HomeMy WebLinkAbout250572 SCHINDLER ELEVATOR CORP - PURCHASE ORDER - 9150250Fort Collins
Date: 01/13/2015
PURCHASE ORDER
PO Number Page
9150250 1of2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 250572 Ship To: FACILITIES DIVISION
SCHINDLER ELEVATOR CORP CITY OF FORT COLLINS
PO BOX 93050 300 Laporte Avenue
CHICAGO IL 60673-3050 Building B
FORT COLLINS CO 80521
Delivery Date: 01/13/2015 Buyer: DOUG CLAPP
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
Blanket Order 1 LOT LS 6,000.00
Misc. Elevator Repairs
cover the cost of maintenance for one designated elevator
(Schindler 3300)located at the Lincoln Center per
12/20/13 service agreement #7540 for fiscal year 2015.
All services shall be made upon request of City
Facilities department only. All completed services
must be accompanied by an invoice or job ticket
including contact person and site location.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
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
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
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Page 2 of 2
1. COMMERCIALDETAIIS.
Tax exemptions. By swum the City of Fort Collins is exempt from state and local taxes. O n Exemption Number is
I L NONWAWER.
98-04502. Federal Excise Tax Exemption Cenificatt of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and condltiom hereof, failure or delay to
Inland Revenue, Denver, Colorado (Ref. Colomdo Revised Sen.. 1973, Chapter 39-26, 114 filL
merest 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 ofthe 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 deemed a waiver of any right of the
damage in horeit, may be returned to you for credit and are not to be replaced except upon receipt of written
purchaserto insist upon Suitt performance hereofor any of its rights or remedies m to any such goods, regardless
instructions fmm the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
coal modification Or rescission of this purchase order by the Purchaser opeate . a waiver of any of the terms
Impe lion. GOODS are subject to the City of Fall Collins inspection on anieal.
hereof.
Final Acceptance. Receipt of the meschmdise, services or equipment in eliminate to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized paymenr an tea part of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual a is Practice, overcharges resulting from muclaw
ACCEPTANCE is dependent upon completion fall applicable required impaction procedures.
violations are in fart borne by the PumMmfo berer. Tore far good.use and m consideration fro exemting this
parcbaw order, the Seller hereby assigns to the Pmchmer any and all claims it may now have or hereafter
Freight Terms. Shipments moat be F.O.B., City of Fort Collins, 700 Wood St, Fear Collins, CO 80522, unless
acquired under federal or state antitrust laws for such ovacbmgs relating to the particular goods or services
otherwise specified m this order. Upermission is given to prepay freight and charge sepaamly, the original freight
purchased or acquired by the Purchaser parswnt to this purchase order.
bill most taco snow invoice. Additional clusters, for oackin l will not be accented.
Shipment Distance. Where mawfacurers have distributing points in various parts of the country, shipmem is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Sella shall procure at sellers sole cost all necessary permits, cenifcares and licenses required by all
applicable laws, regulmiorq ordinance aad roles of the sum, uniq aipahty, ramtory or political subdivision where
the walk is performed, or required by any other duly comtimted public authority having jurisdiction ova foe work
of vendor. Seller frher agrees to hold the City of Too Collins Iwrmless fmm and against all liability and lots
incurred by them by reason arm msedd or established violation of any such laws, regulations, ordinances, rules
and oar miremen s.
Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and
umplHe authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hmem or incorporated herein by
reference. Any additional or different term and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT Immediately ifyou cannot make complete shipmem to more on your
Promised delivery date as rated. Time is offers essence. Delivery and pril ance most be effected within the time
stated on the purchou Order and the documents matched hereto. No acts of the Purchasers including. without
limitation, acceptance ofpanial late deliveries, shall operate m a waiver of this provision In the evens of any delay,
the Purchaser shall Lave, in addition to .,he, legal and egmarble remedies, the.prim, ofpladng this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not ha liable for damages as a result of delays
due to .uses not reasonably f reseeable which are beyond its reasonable control and without its fault ofnegligence,
such acts of God, acts oaf civil or military authorities, governmental primilies, fires, strikes, flood, epldenih s, wars or
riots provided that notice of the conditions taming such delay is given to the Purchaser wOhn, five (5) days of the
time when the Seller fast 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 last by reasonof the delay.
