HomeMy WebLinkAbout160844 HIGH SIERRA ELECTRONICS - PURCHASE ORDER - 3215222Fort Collins
Date: 01/12/2015
Vendor: 160844
HIGH SIERRA ELECTRONICS
155 SPRING HILL DR #106
GRASS VALLEY CA 95945-5936
PURCHASE ORDER
PO Number Page
3215222 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 B0521
Delivery Date: 01/12/2015 Buyer: PATJOHNSON
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
2015 Blanket Order 1 LOT LS 4,000.00
Maintenance - Electronics
Pay terms net 30 days
Invoice Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $6000 unless signed by Gerry S. Paul City of Fort Collins
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
I211M., MIXI/p Ba ae14SS
Page 2 of 2
1. CO.M,MERCIALDEFAILS.
Tax exemptions. By warme the City of Fort Collins is exempt from war, and howl coca. Our Exemption Lumber is
11. NONWAIVER
99-O4502. Federal Excise Tax Exemption Cenifame of Registry 84-6000597 is registered with the Collector of
Failure of the Purchaser to insist upon strain performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver. Colorado (Ref Colorado Revised Scheme 1973, Chapter 39-26, 114 (a).
exerciseor remedies provided herein or by law, topromptlynotify the Seller in the event of a
ehts
breach, the acc p payment goo design, shall not release the Seller of
approval
Goods Rejected. GOODS REJECTED due to failure w meet specificatiote, 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 canal( may be rearmed re, you for neat and are not w be replaced except upon receipt of wainen
purchaser to insist upon sore, perfotmantt forearm any cries rights or remedies as to any such goods, regardless
instructions from Be City of Fan Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waver of any of the terms
Inspection. GrOODS are subject to the City ofFort Collins inspection on arrival.
hereaf
Final Acceptance. Receipt of the merchandise, servicei or egwpment in response to this order can n esult in
12. ASSIGN:I NT OF ANTITRUST CLAIMS.
aummrNaymth pent on e pan of me City of
of Fan Collins. However, it is to be understood that FINAL
Seller and the Porchwer recognize that Or actual economic pence. overcharges resulting from anfimm
ACCEPTANCEis dependent upon completion small applicable required inspection procedures
violations we infect home by the Purchaser Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Term,. Shipments at be F.0 B., City of Fan Collins, )W Wood Se, Fort Collins, CO 80522, unless
acquired coder federal or ,are antitrust laws for such overchages relating to the particular goods or semces
otherwise specified on this order, if permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for parking will not be accepted.
Il. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in variom parts of the country, shipment is
If me Purchaser directs the Seller to correct nonconforming or defective goods by a date no be agreed upon by the
expec[ed from the nearest distribution point w dompreioa, and excess freight will be deducted from Invoice when
Purchaser and the Seller and the Seller thereafter indicates its inability or wwillingriess a comply, the Purchaser
shipments are made from greater distance
may cater, the work in be peAbnned by the mom expeditious means avalable to it and the Seller shall pay al
wars askimmed with such work.
Permits. Seller shall procure at sellers mile cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and cola of the state, municipality, territory, or Political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fail Collins harmless from and against all liability and lass
tarred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements
Authorirmion. All parties to this contrast agree that the representatives are, in fact, bona f de and possess Full and
complete audio n, to bind said panic.
LIMITATION OF TERNS. This Purchase Order expressly limits acceptance w the tenor and conditions stated
herein set forth and any supplementary or additional seems and conditions annexed hereto or inwryorared herein by
reference. Any additional or different terns and conditions promised by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your
promised delivery date a noted Time is of me essence. Delivery no performance must be effected within the time
stated on the purchase order and the documents attached hereto. No now of the Purchows including, commit
limitation, acceptance of panic late delivenes, shall operate m a waver of this provision. In the event of coy delay,
the Purchaser shill have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due or causes not soasonably foreseeable which are beyond its reasonable wopol and without its pride of negligence,
such azw of God, acts of civil or military amhodties, govemmental priorities, fires, strikes. Bond epidemics, waram
m
hots provided that notice of the conditions causing men delay is given w the Purchaser within five 15) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the data of delivey shall be
extended for me period equal to the time actually lost by reason of the delay.
3. WARRANTY,
The Seller wamnts that all goods, wastes. materials and work covered by Mrs order will conform shot applicable
drawings, specifications, samples and/or other descriptions giver, will be fit for the purposes intended, and
performed win the highest degree of care no competence in accordance win acemsed standard for work of a
imilar nature. The Seller agrees a hold the purchaser harmless Ream any lass, damage or expense which the
Purchaser may suffer or too.as azcawt of the Sellers breach of wranty. arThe Seller shall onlare, repair or make
Shia, without mat to the purchaser, any defecss or faults kno ing within one (1) year or within such longer paned of
time as may be proscribed by law or by the tame; of any applicable warranty provided by the Seller after the daze of
acceptance of the goods famished herewder (acceptance not to be uneawoably delayed), resulting from Ontiveros
or defective work done or materials famished by me Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waver of coy claim under this warwty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach army athe foregoing wanannes
or guarantees, ben such liability shall in no event indite lass of profiv 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 terms by written change order.
5, CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other then legal terms, including additions to or deletions fmm
the quan[ines originally ordered in me specifications or consorts, by verbal or written change order. If any such
charge affects the amount due or me time of per cams ce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wdnen change order, terminate this agreement a to my or ill portions of me
goods then not shipped subject to coy equitable adjustment between the parties as w any work or materials men in
progress provided Mat the Purchaser shall not be liable for any claims for situation profits on the uncompleted
pomo t of the good and/or work, for incidental or consequential damages, and that no such adjummatt be made in
favor of the Seller with respect to any goods which are she Sellers standard stock. No such temdnauon shall relieve
the Purchaser or she Seller of any of their equilibrium as to any goods delivered herewder.
q. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must he asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wanancs But all goads sold hereunder shall have hem romimed. sold, delivered and famished in ndct
compliance with all applicable laws and regolithi ss w which the gad are subjes, The Seller shall excuse and
deliver such emumotrs as may be required in effect or evidence compliance. All laws and regaatiorm remainal to be
imorpomted in agreements of this chance, are hereby incorporated herein by this rderson, The Seller agrees re,
indemnify cod hold the Parchaur harmless form all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply wim such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or my monies due or w become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller wonanm full, clear and unrestricted tide to the Point for all egapmmt materials, and items Swimming
in performance of this agmement free and clear of my and all liens, restrictions, reservations. security borrow
mcumbromew and claims ofomm.
The Seller shall release the Purchaser and its contractors of any tier from all liability and cla no, of any nature
resulting from the perfOmaner of such work.
This release shall apply even in tare event of fault of negligence of the parry released and shell extend he the
directors, officers and employees of such parry.
The Sellers conoactual obligations, including warranty, shall rent be deemed to be reduced, in any way, because
wash work is performed or caused to he patformed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to tau any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such pointed design, device, maresial or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at coy time during the prosecution or after the completion of the work. In case said equipment, or
any part thereof or the intended toof the goods, is such suit held to constitute infringement and the use of
said equipmentcontacts, or pan is enjoine�me Seller shall, at its own expense and in its option, either procure for the
Porchrow the off, to mminue using sad equipment or pans. replace the same wick substantially equal but
nownfdnging equipment or modify it so it becomes rwninfdnging.
15. INSOLVENCY.
If the Seller shall became insolvent or bmkmpt make an assignment for the benefit of creditors, appoint a
receiver or Trustee for any of me Sellers Economy or business, this order may forthwith he canceled by the
Purchaser without liability.
I6. Cr0 VERMNG LAW.
The definitions of terms used or the metrication of $e agreement and the rights of all panics herewder shall be
notation coder and gowmad by the laws of the Stare of Colorado, USA.
The following Additional Conditions apply only in taro where the Seller is to perform work hereunder,
including she services of Sellers Repraentative(s), an the premises of asters.
17. SELLERS RESPONSIBILITY.
The Seller shall wiry on said work at Sellers own risk unfit the same is fully completed and accepted, and shall,
in c of any accident, destruction or injury to me work and/or materials before Seller's final completion and
acceptance, complete the work at Sellers own expense and to me satisfaction of the Purchaser. When ma only
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, radical,
store and handle same at the site and become responsible therefor at though such materials and/or equipment
were being Pomished by the Seller coder the order.
18. INSURANCE.
The Seller shall, in Ns own expense, provide for the payment of workers compensation, including occupational
disease mi to its employees employe as or in connection wed Me soh covered by Nis purchase alder,
and/or to chair dependents in azmrdance wed Me laws of the swe in which the work is to be done. The Seller
shall also tarty comprehensive general liability including, but not limited w, conoactual and auwmobile public
liability insurance with bodily injury and death limits of at least S30mrs n for any one person, $500.000 for arty
one accident and property, damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, Racy, to provide for such compenwhon and in e. Before any of the Sellers or his contractors
employees shall do coy work upon the premises of others, the Seller shall famish me Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the are when such
compensation and insurance have ben provided Such certificates shall specify the data whan such compensation
and insurance expires. The Seller agrees Bush such compensation and insurance shall be maintained until after me
moire work is completed and accepted
19. PROTECFION AGAINST ACCIDENTS AND DAMAGES.
The Set let hereby asunes the enure responsibility and liability for any and all damage, loss or injury of my kind
or nature whatsoever to persons or property caused by or reaching from the exemtion of me work provide for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my
or all of the Purchases officers, agents and employees from and against any and all clams, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may,
be par or subject by reason of any act action, neglect omission or default on the pan of the Seller, any of his
contraors, or any of the Sellers or thamuswrs officers, agents or employees. In case my suit of other
proccdngs shall her brought against the Purchaser, or its officers, agents or employees in coy time on armunt or
by reason of any act =hen, neglect, omission or defeat of the Seller of any of his contractors or any of it or
their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense hermf and w
defend the more a me Sellers am expense, to pay my and all costs, charges, momeys far and other expenses,
any and Al judgments mar may be incurred by or obtained against the Purchaser or any of its or their officers,
agrnts or employees in such suits or other promedinge, and in case judgment or offer lien be plaza upon or
obtained against the property of the Purchaser, or sad panics in or as a rant of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his commnors shall take all safety precautions, famish and install al guard necessary for the prevention of
accidents, comply w.m all laws and regulations with regard to safety including, but without limitation, me
Occupational Safety and Heath As. of 1970 and al today and r,.terms issued pursuant themes.
Revise 0712014