditors, appoint a receive, or trustee for may of the Sellers property ar business, Nis order may fndhWlth be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterrns mad or the wtarymation of the agrmman and the rights of all parties hereunder shall be caruwed under and gavemd by the laws ofthe Suite of Colorado, USA. The following Additional Condition apply only In where the Seller is to pert work heremder, I ncluding the services afSellers Represenative(s), an the premise of.ther, 17. SELLERS RESPONSIBILITY. The Seller shall warty on said work at Seller's own risk until the same is filly completed and accepted, and shall, in se of my accident, destruction or injury to the work anchor mmctials bed Sellers Brad completion and accepance, complete the work at Sellers own expense and in the satisfaction of she Purchaser. When materials and equipment art banished by others for installation or erection by me Sella, the Sella shall receive, proud, stare and handle same in Na site and become responsible therefor in though such materials mchm equipment were being famished by the Seller undo the abler. 18. INSURANCE. The Seller shall, at his awn expense, provide for me payment of workers compensation, including occupational disease benefits, to its employees employed on or in correctip with the work covered by this purchase order, md/or to their de ndmts in accordance with the laws of the sure in which the work is to be done. The Seller shall also carry comprehensive general liability including, bur can limited to, combrawl and amomobile public liability insurance with tidily injury and death limits of at least 5300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of 900,000, The Seller shall likewise "trim his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Finish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such o r,ewasum and imumnce have been provided. Such certificates shall specify d,e date when such compensation and insurance expim. The Seller agrees that such compenation and insurance stall be maintained until afla the entire work is completed and mceptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby minutes me entire responsibility and liability fro any and all damage, loss or injury of any kind r attire wimmover to persons or property caused by m resulting fro the weation ofthe work provided for in His purchase order or in connection herewith. The Seller will Indemnify and hold harmless the Purchaser and my r all of the Purchasers officers, ega w, and employees from and a&awat any and all claims losses damage, charges or expenses, whether direct in indirect, and whether a person or property, to which the Purchaser may h put or subject by reason of any act, action, nefort, omission or default on the part of the Sella, my of his continuous, or any of the Sellers or contractors officers, agents or employees. In ease my suit or other proceedings shall be brought against the Purchaser, at its officers, agents in employees at any time on account or by reawn of any rat ard., is lem, omission of defer, of the Seller of my of has rovrmctors fir any of its or than Jr..oagents or employees as aforesaid the Seller hereby agree to assume the defense Barrel and to defend the same an the Sell. own expome, to pay any and all cozq charges, atromeys fees sad order expenses, my ad rill judpnmm that may be incurred by in assumed against the Purchaser or any of its or Nc'u offims, agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or obuimd Wheat the property of the Ptuchaser, or said parties in or in a moult of such suits or other proceedings, the Seller will in once cause the same m ba dissolved and discharged by giving Lord or whoa .The Sella and his contractors shall take all safety pmemdmns, fiursh and wsuiu all guards necessary for the prevention of accidents, comply with all Laws and regulations with regard to salary including, but without limiution the Ocenpmimul Safety and Health Act of 1970 and all roles and regulations issud p mossa, thereto. Revised 070014