3. WARRANTY.
The Seller wmrams that all goods, articles, materials and work covered by dus older will conform with applicable
drawings, specifinuom, sampler belabor other descriptions given, will be fit fro flee purposes intended, and
performed wild the highest degree of come and cmnperence in accordance with accepted surdardu for work of a
similar na tmae The Seller time. to hold the purchaser harmless from any Ins, damage or expense which the
purchaser may suB'a or incur on account offs, Sellers breach ofwarranty. The Seller shall replace, repair or make
good, without curio the purchaser, any defects or faults arising whin one (1) year or within such longer period of
time as may be prescribed by law or by the tents army applicable warranty provided by the Sella after the data of
acceptance of the goads furnished hereunder (acceptance not m be unreasonably delayed), resulting from imperfect
or detective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constiwm a waiver of any claim under this warranty. Except m otherwise provided in this purchase code, the Sellers
liability hereunder shall extend to all damages proximately caused by the broach of any of the foregoing wanmdies
or guarwtces, but such liability shall in no 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 may rake changes in legal temp by written change now.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the term, other than legal menu. including additions to or deletions fmm
the quantities originally ordered in the gxrei factions or drawings, by verbal or written change order I any such
change aflects the amount due or the time ofperformome hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The purchaser may at any time by written change order, bodururo this agreement as m any or all Rumors of the
goods then an shipped, subject to my equitable adjournment howbeit the parties to a any work or materials than in
Progress provided that the Pumhma shall rent be liable for any claims far anfcipmed prefer on the umompletd
portion of toe good =Nor wok, for incidental or consequential damages, and that no such adjustment be nude in
favor of the Seller with rmperr no any goods which are the Sellers standad hock. No such termi.ion shall relieve
the Purchaser m the Sella crony of their obliganom as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for djustmenl must be asserted within thirty (30) days from the date the change or terminiqu n is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warmnts Nat all goods sold hereunder shall have been produced, sold, delivered and famished in sulcl
compliance with all applicable laws and regulations to which the goods at subject. The Sella shall execute said
deliver such documents as may be requital to effect or evidence compliance. All laws and regulaliom required an be
ncoepomttd in agreements of this character sere hereby imoryommil herein by this mm .ce. The Seller agree to
indemnify and hold the Purchaser harmless from dl casts mad damages suffered by the Parehma m a reach of she
Sellers failure m comply wile such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, many monies due or a become due hereunder without the
prior written convent ofda other parry.
10. TITLE.
The Seller wernants fill, dear and umeefcted tine to the purchaser for all equipment, materials, and items fumishad
in performance of this agreement, free and clear of any and all lints, rtsnictions, reservations, security interest
encumbrances and claims ofothars.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaer directs the Seller a correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafler indicates its inability or unwillingness to comply, the Purchaser
may cause the work so be performed by the most expedam. means available to it, and the Sella shall pay all
costs assocated wish such work.
The Seller shall release the Pushsser and its contractors of any tier fmm all ],&, iy and claims of any .hue
resulting fmm the performance ofsuch work.
This relese shall apply even in the event of fault of negligence of the Fury redeemed and shall extend to the
directors, offices, and employees ofsucb parry.
The Seller's contractual obligations, including warranty, shall not be domed to be reduced, in any way, became
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, plant, trademark
r a.,,mFhL the Sella shall indemnify and save harmless the purchaser Tom any and all claims for infringement
by reason of the use of such patented design, desicw material nr process in connection with the comae, and
shall indemnify Ore Purchaser for any site, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prmccution or after the completion of the work. In case said equipment, or
any pan thereof or the intended tome of the good, is in such suit held to cnmtimte infringement and the me of
said apllpment at pan 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 part, explore the same with substantially man[ but
noninfdngmg equipment, or modify it so it becomes noniefnging.
15. INSOLVENCY.
If the Sella shall become imalvent or bankmph make an assignment for the bereft of creditors, appoint a
bectiver or trustee for my of the Sellers properly or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The dtfiwtiom of terms used or den interpreutio r offs, agreement and the lights of all patties harewda shall or
voratrud muter and govemed "a was of the Store of Colomdo, USA.
The following Additional Condition apply only in cases where fle, Sella is to perform work hereunder,
including the scrvicm of sellers Represenattive(sh clothe promises ofmhers.
IZ SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall,
in se of any accident, desolation or injury to the work andror materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchases. When materials
and equipment we fnmisbd by others for installation or traction by the Sella, the Seller shall receive, .load,
store and handle same at the site and become responsible therefor as though such mmerials anNor equipment
were being fumhhed by the Sella under the order.
I S. INSURANCE.
The Seller shall, m his oxen expenm, provide for the payment of milkers compensation, including accupatiofal
disease benefts, to its employees employed on in in camttclion with the woe covered by this purchase order,
andror to their dependents in accordance with the laws of the some in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contmctwl and automobile public
liability insurance will, bodily injury cod death limits of at terror $3... for any one person, $500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
if nay, to provide for such compensation and insurance Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a cerofcate
that such compensation and insurance have been provided Such ceni sates shall specify the date when such
romcensation and insurance have been Provided. Such cedifi.tes shall specify the date whim such compensation
and insurance expires. The Seller agrees that such compensation ad imurence shall be maintained will after the
entire wok is complad and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes tad =tire responsibility ad liability for any end ill damage, loss or injury army kind
r mtere whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchast order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Punch utw .Biters, agents and employees from and against any and all claims, tomes, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any m4 action, neglect, omission or default on the pace of the Seller, any of his
contractors, or any of the Sellers or contractors officer, agents or employes. In mile any suit or other
proceedings shall be brought against the Pmchmer. or its officers, agents or employees at any time on account or
by reason of any an, action, neglect, omission or default of the Seller of any of his contractors or any of its or
thew officers, agents m employees . i frmssid, the Sells hereby agms m assume the defense hermf and so
defect the same at the Sellers owns expense, to pay my and all cars, charges, attorneys fro and other expenses,
any mod all judgments that may be incurred by m abathsed apoimt the Paraftesson or any of its or their officers,
agent or employees in such sues or other proceedings, and in case judgment, or mho lien be placed upon m
obtained against the property of the Purebmer, or said panics in in m a mach of such suits or other Proceedings,
the Sena will at once cause the same m be, dissolved and discharged by giving bond or othewise. The Sena and
his contractors shall take all safety precautions, fmhh and install all guards necessary for the prevention of
accidents, comply wit all laws and regulations with regard to safety including, but without limitation, fie
Occupational Safety and Health Act of 1970 and all roles and regulations issued Forward therem.
Revised 01Q014