Loading...
HomeMy WebLinkAbout515123 SUMMA INC - PURCHASE ORDER - 3215306Fort Collins Date: 01/1312015 Vendor: 515123 SUMMA INC 10001 LAKE CITY WAY NE SEATTLE WA 98125 PURCHASE ORDER PO Number Page 3215306 1012 This number must appear on all invoices, packing slips labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Thermo Printer Materials 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. 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: 25,000.00 r�r 1r City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 f�Rti�i7t nt t tG3Li %I(iGTi[� Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By stand¢ the City ofFort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWANER 98-0 502. Federal Excise Tax Exemption Cenif cats of Registry 84-60X 58J is registered with the Colborne, of Failure of the Purchaser to insist upon stria perfomance of the terms and conditions hermf failure or delay to Memil Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a) exercise any rights or remedies provided herein or by law, failure to promptly naafy the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of me 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 Transit, may be raurrmed to you for credit and tie not to be replaced except upon receipt of woven purchaser to insist upon strict performance heeofor any ofits righlsor remedies as to my such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purport aril modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terra Inspection. GOODS are subject to the City of Fon Collins inspection on aortal, hermf Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment con the put of the City of For Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from murder agood ACCEPTANCE is dependent upon completion of all opplicable required inspection procedures. violations we in fan home by the Purchaser. Theretofore, for cause and as consideration for executing this purchase order, the Seller hereby coigns to the Purchaser my add all claims it may now have or hereafter Freight Terms. Shipments most be F.0 B., City of Fort Collins, IN Wood St, Fort Collins, CO 80522. =less acquired under federal or state anarmmt laws for such overcharges relating to the particular goods or services indigenous specified on this order If woression is given to prepay freight and charge separately, the original freight purchased or acquired by the purchaser pursumno this purchase order. bill must accompany Invoice. Additional charges for packing will ant be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance.NTere manufacturers have distributing points in arious pun of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expired from the nearest distribution .of to dw anmon, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work be be performed by the most expeditious meets available to iL and the Seller shall pay all rusts m=ciated with such work. Permits. Seller shall procure at sellers sole con all necessary permirs, cenificatas and licenses required by all applicable lows, regulations, ordinances and colas of the state, municipahry, territory or political subdivision where the work is perfmred, a required by my other duly conspho d public audionry havingjam diction over the work of vendor. Seller further agrees to hold the City of Fon Collins harmless from and against all liability and loss endrzed by them by reason of conasserted or established violation of my such laws, regulations, ordinances, rules requi remora. Aothorication. All parties to this contract agree that the mpowervertives are, in tact born fide and palm full and complete com odry to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by sel ler are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you ..of make complete shipment Is, arrive Or your promised delivery date as noted. Time is of the nsence. Delivery and performance most he effected within the came stated on the purchase order and the documents an=hed hereto. No acts of the Purchasers including, without limitation, acceptance craning! late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shop have, in addition to other legal and equitable remedies, the option of placing dins order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due as causes not reasonably foreseeable which we beyond its metastable control and without its fault of negligence, such acts of God, acts of civil or military authmities, gavemmenal priorities, fires, strikes, Bond, epidemics. Wass or riots provided that reach of the condiusaw causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge therm[ In the event of my such delay, the date of delivery shall be extended for the penod equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrma that all goods, aticla, materials and work covered by this order will contort with applicable drawings, specifications, samples and/or other descriptions gives, will be N for the purposes intended, and performed wadi the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on accost of the Sellers breach of warrmry. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable w orranry provided by the Seller alter die date of mi acceptance of the goods fashmne =aso permitted hereunder Iecceptce not has delayed), resulting front imperfect or defective work done or matmais famished by the Seller. Acceptance or owe of goods by the purchaser shall not constitute a waiver of any claim =der this wormy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoinmg chuanIa, or guarantees, 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 make changes to legal terns by wrtten change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions or or deletions from the quasurries originally ordered in the specifications or drawings, by verbal or women change order. If my such change affects the sow=t due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchater may at my time by written change order, morminge this agreement as to my or ail portions of Me goods then not shipped, subject to my equitable adjustment between the parties = to my work or materials then in progress provided that die Purchaser shall not be liable for my clams for anticipated profits on the uncompleted portion of the bonds and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers stmdaN stock. No such temunaa= shill relieve the Purchaser or the Seller of any of their obligations for to my goad delivered here=der. