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HomeMy WebLinkAbout133608 ANLANCE PROTECTION LTD - PURCHASE ORDER - 3215171Fort Collins Date: 01/12/2015 Vendor: 133608 ANLANCE PROTECTION LTD PO BOX 2401 FORT COLLINS CO 80522 ■T&MOik- PO Number Page 3215171 1of2 This number must appear on all invoices, packing sli s 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: 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 2015 Blanket order Security 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 1 LOT LS 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 2of2 1. COM.MERCIALDETAILS. Tax exemptions. By statute fie City of Fort Collins is exempt footsore add ]..11. Our Exemption Number is 11. NONW AIVER. 99-04502. Federal Excise Tax Exemption Cenifcera of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon suet performance of the terms and conditions harm! failure or delay no Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 29-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, din acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of frauds Rejected. GOODS REJECTED due to failure to men s smifications, either when shipped or due to defects of my of the warranties or obligations of this purchase order and shall not he deemed a waiver of my right of the damage in toosit, may be returned in you for credit and are net to he replaced except upon receipt of women purchaser to insist upon am. performance herenfor any ofits rights or remedies u m any such goods, regardless instructions from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hernmder, nor shall my followed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the coma Inspection. GOODS are subject to the City of Fon Collins inspection on arrival, hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can t esult in 12, ASSIGNMENT OF ANTITRUST CLAIMS. audroriud payment on the pan de of the City of Fort Collins. However, it is to be unrstooda thFINAL Seller and the Purchaser recognize thin in anted rec a practice, overcharges resulting from accurrot rgood ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for cause and as consideration for executing this purchase order, the Seller hereby signs to the Purchaser my and all darms it may now have or hereafter Freight Terms. Shipments must be F.0 B.. City of Fort Collins. 90) Wood St_ Fort Collins. CO 80522. -less acquired under federal or scare antitrust laws for such overcharges relating se the particular goads or semces miumvi re specified on this order. If permission is given w prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuanno this purchase order. bill must accompany Police. Additional charges for packing will of be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the courtry, shipment is If the Purchaser directs the Seller w correct nonconforming or defective goods by a date to be agreed upon by the expected from me nearest distribution point to destitution, 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 grmrer distance may cause the work to be performed by the mom expeditious means available to it, and the Seller shill pay all costs associated with such work. Permits. Seller shall procure at sellers sole con all necessary permits, cenifcmes and licenses required by all applicable laws, regulations, ordinances-d mles of the state, municipality, termory or political subdivision where The Seller shall release the Purchaser and its contractors of my Per from all liability and claims of my nature she work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller fuller agrees to hold the Ciry of Fort Collins hamdess from and against ill liability and loss incurred thean asse ed by m by 0. of med or established violation of my such laws, regulaions, ordlnma c, rules This release shall apply even in the event of fault of negligence of the party released Aid d shall award the end Ps do rum. directors, officers and employees of such parry. Awhoriution. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order reepredd, limier receptance to the temp and conditions rated herein set forth and my supplementary or additional tears and conditions annexed hereto or incorporated herein by reference. Any additional or different coma and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately TWO cannot make complete shipment to amine m your promised delivery dune ss noted. Time is Olds essence. Delivery and peformnce most be d7ectedwithin the time stated on the purchase order and the documents arched herein. No acts of the Purchasers including, without limitation, mcept.ce of partial we deliveries, shall operate as a waiver of this provision. In the eventof any delay. the Purchaser sball have, in addition to other legal and quitable remedies, the option of glazing this order elsewhere and holding the Seller liable for damages. However, me Seller shill not be liable for damages as a Paint of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, food. epidemic, wars or Pots provided that notice of me conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal to me time azwally Ion by eaon of the delay. I. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees m hold the purchaser harmless from my loss, damage or expedae which the Purchaser may suffer or incur on account of the Sellers breach of wanday, 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 rime as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the data of aceept.ce of me gods famished hereunder (acceptance not o be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by she Purchaser shill or constitute a waiver of any claim under this warranty. 