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HomeMy WebLinkAbout284919 ECONOLITE CONTROL PRODUCTS INC - PURCHASE ORDER - 3215362PO PURCHASE ORDER 321536er Page rC117/ of PURCHASE 3215362 1 of 3 Flirt ( oltins This number must appear !I\V`I V �7 on all invoices, packing sli s and labels. Date: 01/16/2015 Vendor: 284919 Ship To: TRAFFIC OPERATIONS ECONOLITE CONTROL PRODUCTS INC CITY OF FORT COLLINS 3360 E LA PALMA AVE 626 LINDEN STREET ANAHEIM CA 92806-2858 FORT COLLINS CO 80524 Delivery Date: 01/15/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Video Detection Cameras 24 LS 3,800.0000 91,200.00 For Maintenance & KFCG 2 Mounts 24 LS 60.0000 1,440.00 For Maintenance & KFCG 3 Tip 7 LS 955.0000 6,685.00 For Maintenance & KFCG 4 Tap 7 LS 1,850.0000 12,950.00 For Maintenance & KFCG 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 321536er Page City of PURCHASE 3215362 2 of 3 F6r} Cn all invoices, pacst spear //_^,'`�—J`-, ` Collins1 1 on all invoices, packing �slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 5 SDLC Cable 7 LS 50.0000 350.00 For Maintenance & KFCG s Fire Wire 7 LS 20.0000 140.00 For Maintenance & KFCG Parallel 1/0 Cable 24 Outputs 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 765.00 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 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Tom Collins is exempt from shire and local taxes. Our Exemption Number is I L NONWAIVER. 98 A4502. Federal Excise Tax Exemption Compare of Registry 84.6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe toms and conditions hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance afar payment for goods hereunder or informal ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of say of the wmstruies or obligations of this purchase order mod shall not be deemed a waiver of any right of the damage in aansil, may Is, resumed 1. you for credit and arc not m be replaced except upon receipt of wnaea pardoner to insist upon strict performance her,ofor any of its rights m remedies as to my such goods, regardless instructions form the City of Fort Collins. of when shipped, received or accepted, as m any pull, or subsequent default hereunder, nor shall my purported oral modification a rescission of this pumhae oNer by the Purchaser operate so a weaver of my of the Rana Inspection. GOODS are subject to the City of Fon Collins inspection on arrived. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in outlines, to this oNer can moult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aufcrecal payment on the pan of the City of Fort Collins. However, it is m be understood Out FINAL Seller and the Purchaser recognize Nat in aural economic practice, overcharges ra d ing from mrinust ACCEPTANCE is dapetdrnl upon completion of all applicable require inspection procedure violations are in fact home by the Purchaser. Theretofore, for good cause east as mmidention for amormag this purchase order, Ne Seller hereby assigrms to the Purchaser my mal all claims it may now have or hereaffer Freight Terms. Shipments cowl be F.O.B., City of Fiat Collins, 700 Wood St,, Fort Collins, CO 80522. unless mgvue l miler federal or state mtitmst laws fro such overcharges studio, to the Particular good m services otherwise specified on this order. Ifpermission is given to prepay f fight and charge separately, the original freight purchased or xquirtd by the Purchaser pursuant to this purchase oNer. bill mull accompany invoice. Additional changes for packing will real be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in venous pans of the country, shipment is Ifthe Purchaser direct the Seller to correct nonconforming or defective goods by a date to the agreed upon by file expected form the imareal donfl mmin in, to destination, and at. freight will be deducted Imm Invoice when Pmchser and the Seller, and the Seller thereafter indicales its mobility or unwillingness to comply, the Purchaser shipments arc made from greater docance. may cause the work to be paloccmed by the most expeditious names available to it, and the Seller shall pay all carts associated with such work. Permits. Seller shall procure at sellers sole cost all necessary fermis, on ificaam and licenses required by all applicable lows, regulmims, ordinances end It. of the smte, municiqudiry, memory or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agrees Ili hold the City of Fell Coll its harmless from mN agaiosl all liability and loss ncurmd by them by reoun of as asserted or established violation of my such laws, regulation, ordiwnaes, rules andra, rements. Authorization. All panics in this contract agree that the repreunmtives are, in fuel, bow fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance In the temp and conditions sorted herein set forth and any supplemenmry or additional lams and conditions annexed hereto or incorporated herein by reference. Any additional or different tarns and conditions proposal by seller are objected to and hereby r j u nil. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTin medimcly ifyou annual make complete shipment to arrive oa you, promised delivery (late as noted. q'ime is ofthe assents. Delivery and pent mane, most be effected within the time staled on the purchase order and the ductionar s attached hereto. No is of tlsa Purchasers including, witham limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Fireboat, shall have, in addition to other legal and equitable remedies, the option or pl.,m, his oNer elsewhere and holding the Seller liable for Homages. Ilowever, the Seller shall not be liable for damages as a resull of delays due to causes not reasonably freseeable which are beyond its reasonable control and without its fault oenegligence, such acts of Gal, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or oats provided that notice of the conditions musing such delay is given to the Purchase within five (5) days of the time when the Seller final received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period eqml to the time actually lost by reatan of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work animal by this order will conform with applicable drawings, specifications, samples makor other descriptions given, will be fit for the purposes intended, and pefornW with the highest degree of care and competence in accardance with accepted stundards for work of a similar nature. The Seller agrees to hold the purchaser hmmless (man any loss, damage or expense which the Purchaser may suffer or incur on accom, of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to the purchase, my defects or faults ansing within one (I) year in within such longer period of time as may be pramnbed by law or by the tams of any applicable warranty provided by the Seller after the daze of acecptmre of the goods burnished heeander box,tance not to be umetmnably delayed), resulting fiver imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall