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HomeMy WebLinkAbout484543 AIR FILTER SOLUTIONS INC - PURCHASE ORDER - 3215165City of F„ 6rt Collins Date: 01/12/2015 Vendor: 484543 AIR FILTER SOLUTIONS INC 2500 W 8TH AVE UNIT B DENVER CO 80204 PURCHASE ORDER PO Number Page 3215165 1012 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: 01/12/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Blanket Order Meter Shop Supplies 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 2,000.00 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. COMMERCIALDETAILS. Tax exemptions. By straits, the City of Fon Collins is exempt from sure and led taxes. Our Exemption Number is 9844502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defecd of damage in tarsi. may ba rammed to you for credit and are oor to be replaced except upon receipt of written instruction, I.m the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in amhonred payment an the pan of the Ciry of Fort Collins. However, it is m be understood Nat FINAL ACCEPTANCE is dependant upon completionofall applicable purred membe onprocedures. Freight Terms. Shipments most be F O.R., City of Fort Collins, 700 Wood Sr, Pon Collins, CO 80522, unless wherwise speofied on this order. If permission is given to prepay freight and charge scrub a r, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Enforce. Where manufacturers have dimobubng points in carious parrs of the mhmon. shipment is expected from Me nearest distribution point to destimmoo, and excess freight will be deducted from Invoice when shipments are made from greater distance. 11. NONWAIVER. reduce of the Purchaser to insist upon count performance of the moms and conditions hereof, failure or delay to exemisy righn or remedies provided herein or by lawre , failuto promptly notify Me Seller in the event of a breach, anMe acceptance afar payment for goods remainder or approval of Me design, shall not release the Sal ler of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser or insist upon snit[ performance hereof or my of its rights or remedies as many such goods, regarNecs of when shipped, received or accepted, as to my prior or subsequent default herewder, nor shall any projected mil modification or rescission of this purchase order by the Purchaser operate as a waiver of any of doe terms hermf 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser remgniae firm in actual era uric practice, overcharges resulting from criminal violations are in fact home by hire Puchrom, Theh,wfoeenfar gaud case and as consdmaoon for excuung this purchase order, the Seller hereby aligns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitmer laws for such overcharges mining In the particular goods or services purchased or acquired by The Purchaser mrsuanuo this purchase order. I3, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs Me Seller to cone[ nonconforming or defective goods by a dune to be agreed open by the Purchaser and the Seller, and the Seller thereafter indicates in inability or unwillinpm to comply, Me Embosser may cause the work to be performed by Me man expeditious means available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall promre at sellers sole ten all necessary permits, certificates and licenses required by all applicable laws, regulations, ordimnces and codes ofee Sum, municipality, temmry or polibral subdivision where Me work is perormed, or required by any oMm duly careaimted public aumonry forcing jurisdiction over Me work of vendor. Seller former agrees by hold Me City of Pon Collins harmless from and against all liability and loss htaert rred by them by reason of an seemed or established violation of any such laws, regulations, ordinances, rules and requirement. Authoriamion. All parties to this contract agree Mat the representatives are, in fact bona fide and possess full and complete authority to bind said probes. LIMITATION OF TERMS. This Purchase Order expressly limit acceptance in Me terms and conditions aimed herein act both and any supplementary or additional mans and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected wand hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carmot make complete shipment to arrive on your Frowned delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on Me purchase order and the documents attached hereto. No acts of the Purchasers including, whom limitation, acceptmce of pamal late deliveries, shall operate m a waiver of Mis provision. In Me event of any delay, Me Purchaser shall have, in ad&tion to other legal and equitable remedies, Me opnon of placing this order elsewhere and holding Me Seller liable for damages. However, Me Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without in fault of negligence, such is of God act of civil or military authorities, peemmenta priorities, time strikes, fiood epidemics, was or riots provided Mat notice of Me conditions causing such delay is given to me Purchaser within five (5) days of Me time when me Seller first received knowledge thereof In the event of my such delay. Me date of delivery shall be mended for me period equal in Me time actually Ion by reason of Me delay. 3. WARRANTY The Seller warrant that all goods, articles, materials and work covered by Mk order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with Me highest degree of care and competence in accordance with accepted mmdard for work of a similar nature. The Seller agrees to hold me purchaser harmless from my loss, damage or expense which Me Purchaser may suffer or incur on account of the Sellers breach of wammty. The Seller shall replace, repair or make good, without ten to Me purchaser. my defects or faults among within one (1) year or within such longer period of rime as may be prescribed by law or by the owns of my applicable warranty provided by the Seller after Me date of acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from Imperfect or defective work done or materials famished by Me Seller. Acceptance or use of good by Me Purchaser shnll not consdtme a waiver of my claim under this contrary. Except as omerwise provided in this purchase order, Me Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of Me foregoing warranties 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 TERNS. The Purchaser may make changes to legal terms by reopen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to Me Berms, other than legs terms, including additions to or deletions from We quantum, —rurally ordered in Me specifications or drawings, by veNel or winumn change order If my such change affects the ..at due in Me time of perfmmmce herewder,. equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to my or ell ponisof Me goods then not shipped, subject to my equitable adjustment between the parties as to my work or