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HomeMy WebLinkAbout102620 MOUNTAIN STATES ELECTRONICS INC - PURCHASE ORDER - 3215244Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 102620 MOUNTAIN STATES ELECTRONICS INC 2107 S COLLEGE AVE FORT COLLINS CO 80525-1426 PO Number Page 3215244 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: 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 Order Misc. Supplies 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 2,000.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By module the City of Fan Collins is exempt from scam and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is neglected with the Collector of Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 3A26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fon Collins. Inspection. GOODS are subject to the City ofFort Collins inryection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authwaed payment on the pan of the City of Fort Collins. However, it is to be =demand that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most ba F.O.B., City of Fort Collins, IN Wood St. Fort Collins, CO 80522, mows otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will tut be acc,gM Shipment Distance. Where manufacturers have disordering points in various pans of the country, shipment is expected from the nearest distribution mint to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all neussary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the awe, mmicipaliry, cerwory or political subdivision where the work is performed, or required N my other duly masticated public auhorty having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins remorse. from and against all Tishah, and loss incurred by them by reason of an asened or established violation of my such lawsregulations, ordinances, rules and requirements AushmiVition. All parties to this contract agree that the representatives see, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expr¢sly limits acceptance to the terms and condimrs stated herein set foM and my supplementary or additional terms and conditions annexed hereto or incorporated herein by referee«. Any additional or different terms 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 serve an your promised delivery date as noted. Time is of the essence. Delivery and performance most be elfectN within the time saved on the purchase order and the demon n stressed hereto. No sus of the Purchasers including, withom limitation,acceptance of pamal lam deliw6es, shill operate as a waver ofthis pmovision. In the event of any 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. Howes,, the Seller shall not be liable for damages as a result of delays due in causes not reasonably foreseeable which are beyond its reasonable control and whiner in fault of negligence, such was of God, ens of civil or military authonties, gavemarmral primium. fire, strikes. Rend epidemics, wars or mats provided that notice of the mediations casing such delay is given to the Purchaser within five (5) days of the time whim the Seller first received knowledge therm( In the cent of any suds delay, the date of delivery shall be encoded for the p read equal to the time actually lost by reason of the delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by this order it conform with applicable drawings, specifications, samples ammr other descriptions given, will be fit for the purpam, intended, and performed with the highms degree of care and competmce in accordance reach accepted standards for work of a similar name, The Seller agrees as hold the purchaser harmless form my lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replies, repair or make good, without cost to the purchaser, my defects or faults ansing w.thmn one (1) year or within such longer period of time as may be presented by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder lacceptmee not to be unreasonably delayed), residing from imperfect or defective work done or matensls famished by the Seller. Acceptance or use of good by the Purchaser shill nos mtdtute a waiver of my claim under this wmrm y. Except as otherwise provided in this purchase order, the Sellers liability hereunder shill examal to ill damages proximately caused by the breach of my of the foregoing wmantlo or guarantors, but such liability shall in no event include loss of profits or loss arms NO LMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal arms by written change order. 5. CHANGES IN COMMERCIAL TERNS. The Purchaser may make my changes to me terms, other Ism legal mean, including additions to or deletions from se quart,tics originaly ordered in se meeffi—eas or drawing, by verbal or verms, Ohmic, order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchases may w any time by scram change order, Nominate this agreement as to any or all portions of the goods than not shipped subject to my movable adjnronmt between the parties as to my work or materials Ism in progress provided dean the Purchases shall not be liable for any claims for a micipmad profits on the meompleted Proton of the good and/or work, for mcidmtal or consequential damages, and that no such adjustment be made in favor of the Seller with respect o any goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. Z CLAIMS FOR ADfUS TINT. Any claim for adjustment muss be asserted within thirty (30) days form mho time the change or mrmimman is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold delivered and famished in stno compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such doex mmn as may be required to off ed or evidmen compliance. All laws and regulations required to Se ncm,mated in vgreemmn of this character are hereby inmryomted herein by this reference. The Seller agrees to indemnify and held the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENr. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder wiihmu the prior wrinm coax., of the ode, prosy. 