act comstimre a waiver ofany claim under this warranty. Except m 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 warmmies or guarantees, but such liability shall in can event include loss offal or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES R4 LEGAL TERMS. The Purcbaes may make changes to legal Runs by wnaen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the lams, other than legal tams, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by varb ul or wdnnn change older . If any such change ofany the..an, due or the time ofperfutmance hmcundm em equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may al any time by woman change order, terminate this agreement as to my or ail portions of the goods then not shipped, subject to any egdmble adjustment between the parties as to any work or materials then in prommas provided that the Purchaser shall not be liable for any claims for anticipated points on the uncompleted portion of the goods soaker work, for incidental or consequential dmwges, and Nat no such ailimmmnt be made in favor of the Seller with respect to any grams which are the Sellers standard stock. No such termination shall relieve the Financier or the Seller of any of their obligations as to my goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is oMered. S. COMPLIANCE WITH LAW. The Seller warrants Char all goods sold herenndcr shall base been produced, sold, delivered and famished in strict compliance with all applicable laws and regulation. to which the goods arc subject The Seller shall execrate and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be nwrpomted in agrameatt of this character are hereby lncoryeruted herein by this reference. The Seller agrees to indemnify and hold the Putdenc, harmless form all costs and damages suffered by ,he Purchaser as a lack of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent ofthe other party. I O. TITLE. The Seller warrants fill, clear and unrestricted title to the Purchaser for all equipment, amounts, and in ms famished in perfal meace of this agrecco nt, free end clear of any and ell liens, resaictlon ,reservations, security interest encumbrances and claims leathers. The Seller shall release the Purchaser and is convectors of my tin f all liability and claims of any canoe resulting from the performance ofsuch work. This release shall apply even in the event of full of negligrnee of the party, released and shall extend to the direcmrs, officers and employees ofsuch pray. The Sellei s contmemal obligations, including wamanry, shall not be deemed to be reduced, in any 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, material or process covered by letmn patent, trademark or copyright, the Seller shall indemnify and snve harmless the Purchaser from any and all claims for inringement by reason of the use of such pamamd design, device, material 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 any time during the pmsecmion or after the completion of the work. In case said equipment, or any pan thereof or the intended use ofthe goods, is in such suit held to constitute infringement and the me of said equipment or pan is enjoined, the Seller shall, it its own expense and at its option, either procure for the Purchase the right to continue using said equipment or pans, replace the same with substantially equal but noninfnbging equipment, or modify it so it becomes comminuting. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make as assignment for the benefil of creditors, appoint a receiver or trustee for any of the Sellers property or business, this older may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation of the agreement and the rights of all parties hereunder shall be aondowd under and governed by the laws ofhc State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to platform work herevada, including the services of Sellers Repaesenutive(s), on the promises of others. 12. SELLERS RESPONSIBILITY. The Seller shall carry on mid wok at Sellees own risk until the some is fully completed and acmpled, and shall, in tau of my accident, destruction or injury all the wok eaakm materials before Seller's fool completion and anceprmtt, complete the work at Sclla's own opaide and to the satisfaction of Oa, Purchaser. When mmmals and equipment are founded by others for installation or maim by the Seller, the Seller shall receive, unload, ,mare and handle same at Ne site and accurate, ,espearsible therefor res though such mmenals anakor equipment were being fiunions! "a Seller undo file order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment arworkers compensation including accttpauowl disease benefil, to is employees employed on or in connection with the wok lowest by this purchase order, and/or to that depacens in accordance with the laws of the state in which the wok is to be dam. The seller shall also carry comprehensive federal liability including, but not limited W. contmchal ad automobile public liability insurance with bodily injury and death limits of at least S100,000 far my one person, 5500,04)) for any ma accident and progeny damage limit per accident of 5400,000. The Seller shall likewise require his commas mrs, Ferry, to provide for such compensation and insurance. Before arty of the Sellers or his contractors employees shall do my work upon the premises of others, the Sellecshall fumish the Parchuer with a «Nfimte that such compensation and insurance have been provided. Such centrically shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby rees the entire responsibility and liability for any and rill damage, has or injury of any kind r nature whatsoever to persons or pmpeuy caused by or resulting more the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my r all of the Purchasers officers, agentx and employees from and against my read all claims, losses, damages, charges or expenses, whether direct or indirect, it whether to persons or property to which the Purchaser may be put or subjecr by reason of any an. action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchase, or its offices, agents or employees at any time oa account or by reason of my act, action, angled. omission or defaull of the Seller of any of his contractors or any of is or their officers, agents or employees as amrevid, the Seller hereby slimes to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, momeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Pmchoser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other two be placed upon or obtained against the property Mthe Pumuna, or said parries in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be diswlved and discharged by giving bond or otherwise. The Seller and his convectors shall take all safety precautions, fumish and install all gnaNs necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but without Ilmlmrion, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereat. Revised 07/ 014