HomeMy WebLinkAbout113589 XEROX CORPORATION - PURCHASE ORDER - 3215326Fort Collins
Date: 01/13/2015
Vendor: 113589
XEROX CORPORATION
PO BOX 660502
DALLAS TX 75266-0501
PURCHASE ORDER
PO Number Page
3215326 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01/13/2015 Buyer: ED BONNETTE
Note: 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.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Blanket PO
1 LOT LS
Copiers
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
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
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDETA1LS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local tarn. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cenificme of Registry 84-6IXI0587 is registered with the Collector of
normal Revenue, Denver, Colorado (Ref. Colorado Revised Statums 1973, Chapter 39-26,114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defeats of
damage in transit, may be returned to you for credit and me not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Impection. GOODS are subject to the City of Fort Collins inspection on anival.
Final Acceptance. Receipt of the meahandise, services or equipment in response to this order can result in
warifi zed payment on the pan of the City of Fort Collins. However, it u to be, understood that FINAL
ACCEPTANCE is dependent upon completion -fall applicable required inspection procedm-.
Freight Terms. Shipments must Im F.O.B., Co, of Fort Collins, 'Bill Wood Sc, Fort Collins, CO 80522. unless
otherwise sped find on this order. If permission is given to prepay frtight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected fmm the learnt distribution paint to destination, and excess freight will be deducted fmm Invoice when
shipments are made fmm greater distance.
Parmits. Seller shall procure at when role cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, nrdinvnces and tales of the sate, municipality, tenimry, or political subdivision where
the work is performed, or required by any other duly comtinted public authority havingjmisdinion over the work
of vendor. Seller further agrees to Mid the City of Fort Collins harmless fmm vud against all liability cud loss
incurred by them by maven of an attend or established violation of my such laws, regulatbm, ordinanc-, rates
and requirements.
Authorization. All ponies Ir this contract agree that the representatives ore, in fact, bona fide and possess full and
complete mthonty in bind said parries.
LIMITATION OF I ERMS, This Purchase Order expressly limits acceptance to the terms and conditions wind
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorymated herein by
reference. Any additional or different in. and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arive on your
promised delivery date as toted. Time is of the essence. Delivery and performance must M effecred within the time
stated on the purchase order and tM documents ounchd hand. No Vu of the Purehasers including, without
limitation, acceptance ofpaaial late deliveries, shall operate ss a waiver of this pmvdion. In me event of eny delay,
the Purchaser shall have, in addition to other legal and equiable remedies, the option ofplacing this order elsewhere
and holding me Seller liable for dualism, However, me Seller shall not be liable for damages as a result of delays
due m causes not reasonably foreseeable which are beyond its reasonable control and wihout its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires, sake; flood, epidemics, wars or
riots provided that notice of the conditions causing much delay is given to the Purchaser, within five (5) days rithe
time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the period equal to the time mttuilly [wt by reason of fie delay.
3. WARRANTY.
The Seller warrmu that all goods, micle , materials and .,it covered by met Under will conform with applicable
drawings, specifiefions, samples and/or other descripuons given, will M fit for the purynsn intended. and
Performed with me t'ghad degree of cart and cooperate in Vermiculite with accepted surac arts fen work of a
similar firma. The Sella agre- to Mid fin purchaser hen ft. from my Ives, damage or expense which the
Pumbecor may amffa or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without east to the purchaser, any defects or faulu and, within one (1) year or within such longer period of
time as may be prescribed by law or by the terms ofmy applicable waramy provided by the Seller after the date of
acceptance of the goads fmishN hereunder mereptmce act to be unreasonably demyaft, resulting front imperfect
or detective work done or Rumors famished by the Seller. Acceptance or use of good by the Purchaser shall not
-natime a waiver of any claim under this warranty. Except as ofcmise provided in this pumhwe order, the Sellers
limit iry hereunder shot[ extend to all damages proximately caused by the breach of any of the foregoing warranties
or gmmUmac but such liability shall in an event include loss-fpmOts or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The PurcbVer may make changes to It,[ terms by woven change oMe'.
5. CHANGES IN COMMERCIAL TERMS.
The Prifichacer may make any changes to the tarns, other than legal lams. Including additions to or deldimer Form
the quantities originally ordered in the sped lice tiros Or drawings, by verbal - written change Older If any such
change offects the amomt due or the time ofperformence hereunder, on equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminan this agreement az to any or all Wnions of the
goats then not shipped, subject to any equitable adjwtment between the pmies as to my work or materials then in
pmgress provided that the Purchaser shall not M liable for may claims for anticipated Profits on fie uncompleted
portion orfte g-Ud mNor work, fen incidental or musegVnlial dotage, e, and ram an such djustment he made in
favor ofine Sella wif respect to any goods which are the Sellers emndand stock. No such termination shall relieve
dre Purchaser or the Seller ofmy oftheir obligations w to any good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thin (3o) days fmm the date the change or memination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fomishd in strict
compliance with all applicable laws and regulations to which me goods are subject. The Seller shall execute and
deliver such dom mets in may he required to effector evidence compliance. All laws and regulations requird to be
incorporated in agreements of this eMmeter are hereby incospomted herein by this reference. The Seller agrees n
indemnify and Mid fte Puchaer harm)-s fmm all costs and damages suffered by fie Functional w a a tilt ref the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this ender, or my monies due or to become due hereunder without me
prior written consent ofthe other party.
