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HomeMy WebLinkAbout104989 JAMAR TECHNOLOGIES INC - PURCHASE ORDER - 3215093PO PURCHASE ORDER 321509er Page City. of 3275093 1of2 ' `t/ of Ins This number must appear ` V ` on all Invoices, packing �slipsand labels. Date: 01/09/2015 1 Vendor: 104989 Ship To: TRAFFIC OPERATIONS JAMAR TECHNOLOGIES INC CITY OF FORT COLLINS 1500 INDUSTRY RD, STE C 626 LINDEN STREET HATFIELD PA 19440 FORT COLLINS CO 80524 Delivery Date: 01/09/2015 Buyer: Note: Line Description Quantity Ordered UOM Unit Price Extended Price Counter Repair Supplies 1 LOT LS 5,000.00 Annual I Total 1 $5,000.00 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.com Pay tirms 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. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fon Collins is exempt from safe and local taxes. Our Exemption Number e 98-04502. Federal Excise Tax Exemption Certificate of Registry 84.6000587 is r Mourrod with the Collector of Interco Revenue, Denver, Colorado (Ref. Colorado Revised Somme, 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to faihue to meet specifications, either when shipped m due a defects of damage in transit, may be renamed to you for credit and are trot to be replaced except open receipt of wrinen instructions from the City ofFon Collins. Inspection. GOODS art subject to the City affair Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authonmd payment on the pan of the City or ran Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection prmedires. Freight Terms. Shipments miss, be F.O.B., City of Fiat Collins, 200 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order ff permission is given to prepay freight and charge separately, the original freight all must accompany invoice. Additional charges for packing will not be accepted. Shipment Durance. Where manufacturers have demanding points in various pans of the country, shipment is expected from the nearest distribution From to destination, and excess fright will be deducted tram Invoice when shipments me mode from greater distance. Permits. Seller shall measure at sellers sole con all na ., permits, certificates and licema required by all applicable laws, oplatimss, ordinances and rules office some. municipality, territory or political subdivision where the work is performed, an required by any older duty camtimted public authority hasingjImSdietion aver rue work of cracker. Seller fuller agrees to held the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an wanted or established violation of any such laws, regulations, ordinances, roles and requiremenu. Authorization. All parties b this contract agree that the representatives are, in fact, bow fide all possess full and on,lem authority to bind said monies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and con li ans sited herein set forth and any supplementary or additional terms and conditions annexed hereto or incopomted herein by reference. Any additional or different terms and conditions propose) by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchase including, without limitation, acceptance of pmlal late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable marshes, the option efplacing this order elsewhert and holding the Seller liable for damages. However, the Seller shall not be liable for damages no a messed, of delays due to rouses not measurably fineueable which are beyond its rewowble central and without its fault ofn,figence, each acts of Goo, acts ofcivil or military authanties, gmammental Priorities, fires, strikes, fiooJ, epidemic, wars car now provided that notice of the conditions coming such delay is given to the Purchase( within five (5) days of the time when due Seller first received knowledge thertnf. In the event of my such delay, the date of delivery shall be extended far the patios egwl to the time acandly Ina, by reason mffe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, sFecifiestiom, samples mdror other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted maintains for work of a similar ndure. The Seller agrees to hold the purchaser harmlccs from any loss, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make gaud, without cost o the purchaser, my defects or faults arising within one (1) year or within such longer period of time w may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goads famished hereunder (acceptance not to be uno asombly delayed), resulting from imperfect or defective work done or mdmiah famished by fie Seller. Acceptance or use of goods by the Pas chaner shill not constitute a waiver of any claim under this worried, Except as otherwise provided in this purchase order, the Sellers liability hereunder shall amend a all damage proximately cowed by the breach of any of the foregoing warranties or Stainless, but such liability shill in no event include lass of profits or Ids 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 legal mom by women change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may Crake any changes m the mom, argue, tMn legal terms, including mdumna to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change alTccts the amount due or Om time ofperfacon. hereunder, m equitable adjustment shall be made. 6. TERMINATIONS. The Purchaer may at any time by written change order, terminate this agreement as, to my or all portions of the goods then not shipped, subject to any, equitable ndjustment between the panties as many weak or material, risen in progress provided that the Purchaser shall oat be liable for any claims In, anticipated profits on the uncompleted portion of the goods -W., work, for incidental or crmm uenlial damages, and that no such adjurtment be made in favor of the Seller with respect in my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army oftheir obligations m to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment now be assented within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall boor been produced, sold, delivered and fmishedm strict compliance with all applicable laws and regulations; to which the goods are subject The Seller shall mmm and deliversuch documents as may be requred on effect or evidma cempllance. All laws and regdatiom requiredw be ncoryemted in mmum. of this character are hereby incorporated mom by this commee. The Seller agrees on indemnify and hold the lsmwhwer broad ss Bum all emu and damages; suReed by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall scalp, handle, or convey this order, or my monies due or a become due hereunder without the Prior He. consent ofthe other parry. 