materials Men in progress provided mat Me Purchaser shall not be liable for any claims for as eipmed profits on the a omplemd part of Me goods and/or work for incidental or consegtuntia damages, and Mat no such adjustment be made in favor of Me Seller with respect to my good which are Me Sellers standard sack. No sueh termination shall relieve Me Purchaser or Me Seller of my of their obligations w to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty 130) days from the date the change or termination is ordered. g. COMPLIANCE WITH LAW, The Seller warrand that all goods sold hereunder shall have been produced, sold, delivered and fumished in non compliance with all applicable laws and regulations to which Me goods are subject. The Seller shall execute and deliver such documents as may be required in effect or evidence compliance. All laws and regulations required to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold Me Purchaser harmless from all man and damages suffered by the Purchaser as a result of Me Sellers failure to comply wim such law, 9. ASSIGNMENT. Neither parry shall assign transfer, or convey this order, or my monies due or by become due hereunder without Me prior wnuen consent of Me other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to Me Purchaser for all equipmem, materials and items fumished in performance of this apawarm, free and clear of my and all liens, restrictions, reservations. security interest encumbrances and claims of others. The Seller shall release Me Purchaser and its conmcwrs of any net fmm all liability and claims of any much, resulting from Me performance of such work. This release shall apply even in Me event of fault of negligence of Me parry released and shall extend be Me directors, officers and employees of such parry. The ScEces contractual obligations, including warranty, shall not be deemed to be reduced in my way, because such work n performed or caused to he performed by Me Purchaser. 14. PATENTS, Whenever Me Seller is required to use my design, device, material or process covered by letter, patent trademark or copyright, Me Seller shall indemnify and save homeless Me Purchaser from my and all claims for infringement by reason of Me use of such parented design, device, musical or process in connection with Me common, and shall indemnify the Purchaser for any ten, expense or damage which it may be obliged to pay by reason of such infringement at my time during Me prosecution or after Me mmplenon of Me work. In case sold equipment or my pan theme( or the intended use of Me goods, is in such suit held to constitute infringement and Me use of sad equipment or pan is enjoined, Me Seller shall, at in awn expense and at Its option, either procure for Me Purchaser Me fight to continue using said equipment or pars, replace Me same with substantially equal but noninfringing equipment or modify it m it becomes raminfinia g. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for Me benefit of common, appoint a receiver or trance for my of Me Sellers property or wo ncas, this order may foMwim be canceled by Me Purchaser without liability. 16 GOVERNING LAW. The definitions of teens used or Me interpretation of the agreement and Me rights of all ponies hereunder shall be crammed trader and govemed by Me laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where Me Seller is to perform work hereunder, including me seances of Sellers Represenlativehm, on Me premises efoMers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on and work at Sellers own risk it the more is fully completed and accepted, and shall, in e of my accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete Me work at Sellers own expense and to Me mdsfaction of Me Purchaser. When materials and equipment she fumished by others for installation or erection by Me Seller, Me Seller shall receive, unload, store and handle same at Me she and become responsible therefor as though such materials and/or equipment were being famished by Me Seller under Me order. 18. INSURANCE. The Seller shall, at his own expects, provde for Me payment of workers own,a ashou, including occupational disease bmefirs, to in employees employed on or in ybgwm w with me work covered by this purchase order. andor to their dependents in accordance with Me laws of Me sure in which the work is to be done. The Seiler shall also carry comprehensive general liability including, but not limited to, conuacmal and automobile public liability insurance with bodily injury and death limits of at least S30e,00o for any one person, $500,000 for any one accident and property damage limit per accident of S40g0oo. The Seller shall likewise require his contractors, if any, w provide for such compensation and insurance. Before my of Me Sellers or his contractors employees shall do my work upon the premims of others, Me Seller shall famish the Purchaser with a cerri fare mat such compensation and insurance have been provided. Such cemficato shall specify Me dune whm such compensation and insurance have been provided. Such comficams shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be manta tied until after Me .tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes Me entire responsibility and liability for my and all damage, loss or injury of my kind r nature whadoe er to persons or propeM caused by or resulting from the execution of Me 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 oficen, agent and employees from and against my and all claims, loses, damages, charges or expanse, whether Mom or indirect, and whether to persons m prupenY to which Me Purchaser may b , put m mbjm by reason of my our, actioq neglect omission or default on Me pm of Me Seller, my of his mnrtactars, or my of Me Sellers or contractors officers, agent or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of my act action, neglect, omission or default of the Seller of my of his contractors or my of in or their officers, agent or employees as aforesaid. Me Seller hereby agrees to assume Me deferte Mermf and to defend Me same at Me Sellers own expense, to pay my and all band, thedges, attorneys fats and other expenses. my and all judgments firm may be incurred by or obtained aganst Me Purchaser or my of in or their officers. agents or employees in such suits or outer proceedings, and in case judgment or other lion be placed upon or obtained against Me prope , cribs Purchaser, or sad parties in or as a result of such suits or other pm<eedings, Me Seller will at once cause the same to be diasolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fumish and instal all guards necessary for Me is ..s r own of azcid.q comply with all laws and regulations with regard to safety including, but w ilsout Insulation, Me Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant therew. Revised 0712014