10, TITLE, The Seller warrants full, clear and womwnmed title to me Purchaser for all equipment materials, and items furnished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security inleram encumbrances and claims of others. 11. NONWAIVER. Fardwe of the Purchaser to insin upon sans perfornewen of the lamas and —&.on, hereof, failure or delay ro exercise my rights or remedies provided herein or by law, fall um to promptly tied fy the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval of the design, shill not release the Seller of any of the warranties or obligations of This purchase order and shall not be deemed a wai vet of any tight of the producer to insist upon strict performance hereof or my of its rights or remedies as to my such goods, regardless of when shipped, received or accepted a o to my prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser remgnim that in actual econIc practice, overcharges resulting from mtitmst violations are in fact home by the Purchaser. Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or state mtitmsr laws for such overcharges relearn, to the particular goods or services purchased or agwred by the Purchaser pursumuo this purchase order. 13. PURCHASERS PERFORMANCEOF SELLERS OBLIGATIONS. Him, Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed open by the Purchaser and the Seller, and the Seller thercaf er indicates its inability or moillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and in matnctors of my tier from all liability and claims of my nature resulting from the performance of sock 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 parry. The Sellers communist obligations, including wmmry, shill not be deemed to be reduced in my way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, manorial or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for mi rin,ement by reason of the use of such parented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast expense or damage which it may he obliged to pay by reason of such inGngemml at my time during the prosecution or after the completion of the work. In case said equip rmt or any pm thereof or the intended use of the good, is in such suit held to momenta nta infrm,canet and the use of said equipment or pan is enjoined, the Seller shall, ar its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noniaftinging equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY_ If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a mceever or mutes, for my of me Sellers property or business, this order duty foMwith he canceled by the Parches, wisour liability. 16. GOVERNINGLAW. The definitions clients used or the Interpremlon of the agreement and the rights of all names hereunder shall be construed under and governed by she laws of the State of Colorado, USA. The following Additional Conditat apply only in cases where the Seller is to perform work hereunder, including the services of Sailers Re aVentasivHs), on the premises dreams 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident, dmmmen or injury to the work and/or materials before Sellers final completion and acceptance, mmplem the work ar Sellers own expense and to the aausf edom of the Purchaser. When materials and equipment are fumialreci by others for installation or erection by the Seller, the Seller shall receive, upload store and handle same N the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller order the order. I8. INSURANCE_ The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, in its employees employed on or in mmeemn with the work mvemd by this purchase order, and/or to their dependents in semrdance with the laws of the sane in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited in, contractual and automobile public liability insurance with buddy injury and dews hours of st least $300,000 for any one person, s50gOm for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his If my, to provide for such compensatione and insurance, Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall furnish the Purchaser with a cmifcate that such compensation and insurance have Isom provided. Such a mica es shall specify the daze whim such compensation and iturmm have Seem provided. Such certificates shall specify the date whom such mmpmsation and insurance expires. The Seller agces that such eampetauon and insurance shill be malntwned mul after the mare work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rV onsiblliry and liability for any and all damage, loss or injury of my kind or nature whensoever to Persors or property caused by or resulting from the execution of the work provided for in dins purchase order or in corn V,taw l emwith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and again my and all claims, lasses, damages, charges or expenses whither direct or indimct, and whether to persons or property to which the Purchaser may be put or subject N reason of my act, action, negleq omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors; officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employes at my time on mmunr or by reason of my an, action, neglect omission or default of me Seller of my of his contactors or my of in or their oRimrs, agents or employees as aferaswd the Seller hereby agrees in assume the delete thereof and to defend the same in the Sellers own expense, to pay my and all min, charges, dismays fees and other expenses, my and all judgments drat may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgermt or other lien be placed upon or obtained against the property of the Purchaser, or said Panama in or s r a result of such suits or other proceedings, the Seller will az once cause the same in be dissolved and discharged by giving bond or otherwise. The Seller and his monomers shill take all vary precautions, famish and innall ill guard rawmary for the prerenma of accidmes, comply wild ill laws and regulations with regard to safety including. but withom limimtion, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursued thereby Revised 07R014