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller warn¢ that all goods sold hereunder shill have been produced, sold delivered and famished in sea compliance with all applicable laws and regulations a which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required m be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall never, forceps, or convey, this order, or my monies due or to became due hereunder without the prior written consent of the other parry. 10. TITLE The Seller werants fill[, clew and =mstriaed life no the Purchaser for all muipmmt materials, and items fumiamd n permarance of dins aggaro mt free grad clear of any and all liens, restrictions, resenatiors, security interest mcumbrnces sod clams afothers. The Seller shall release the Purchaser and its contractors of my the from all liability and claims of my nature resulting from she performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such Not The Sellds contrazmel obligations, including warranty, shill not be deemed to for reduced, in any way, because such work is performed or roused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, matmil or process covered by letter, patent, trademark or copyright die Seller shall indemrdfy and save handown the Purchaser from my and all claims for infringement by reason of the we of such patented design, device, material or process in connection with the conts=t and shall indemnify the Purchaser for my con, expense or damage which it may be obliged ve pay by mason of such arrangement at my time during the prosecution or after the completion of the work. In case said equipment or my pan thereof or the intended use of the gads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for die Purchaser the right a continue using said equipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes anninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of contacts. appoint a receiver or trustee for my of the Sellers property or business, this order may forJtwith be canceled by the Purchaser without liability. 16. GOVERN9NGLAW The definitions of teams .hind or the interpretation office agreement and the rights erg] parries hereunder shall be conswed =tin and governed by the laws of die Score of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, induding the services o(Shcers Reprasantntive(s), on the premises of others_ 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own one until the same is fully completed and accepted and shall, in case of my aredent contacting or injury to the work soccer marmals before Sellers final completion and acceptance, complete the work in Sellers own expense and w the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, =load, store and handle same at the site and become responsible therefor = though such materials and/or equipment were being fomished by the Seller =der the order. IS. INSURANCE. The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational disease benefice, rat its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited a, contractual and automobile public liability insurance waft bodily injury and death limo¢ of at least 5300,000 for my one person, $500,000 for my one accident sod pmperry damage limit per accident of 5400,000. The Seller shall likewise require his contractors. if any, to provide for such comWsm n and mainframe. Before my of the Sellers or his contractors employees shill do any work upon the premises of others, the Seller shill famish fire Purchaser with a cedfiate, that such compensated =d overcome have been provided. Such certifiuter shall specify the date whim such compensation and insurance have been provided. Such cenlf cams shall specify the dare whon such compensation and insurance expires. no Seller agrees thin such compensation and insurance shad be maintained final after the more work is completed and accepted. to, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby warrants, the mare responsibility and liability for my =dill damage, loss or injury, of my kind or neturc whatsoever, to persons or property caused by or resulting from the executed of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my Or all of the Purchasers oficers, agents sod employees from sod against any and all claims, lasses, damages, chwges or expenses, whether direct or indirect and whether to persons or property he which the Purchaser may be put or subject by reason of my am, action, neglect omission or default on the pm of the Seller, my of his contractors, or my of the Sellers or coneaaors officers, agents or employees. In case my suit or other proceedings shall be brought spigot the Purchaser, or its officers, agents or employees at my time on =want or by reason of my act, action, neglect omission or default of the Seller of my of his wntr=sans or my of is or their afters, agents or employees as aforesaid the Seller hereby agrees to assume the defense fiercer and to defmd the same at the Sellers own expense, to pay my and all vests, charges, attorneys fees and other expenses, my and all judgments than may be incurred by or obtained against the Purchaser or my of its or their of cars, agents or employees in such suits or other proceedings, and in case judgment or other lam be placed upon or obtained against the property of the Purchaser, or said parties in or As a result of such sunes or other proceedings, the Seller wall in once cause she Same a be dissolved and discharged by giving bond or otherwise. The Seller and his conambus shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without Ilmatabon, the Occupational Safety and Health Act of 1970 =d all miles and regulations issued pursuant theea. Revised OI2UI4