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HomeMy WebLinkAbout104331 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9150042Fort Collins Date: 01/06/2015 Vendor: 104031 MOTOROLA SOLUTIONS INC 1307 E ALGONQUIN RD SCHAUMBERG IL 60196 PURCHASE ORDER PO Number Page 9150042 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 01/06/2015 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Jan -Mar, 2015 Service Agmt Inv. 78287374 dated 1/1/2015 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 Total Pay terms net 30 days Invoice Address: 15,937.86 15.937.86 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemp bes. BY.. the City of Pon Collins is exempt f sect, and local was. Om Exemption Number is 98-01502. Friend Excise Tax Exemption Certificate of Registry 84b00o587 is registered with the Collector or Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sumter 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped or due to defects of damage in transit, may l e renamed to you for credit and are riot to a replaced except upon meipt of admen Instructions from the City of Fort Collins. Inspection. GOODS arc subject m be City of End Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, smicw or equipment In response 10 this omen am result in authorized payment on the part of the City of Fort Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Too Collins, 700 Wood St, Fiat Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for tacking will not aaccepted. Shipment Distance. Whore manufacturers have dumbuting points in venous fans of be country, shipment is expected from the, names? distribution point to destrution, and excess freight will be dedund tram Invoice when shipments are made fmm greater resource. Pewits. Seller shall procure at sellers sole cos, all necessary Famous, cenifieares and licenses resign by all applicable law . mm alimw, ordAances ad toles mf the sum, municipality, tcnimry or political smdividwn where be work is performed, or decided by any other duly conducted public authority hacingjaridiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability ad loss armand by them by reason of an warned of wubthhed violation of my such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and pass,. fait and omplete authority to bind said parties. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance in the terms and conditions stated herein set forth and any supplementaryor additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complcae shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery und performance most W elfarail within the time surd on the purchase order and the documents attached hereto. No acts of be Purchasers including, without limitation, acrapunce of partial late deliveries, shall oamte as a waiver of this provicam. In the event army delay, the Pamhuer shall have, in addition I. other legal and equiublc donediw, be option of placing this order elsewhere and holding be Seller liable f damages. However, be Seller shall not be liable for damage as a.11 of delays due to causes not reasonably foreseeable which are beyond its reasonable c lr wl and without its fault of negligence, such acts of God, ails ofeivil or military authorities, pro mmenlal priorities, fires, strikes, Bud, epidemics, was or riots provided bar notice of be conditions causing such delay is given to be Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, be date of delivery shall be extended for the pond tyval to be time actually lost by reason of fa delay. 3. WARRANTY. Lou Seller warrants that all goads, anicles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for be purposes intended, and performed with the highest degree of care and conference in accordance with accepted sandards for work of a similar nature. The Seller agrees to hold be purchaser harmless from my loss, damage or expense which the Pumhwer may suffier or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or twits arising within one (1) year or within such longer period of time as nay be prescribed by law, or by be tams ofany applicable warranty provided by be Seller after be date of acceptance of be goods f ished hereuda (aceptans, not 10 he nmcasopibly delayed), resulting fmm imperfect or defective work done of matenau indicated by be Seller. Acceptance or use of goads by be Purchaser, shall mat constitere a waiver of my claim under this warranty. Except w oferwiso provided in this purchase order, be Sellers linbility hereunder shall extend to all damages proximately caused by be breach of my of fief going watr4nties or guarantees, but such liability shall its era m'ant include lass of profits cr low of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes an legal mmu by written change offe. 5. CHANGES IN COMMERCIAL TERMS. 'Ihe Purchaser may make any changes 1. be terms, other that legal term, including additions to or deletians fmnr the quantiliw originally ordered in the specifications or drawings, by verbal or women change .,it,, If any such change affects the amount due or be time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as m any or all portions of the goads then not shipped, subject to any amicable adjustment between the patties as to my work or materials then in progress provided but the Purchaser shall not be liable for my claims for anticipated profits on be mmmpined Portion argue goods andior work, fat incidental or comaquential damages, and that ma such djustmmt be made in favor of the Seller with respect to any goods which ae this, Sellers sunderd stock. No such mrmiration shall relieve the Pirch mar or the Seller of any ofdom oldmidow as to my goods delivered herearral— l. CLAIMS FOR ADIUSTMENT. Any claim for djustmem must be wserted within thirty (30) days fmm the, date the change or termination is offend. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereander shall have been produced, sold, delivered and famished in strict compliance wit all applicable laws and regulations m which the goods are subject. The Seller shall execute and deliver such instruments u may he requited a effect or evidence compliance. All laws and regulation required to be inmrpurated in agreements of fir character ae hereby incorporated herein by this reference. The Seller agrees 10 indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, number, or convey this order or any monies due or in became due hereunder without the prior wrinrn consent of be other parry. 10. TITLE. The Seller wenants Fell, clear and a wwdcld title to the Purchaser for all equipment, materials, and imas f ished 1n peffomance of bit agreement, fat and clear of any and all liens, resalaiom, ramarimed, savorily interest encumbuaes and claims ofofers. 