10. TITLE,
The Sella warrants full, clear and unrestricted title in the Puchnser for all equipment, materials, and items famished
in performance of this agreement. free and clear of any and all lien, restriction; reservations, security interest
atcumbmnces and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon stria peinformal of the temp and conditions hereof, failure or delay to
eximise any fights or minorities provided herein or by law, failure to promptly notify the Seller in the event of a
breach,the wceanties oforpayment for goodhereunder orapproval otthe deign, shallnotof
the Seller of
any of the warranties or obligation of this hand.,
oNer and shall not be deemed a any
waiver of any right red the
purchaser to insist open strict performance hereof or any of its rights or remedies w m any such goods, purported
of when shipped, received or accepted, ur n to priory subsequent Purchaser
default hereunder, nor shall any putponed
oral modification or rescission of this purchase order by the Purchaser operate - e waiver of any of fte terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Porchssn magnae Beat in actual economic practice, overcharges resulting fern mtowd
violations are in fxt borne by fc Purchaser. Theretofore, for good muse and as consideration for executing this
purchase order, the Seller hereby assigns to me Purchaser any and all claims it may now have or hereafter
acquired under fdeml or scam antitrust lairs for such overchmgn relating to the particular goods or tames
purchawd or acquired by fie Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Puchaer directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates Us inability or unwillingness to comply, the Fomhast,
may cause the work to be performed by me most expeditious mares available to it, and the Seller shall pay all
ewes associated with such work.
The Seller shall ¢lame Ote Purchaser and its contractors of any tier fmm all liability and claims of any m m
resulting from the performance afsuch work.
This rticase shall apply even in me event of fault of negligence of the parry reacted and shall extend Io the
directors, oficrn and employees afsuch pray.
The Sellers contractual obligations, including warranty, shall not be deemed to M reduced, in any way, because
such work is perfomlN or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any deign, device, murerial or process covered by letter, patent, nademork
or copyright, the Seller shall ordinarily and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in correction with the contract, and
shall indemnify me Purchaser for any cost, expense or damage which it may M obliged to pay by r-tun of such
inGvgement at any time during the pmsccution or a0er me mmp[etim of she work. In case said equipment, or
any pan thereof in tM intended rue of the goods, is in such suit held to common, infringement and me use of
said equipment or pan is enjoined, me Seller &ball, at its awn expense and in its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace 6e same with substantially equal but
noninficu ng equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Sella shall become insolvent or band mpt make an assignment for the benefit of creditors, appoint a
or trustee for any of the Seller property or business, this order may foMwltb be canceled by fie
Pumhawr without liability.
16. GOVERNING LAW.
The&Fiai... -fit. used or the inumpar ration oftM agreement and the rights -fall pane -hereunder shall
coruaud under and governed by the laws off, Sate of Colorado, USA.
The following Additional Conditions apply Only in cases where the Seller is to perform work hereunder,
including fie services ofScl era liepresevmtive(s), oa the prumisn afell,
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own nsk until the same is fully mmpled and accepted, and shall,
in case of any accident, destination or injury to the work torpor materials before Sellers final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials
and equipment are perished by others for installation or erection by the Seller, me Sella shall receive, unload
store and handle same at the site ad become malleable therefor ss though such matelots and/or equipment
were being famished by the Seller seder the order.
18. INSURANCE.
The Seller sholl, at his own expense, provide for the payment of wonders wmpersatim, including-UU1Mm1
disease benefits, to its employees employed on or in connection with the work covered by this Borehau order,
and/m m their dependents in accordance with the laws of Our suite in which the work is to M done. The Sella
shall also carry comprehensive general liability including, but not limited to, contractual and momobile public
liability insurance with bodily injury and &,in limits of at Ice, $300000 for any one person Ssial fir wayone accidenand property damage limit per accident of $400,000. The Sella shall likewise require his
if any, to pr-vide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do my work upon the Routines of others, the Seller shall famish the Parabolic with a cenificare
Unit such compensation and insurance have been provided. Such cerdft-tins shall specify me date when such
compensation and insurance have been provided Such cenifcatn shall specify the date what such compensation
rid insurance expires. The Seller agree that such mmpewuon will insurance shall be maintained Until after the
entire work 4 completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the main, respnnafbRity and liability far any and all damage, loss w injury Of any kind
ar nature whatsoever to persons or property caused by or resulting from the execution of nor work provided for in
this purchase order or in connection berewieh. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Pumhws officers, agents and employees from and against any and all claims, losses, damages,
cer
harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reaon of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or cantroners officers, agents or employees. In case any suit or other
Proceedings shall be brought against the purchaser, or its officers, agents or employees at my time on Vcoant or
by tmson of any wt. anion, neglect omission or default of tM Seller of any of his mnlmetors or my of its or
their olBcers, agates or employees ss aforesaid, an, Seller hereby agrees to assume me defense mareof and to
defend the same at the Sellers own expense, b pay my and ell Costs, Goal morrmys fees exact after incorrect
any and all judgments that may be immmd by or obtained against the Purchaser or mY of its or Nair officers,
agents or employers in such suits or other procedings, and in case judgmml or other lien M placed upon or
Obtained against the property ofine Purchaser , or said parties in on as a result of such vain, or lifer proceedings,
the Seller will at once cause the more to be dissolved and discharged by giving band or otherwise. The Sella and
his contractors sM11 take rill safety precautions, famish rind install all guard nee -vary for he preventim of
accideals, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1920 and all mles and regulations issued pursuant thereto.
Revised 072014