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HomeMy WebLinkAbout482454 NATIONWIDE POWER SOLUTIONS INC - PURCHASE ORDER - 9150046Fort Collins Date: 01/07/2015 PURCHASE ORDER Vendor: 482454 NATIONWIDE POWER SOLUTIONS INC 1060 MARY CREST RD HENDERSON NV 89074 PO Number Page 9150046 1o12 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/07/2015 Buyer: ED BONNETTE Note: PER PROPOSAL #NPS07038 DATED 12/24/14 FROM SHANNON FALLER TO JOHN HUSTED. Line Description Quantity UOM Unit Price Extended Ordered Price L&P WATER UPS - LAPORTE AVE 1 LOT LS 3,641.46 12 MONTHS MAINTENANCE NATIONWIDE POWER QUOTE#NPSQ7038 - 12.24.14 12 MONTHS UPS MAINTENANCE TERM: 2/1/15-1/31/16 2 IT UPS -WOOD ST/MASON ST 12 MONTHS MAINTENANCE 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 9,089.31 Total 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 1. COSTMERCIALDEfA1LS. Tax exemptions. By statute the City affirm Calls. or exempt fmm state and local tarn. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certifiers, of Raginry 84-6000587 is registeded with the Collector of Failure of the Purchaser to insist upon strict paf ormare of the terms and conditions hereof, failure or delay in Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 ad. 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 specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be d-md a waiver of any right of the damage in tmmit, ray he assumed to you for credit and art 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 instructions fmm the City of Foc Collins. of when shipped, received or accepted, as N any prior or subsequent default hereunder, mar shall any purposed and modification or rescission of Nis purchase order by she Purchaser operaa as . waiver of any of she terms Inspection. GOODS ace subject to the City of Fort Collins impaction on arrival. h=eaf. Final Acceptance. R-cipt of she merchandise, services or equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on Oc pan of she City of Fact Collim. However, it is to be understood Out FINAL Seller and the Purchaser recognize that in actual ec rate practice, overcharges resulting fromantitmn ACCEPTANCE is dependent upon completion ofall applicable national! dispersion procedures. violations arc in fact home by the Purchases. Thereretofonfor good cause and as consideration for executing this purchase order, the Seller hereby resigns N the Purchaser any and all claims it may now have or hereafter Freight Perms. Shipments mast be F.O.B., City of Fort Collins, 700 Wood St., Pon Collins, CO 80522, unless acquired under federal or stale antitrust laws for such overcharges relating to the particular goods or services m1mrwlse specified on this order. If permission is given to prepay freight and charge separately, the original freight pardoned ed or acquired by she Purchaser pursuant to this purchase order. bit must accompany invoice. Additional charges for Packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacrwers have distributing points in... pans of the country, shipment is His, Punctuator directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by she opened fmm the owners distribution Form to destruction, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates ism inability or unwillingness to comply, the Purchaser shipments art made Gam grater dismiss. may cause the work to be performed by the most expeditious ream available to it, and she Seller shall pay all cons wociatd wish such work. Pesmits. Seller shall procure as sellers sale cost all menvry pennies, certifientes and licenses required by all applicable laws, regulations, ordieances end tales of she stem, municipality, radio, or political subdivision where the work is performed, or required by any other duly consorted public authority havingjimadiction over the work of vendor. Seller further agrees to hold the City of port Collins hamdess from and against all liability and loss inctinal by them by reason of an awned or established violation of any such laws, regulation, ordinances, rules and requirements. Authorization. All inches to this commm agree Nat the repmsenmtives art, in fact, Was Ode and possess fall and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to she teas and conditims stated herein set hoed and any supplementary or additional terms and conditions annexed hereto or incorporated herein by defecate. Any additional or different Isms and..&,a.. pmpmd by aullor are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase usher and the documents altachd herein. No cars of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operam as a waiver of Nis provision. In the event ofnny delay, the Purchaser shall have, in addition m .,he, legal and equitable comedies, the option of placing this order elsewhere and holding she Seller liable for damages. Howeveq the Seller shall not be liable fen damages as a result of delays due to muss not wasonably Roundtable which are beyond its reasowble control and willing its fault ofnegllgence, such acts of God, acts i (dirt or military authorities, gov.surnal troubles, les, Cues, makes, Road, epidemics, wars or riots provided that notice of the conditions causing such delay is given to she Fumhases within five (5) days of she time when she Seater first received knowledge thereff. In she evens of any such delay, she date of delivery shall be extended far the period equal to she time actually lost by season of the delay. 3. WARRANTY. The Seller warrants that all goods, Sandia, materials and work covered by this order will conform wish applicable drawings, specifications, samples and/or other descriptions given, will be lit for the purposes intended, and performed wish On highest degree of care and competence in accordance wish accepted standards for work of a similar nature. The Sella agrees to hold the purchaser handeas from any loss, damage or expense which the Purchaser may suffer or incur ma ocean., of she Sellers breach of mwi The Seller shal rtplxe, repair or make good, wound cost to she purchaser, any defects or Road arising within ace (1) year m within such longer period of time as may be accountant by law or by she toms, ofnny applicable warranty provided by she Seller after rise date of acceptance of she goods Branched Imemndtt (acceptance not to be unreasonably dolayrd), emitting from imperfnt or defective work done in materials famished by she Seller. Acceptance or we of goods by the Purchaser shall tent constitute a waiver ofnny claim aides Nis wamnry. Except as othervdse provided in Ns purchase order, the Sellers liability hereunder shall extend to all damages pmximamly caused by the breach of any of the foregoing warmntin or guammees, but such liability shall in no event include lass of profits or loss of vse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchasers may make changes m toga terns by women change Doctor 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any change to the tams, other than