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 foregoing warranties or guarantees, but such liability shall in no event include loss of profs or Ims of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make charges to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my charges to the terms, other than lead termw including accurate m or deletions from the quarnmes Originally ordered in the specifcadons or emawings, by vemal or vrmen change order. If my such charge affects the amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at my time by wdnen change order, terminate this agreement as to my or ill Pontotoc of the goods than not shipped, subject to my equitable g1jummor between fe parties to w my work or materials thin in progress provided has the Purchaser shall not be liable for my clone for anticiWted profits on the tincompleted portion of the gods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which arc the Sellers standaN stock. No such termination shall relieve the Purchaser or me Seller of any of their obligations as to my goads delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within fiery (30) days from the dare fie change or woninadon is ordered 8. COMPLIANCE WITH LAW. The Seller wart.. that all goods old bare -der shall have been produced, sold, delivered and burnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as maybe required to effector 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 .d hold the Purchaser harmless from all tests and damages suffered by the Purchaser u a result of me Sellers failure to comply trim such law. 9. ASSIGNMENT. Neither parry shall cosign, transfer, or convey this order, or my monies due or to become due hereunder without the prior wnrtm consent of fc other parry. I (1 TITLE, The Seller warrants full, clear and unresmcted title to me Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clam of my and all liens, reetrictiona, reservations, security interest encumbrances and claims of others. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or mused w be, performed by the Purchaser. Ia. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by liver, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, mmenil or process in commtion with me contract, and shall indemnify the for my cos, expense or damage which it may her obliged to pay by reason of such infringement at my time during the prosmution or after the completion of the cook In ease said quipmew, or my our thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part 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 parts, replace the same with substantially equal but naninfdneine gcuposent, or modify it so P becomes coninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for me bmeft of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may foMwith be canceled by the Purchaser without liability_ 16. GOVERNING LAW, The definitions of terms used or the interpretation ofthe agreement and me High. of all primes hereunder shall be construed under and premed by the laws of me Some of Colorado, USA. The following Additional Contributors apply only in catts where the Seller is to perform work here -der, inducing the services of Sellers Represenuhve(s), on the premises of others. 11. SELLERS RESPONSIBILITY. The Seller shall carry on said work ar Sellers own risk until the same is fully completed and accepted, and shall, in cars, of my resident, destruction or injury m be work and/or macerids before Sellds final completion and acceptance, complete the work at Seller's own expense and w the sousf ction of the Foreshow Whin materials and equipment are furnished by others for mardiamon or ernuon by the Seller, the Seller shall receive, -load, store and handle same at the site and become responsible therefor or though such materials author equipment were being famished by the Seller -der the order. 18, INSURANCE, The Seller shill, in his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with dun work covered by this purchase order, worm to their dependents in accordance with the laws of fie state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, venmetual and automobile public liability insurance verb bodily injury and deaf mors of an lean S300,000 for my one pwaa , S500,I100 for my one accident and property damage limit per accident of k400,0llll. The Seller shall likewise require his correcur, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall furnish the Purchaser with a cenificate that such compensation and insurance have been provided. Such certificates shall specify the date when such cmrn enwgon and insurance have New provided. Such certificates shall specify the doe whin such compnarrom and ivaurmce expires. The Seller agrees that such cmmpeaation and insurance shill bar maintained until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and hoDiliry for my and all damage, loss or injury of my kind or nature whatsoever to persons or praid, caused by or rauldng from 6e execution 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 officers, agents and employees from and against my and all claims, losses, 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 act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents Or mr loyror In use my suit Or Other proceedings shill be brought against the Purchaser, or its officers agents or employees at my 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 its or their officers, agents or employees a5 aforesaid, the Seller hereby agrees to assume the defense thereof and to defamd me same at the Sellers own expense, to pay my and all costa, charges, anomeys fees and other expenses, my and all judgmenrs that may be incurred by or obtained against me Purchaser Or my of its or their officers, agents or employees in such suits or whet proceedings, and in case judgment or other lien be placed upon Or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceefrngs, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and instill all guards necessary for the prevention of aceldma, comply with all laws and regulations with regard w safely includin& but without limitation, me Daupadonal Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto Revised OJROIt