11. NONWAIVER. Failure of the Purehuer a insist upon will performance argue term and ronditians hereoE failure or delay m cemmism any rights or temrdics provided herein or by law, failure to promptly notify be Seller in tbe event of a breach. be ace . of or payment for goods hereunder or approval ofthe dargq shall no, release be Seller of tiny of the commodes or obllgudians of this purchase Order and sMI not be dmnd a waiver of my right of the purchaser a insist upon strict performance treasurer any of its rights or ma dies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any amproa d oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temrs hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations arc in fact home by the Purchaser. Thereuf.re,nfor ngood cause and as consideration for executing this purchase offer, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal a state antitrust lawn for such overcharges relating m be particular goads or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchsser i ireus be Seller m correct rmaonfomdng or defective goods by is date 1. be agreed upon by the Purchaser and the Seller, and the Seiler banishes indicates its inability or w 1hrigness 1. comply, be Purchaser may cave the work a be puritanical by the most expeditious means available to it, and the Sallee shall Pay all costs assaprd with such work. The Seller shall release be Porcbamr and its wmractors of any tier fmm all liability and claims of my nature mulling from be performance of such work. This relexam shall apply even in the an, of fault of negligence of be party relerod and shall extend to the director, officers and employees ofsuch piny. The Sellers contactual obligations, including awmanty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller u rcmmadl m use any design, device, material or process cmeml by lane,, patent, trademark r copyright, the Seller shall indemnify and save harmless the Pmchaser fmm my and all claims for infringement by reason of be use of such patented design, device, material or process in connection with the contract, ad shall indemnify be Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infingement at my time during be prosecution or after be completion of be work. In caw said equipment, at my pan thereof or the intended use of the goods, is in such suit held to coustimte infringement and be use of said equipment of port is joined, the Seller shall, at its nun expense and as its option, miser procuue for be Pucalmor be tight in continue using said equipment or pans, replace be same with substantially equal bur rmninfnnging amipmenq or modify it m it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become moobent or bankrupt, make an assignment for be benefit of creditors, appoint a raeiver or tmsrm for any of be Sellers property or business, this order may forthwith be canceled by be Purchaser without liability. 16. GOVERNING LAW. The definitions of terms most or the interpretation offe agreement and be rights of all panic hereunder shall be construed under and governed by be laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of$ellers Representative(s), on be premises ofobers. Il. SELLERS RESPONSIBILITY, The Seller shall carry era said work at Sellers own risk until the same is rally completd and accepted, and shall, in case of my sccidmt, destruction or injury b be work and/or musurnau before Sellds final completion and acceptance, complete be work at Sellers own expense and to the satisfaction of be Purchaser. When materials and egtripmmt are burnished by others far installation or erasion by be Seller, be Seller shall receive, unload, stare and handle scone in be site and become responsible therefor as bough such mmenals andfr equipment were fair, fumished by the Seller anchor be Omer. 18. INSURANCE. The Seller shall, at his own expense, provide for be payment of workers compensation, including occupational disuse benefits, an its employees employed on or in connection with be work covered by this purchase order, andior to their dependence in accordance with the laws of be auto in which be work is to be done. The Seiler shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any e accident end property damage limit per accident of $400,W, The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his mntmooms employees shall do any work upon be premises of others, the Seller shall fmLsh be Purchaser with a cenificale tht such compensation and insurance have been provided. Such certlfivema shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such eomperxtatimn and insurance expires. The Seller agrees?but such competation and imumnce shall be mainuined until suer the entire work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Tbe Seller Ircreby woura , be entire respomibiliry and liability for any and Al damage, loss or injury of my kind r rarore whatsoever to persons or pmparty caused by or resulting fmm the execution ofthe work provided fat in fir purchsse under or to conocaian herewith. The Sailer will indemnify and hold Maud. be Purchaser and any or all of be Purchasers oMet., agents and employees from and against my and all claims, losses, damages, charges or expenses, wbefer direct or indirect, and whether to reasons m property to which be Purchaser may be put or subject by reason of any act, .,as, negleet, omission W default era the pan of the Seger, any of his contractors, at any of be Sellers or contractors officer, agents or employees. In case my suit or other pmcedings shall be bmu,ht cones, be Purchaser, or its arivers, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers. agents or employees as aforesaid, the Seller hereby agrees m assume the defense thereof and f defend the some at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, my and all judgments but may be incurred by or obtaind against be Purchaser or any of its or their officers, agents or employees in such was or other proceedings, and in case judgment or other lien be placed upon or obtained against be property office Purchaser, or mid parties in or as a result of such suits or other proceedings, the Seiler will at once cause be same to be dissolved and discharged by giving boral or oferwise. The Seller and his commit ms sbull rake all safety precious., but ad instill all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, be Oaup warmil Safety and Health Act of 1970 ad all toles and regulations iasud pursuant thereto. Revised Wall14