legal same, including addition to or deletions fen she quantities originally orderd in the specifiatiom ar Onsings, by veNal or women change order. If any such change affects are amount due or she time ofperformande hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purcbaur may at any time by written change order, terminate this agreement as to any or all portions of she goads then not shipped, subject to any equitable adjustment between the Fund', as to any work or arsenals then in progress provided Nth the Forehand shall not be liable for any claims for anticipated pmfio on the uncompleted portion of she goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of she Sella who respect to any goads which m she Sellers standard stock. No such termination shall relieve the Purchaser or the Sell=of any oftheir obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjusmnmt most be asserted within shiny (30) days fmm she date the change or tafrimtion is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goals sold Immortal shall have been produced, sold, delivered and fumished in sad omplincen wish all applicable laws and regulations to which she goods am subject The Scia shall execute and deliver such dodaanenm 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 Sella agrees to indemnify and hold she Purchaser hvmleca from all cosh and damages suffered by the Purchaser as a result of she Sellers failure to comply what such law. 9. ASSIGNMENT. Neither pity, shall assign, transfer, or convey this order, or any monies due or to become due hercuder without she prior written consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liem, msactions, reservations, security interesr encumbrances and claims of mhra. The Seiler shall release are Purchaser and its conlmaors of any ties firms all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, oRcers and employees nfsuch Party. The Settees conardual obligations, including candenry, shall not be domed to be reduced. in any way, because such work u performed or caused 1. be pecriminal by the Pudehand. 14. PATENTS. Whenever the Seller is rryuired to use any design, device, mmerial or process covered by loner, patent. trademark id copyright, the Seller shill indemnify and save harmless the Purchaser from any adds all clams for infringement by arson of she use of such patented deign, de, ice, material or process in connection wit, the words and shall indemnify she Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution m after the completion of the work. In case said equipment, or any pan therm( or the intended use of the goods, is in such .it held m constitute infringement and the as, of said equipment or pan is enjoined, the Seller shall, at its own expense and at as option either procure for are Purchased the right to andrum using said equipment or parts, replace she scene wit, substantially equal but noninGinging equipment, or modify it air it becomes rammufn'nging. 15. INSOLVENCY. If the Seller shall become imsolvent or bookon, make m assignment for the beoefil of creditors, appoint a receiver or niece for any of the Sellers pommy, or bmw¢s, this order may forthwith be canceled by she Purchaser without t liability. 16. GOVERNING LAW. The definitions oftenns used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be combined under and governed by the laws ofthe Stem of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to peRom work hereunder, including she said. of Sellers ReprtsenNtivi O), on she promises of.thers. 17. SELLERS RESPONSIBILITY. The Sells shall wny an said work in Settees own risk.. the same is fully completed and accepted, and shal, in eau of any accident, dowels.. or injury to the work suall materials before Sellers final completion end accepame, complete she work at Sidles own expose and to the satisfaction of she Purchaser. When materials and equipment are fiwuh d by others for installation or motion by the Seller, she Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being f smishd by the Seller motor the order. 18. INSURANCE. no Seller shot[, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, m its employees employed on or in correction with she work covered by this purchase order. entVor to their dependents in accordance with de, laws of she state in which she work is so be done. The Seller shall also ray comprehensive general liability including. but not limited as, condiment and wummobile public liability insurance wish bodily injury end drth limits of a leans S300.00o for any one person, 5500,000 fen any one accident and property damage limit per accident of 5400.000. The Seller shall likewise require his commands, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premise of others, she Seller shall furnish the Purchaser with a cmifirle Nat such compensation and insurance have been provided. Such certificates shall specify the dime when such ompensmion and insurance have been provided. Such certificates shall specify the auto when such compensation and insurance expires. The Seller agrees shot such compensation and insurance shall be maintained until after she entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. no Sella hereby assumes the entim responsibility and liability for any and all damage, loss or injury sandy kind in mtude wbaassever to person or property caused by or resulting fmm she excitation ofthe work provided for in On purchase order or in connection herewith. The Seller will indemnify and hold hawless the Purchsstt and any r all rifts, purchasers mllood, agents and employ-, from and against any and all claims, loss, damages, charges or expenses, whether direct or sadness, and whether in pensmu or pmpedy to which are Purchaser may be put or subject by wassn of any net, action, neglorq omission or default on the Part of she Sella, any of his contractors, or any of the Sellers ar contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of she Seller of any of his contradors or any of its or their oRcers, agars or employe. as aforesaid, the Seller hereby agrees m assume the defame thereof end N defend ate came At the Sellers own expense, so pay any and all tout, charges, sommeys fees and other expenses, any and all jWg Ma Out may be incurred by AT obawed against she Purchaser or any of its or their oRcers, agents or employees in such suits or other Proceedings, and in case judgment or other lim be placed upon or obtained against the property ofthe Purchaser, or said parties in or. a result of such suite or other p rect dings, she Sella will at once cane to same w be dism d wall disehar al by giving band or otherwise. The Sella and his contractors shall sake all safety precautions, furnish and install all gumds necessary for the prevention of accidents, comply with all laws and regulations wish regard m safety including. but without limitation, the Occupational Safety and Health Act of 1970 end all tales and regulations used pursuant thereto. Revised 07R014