10. TITLE. The Seller warrants full, clear sod unrestricted tide to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of my and all Item, restrictions, reservations, security internal encumbrances and claims of others 11. NONWAIVER. Failure of the Purchaser W imist upon strict perform e arose terms and contracts hereof, failure m delay to emrem any rights we remedies provided herein or by law, failure to promptly notify the Sella in the esmt of a brwch the acceptance arm payment No goods hereunder in approval ofthe daig, shot not release the Seller of my of the anomalies or obligations of this pencham order and shall not be deemed a waiver of any right of the purchaser 1. insist upon spin performance gereafor my of its rights m remedies m to any such goods, regardless of whm shipped, received m accepted, as a my prior or subsequent default hereunder, nor shall my Imported real modi Evident or rescission of this purchase order by the Purchaser room, w a waiver of my of due menu hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from unionist violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the Particular goods or services purchased or acquired by the Purchaurpursmnt to Nis purchase order. D. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Seller to correct nonconforming or defective goods by a dam to be agreed upon by me purchaser end the Seller, and the Seller thereafier iodinates its inability or unwillingness m comply, the Purchaser may cause the work to W peRarmed by the most expeditious meow available an it, and the Sella shall pay all cants msmiamel with such wok. The Seller shall release the Pumbwer and its contmcters of my ties from all liability and claims of my metre resulting from the perwar race of such wok. This release shall apply even in the event of fault of negligence of the pray released and shall extend to the directors, aMem and employees ofmch party. The Seller's contractual obligations, including warranty, shall not be deemed a be reduced, in any way, because such 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 or copyright, the Seller shall indemnify and save harmless the Purchaser from any and al I claims for infringement by noon of the we 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 be 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 part thereof or the intended use of the goods, is in such suit held to cowtimte infringement and the we of said equipment or Pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right a continue wing said ryuipmmt or pros, replace the mine with substantially equal but noninGnging equipment or modify it so it becomes min imaging. 15. INSOLVENCY. If the Seller shall became Hoolver, or bankrupt make an amipment for the benefit cf crediars, appoint a miniver or water for any of the Sellersprogeny or bssimans, this maker may faMwiN be cxnnled by the Purchaser without liability. to. GOVERNING LAW. The definitions of toms rod cache interymetatimi efRa agreement all the rights of all parties hertuvM shall be constmed under and governedby the laws of the State ofColamdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represevdtive(sJ, on the premises archers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Sellers own risk until the some is fully completed and accepted, and shall, in case of any accident, destruction or hijury to the wok and/or materials before Sellers final completion and acceptance, complete the wok at Sellers own expense and to the satisfaction of the Purchmer. When materials and equipment are f ahed by others for installation or erection by the Seller, the Seller shall receive, unlwd, store and handle name at the sire and become responsible therefor w though such mated b and/or equipment were being forward by the Seller under the order. 18, INSURANCE. The Seller shill, at his own expense, provide for the payment of workm compensation, including occupational disease benefits, to its employees employed on or is comedian with the wok covered by this purchase order, .Nor a their depndma in accordance with the laws of the stain in which the wok e is be done. The Seller shall also carry compreheaiv, general liability includin& but rot limited to, conteaclml sad automobile public liability insurance with bodily injury and denda limits of at least 53W.000 for my one perso, S5W,000 for my one incident and property damage limit per accident of SM". The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of fie Sellers in has contractors employees shall do my wok upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenificares shall specify the date when such mmpenmtion and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance expires. The Seller agrees that such compensation and mummer shall be mainesined until ether the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the moire responsibility end liability far any and all damage, has or injury rfany kind or nature whatsoever to persona or property, caused by or resulting from far execution ofthe work provided for in this purchase aide, err in connection herewith. The Seller will indemnify end bold Formed m the Purchaser and any r all of the Purchase oflicm, agents and employees from and against my and all claims, lasses, damages, charges or expenses, whether direct m indirect, and whether to persons or property in which the Purchaser may be put or subject by rtwon of my rat action, neglect omission or default on the pan ofthe Sella, my of his mtrintors, or my of the Sellers m contractors officers, agents or employees. In rose my suit m offer proceedings shall be brought against the Purchaser, o, its office, agents or employes at may fide on acme, or by reason of my act action, neglect emission or default of the Seller of my of his contractors or my of its or their We., agents or employees no of mid the Seller hemby agates to assume rbe def the re f all to defend the more at the Sella own expense, m Pay my and all care. charges, anomrys fees and other expewes, no, and all judgments that may be incurred by or obmimd against the Purchaser or my arms or thew ofLcmrs, Menu or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property, ofthe Purchaser, or mid parries in or as a result of each suits or other proceedings, the Seller will at once cause the mine to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Like all safety precautions, fetish and item][ all guards nnessary, for the prevention of incidents, comply with all laws and regulations with regard W safety including, but without limitation, the Occupational Safety and Health Act of I970 and all roles and regulations issued pursuant dome. Revised 02/2014