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HomeMy WebLinkAbout549906 CLIPPERCREEK INC - PURCHASE ORDER - 9150414Fort Collins PURCHASE ORDER PO Number Page 9150414 1of2 This number must appear on all invoices, packing sli s and labels. Date: 01/16/2015 Vendor: 549906 Ship To: OPERATIONS SERVICES WAREH CLIPPERCREEK INC 518 N. LOOMIS 11850 KEMPER RD SUITE E FORT COLLINS CO 80521 AUBURN CA 95603 Delivery Date: 01/15/2015 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price Clipper Creek HCS-60 Level 2 1 LOT LS 8,267.00 EV Charging Stations- qty (3) ref. quote dated 1/15/15 per Stuart Irwin City of Thre HCS-60 Dual Mount Systems Component list Qty P/N Description extended Cost 6 0903-00-000 HCS-60 EV Charger $5,394 3 0300-00-019 HCS Pedestal $2,157 3 0300-00-020 HCS Dual Mount kits $480 1 Freight $236 Total charge = $8,267 Contact: Tracy Ochsner 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.mm 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 swum the City of Fon Collins is exempt from shoe and local taxes. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of Failure of the Purch tier to insist upon strict performance offe terns and condition hermf, failum or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein of by law, failure to promptly notify the Seller in the event are breach, the acceptance of or payment for goods hereunder or approval ofNe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of any of the ..,.all. or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt a women Purchaser to insist upon strict performance hereofor any of its rights or remedies m to my such goods, regardless Instructions from the City of f an Collins. of whin shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purposed oral modification or mansom of this purchase order by the Purchaser apemen m a waiver of my ofNe teem impaction GOODS are subject. On, City cretin Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in reapoma m this offer an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorial payment on the pan of the City of Fan Collins. However, it is . be understood that FINAL Sella and the Purchmer recogrtix that in mtml ec is practice, overcharges resulting firm commust ACCEPTANCE is dependent upon completion ofall applicable required impaction procedures. violations am in fact home by fire Phver. Theretofore, fonr good aux and as consideration for executing Nis arc purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins. IN Wood St., For Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified oa this order. [Intermission is given to prepay freight and charge sensuality, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must wcomanv invoice. Additional charges for Packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is mpected from be rarest distribution Point to datimtion, and excess freight will be deductN from Invoice when shipments are made fmm greater dismmx. Permits. Sella shall procure .sellers tale cost all necessary pa nd., certificates and [unties required by all applicable laws, regulations, ordinances and tales of the store, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public outhmiry havingjuris ictim over drc work of vendor. Seller Birds agrees to hold the City of Fort Collins homeless fmm and against all liability and loss incurred by them by ratamused o n of an ed or established violation of any such laws, regulations, Nimnces, rules and requirements. Authorization. All panics to this contract agree that the reprexntmives am, in fact, bona file and possess full end complete authority to bind said ponies. LIMITATION OF TERMS. This Purolator Order expressly limits acceptance m the to. and conditions scandal herein act forth and any supplementary or additional tram and conditions mmexed boom or incorporated herein by reference. Any additional far di@rentlima and cadmium proposed by He, are objal,d to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately trying cannot make complete shipment to drive on your promised delivery dam as noted. Time is of the essence. Delivery, and perffir. most be effected within the time slated on the Paribas, order and the documents attached hereto. No arts of the Purchasers including, without limitation, acceptance ofpasiai lam deliveries, shall operate to a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to otter legal and equitable remedies, the option of pining this order elsewhere and holding the Seller liable for damages. However, the Seller shut not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable contra] and without its fault of negligence, such acts of Gad, acts of civil or military authorities, govemmencal prionties, fires, strikes, flood, epidemics, wars or hots provided that notice of the conditions coming such delay is given to the Purchma within five (5) days of the nine when the Sella first received knowledge farad. In Br event of my such delay, tic date of delivery shall be extended for the period equal to the time actually Imo by reason oftlrc delay. 3. WARRANTY. The Seller warrants hat all goods, articles, materials and Work coveted by this order will conform with applicable drawings, specifiasons, samples mdtor other descriptions given, will be fret (or the purposes intended, and performed will the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time is may be prescribed by law or by the terms ofany applicable warranty provided by the Sella after flue date of acceptance of the good famished hereunder (accepmme not to he unreasonably delayed), resulting from imperfect or defective work done or materials flunished by the Sella. Acceptance or use of goods by the Purchmer shall not comtimte a waiver of my claim under flux warranty. Except as adheswix provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wdroughts or gmo mees 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 TERMS. The Purchaser may make changes to legal terms by mar n change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal hams, including additions to or delaions from the quantities originally ordered in the speci fictions or drawings, by veMl or written change other. If any such change affeca the amount due a the time ofpMmmarred bereurdes, an equitable adjustment shall be made. 6. TERMINATIONS. The Purclamer may al my time by written change order kminam this agreement m to any or all partlo. of the goods then not shipped, subject to any equitable adjutmem Filament the panics as to any work or materials then in Progress provided that the Porchssm shall nut be liable for any claims for a.icipned profits oa the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of he Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller orally of their obligations as to any good delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (301 days from the date tie change or Nomination is ordered. I. COMPLIANCE WITH LAW. The Sella wafeaa tot all goods cold bereunda shall have been produced, said delivered and famished in strict compliance coif ill applicable laws and fegulatiom to which tie good am sublet The Sella shall execute and deliver such documents as may a required f eRed or evidencecompliance. All laws and mgulatiom rowboat as be incorporated in ageemena of this character are hereby mceryomkd herein by this reference. Ile Seller agrees to indemnify and hold the Purchooa harmless from all costs and dmtages sufficed by the Johnson to a result of the Sellas fait¢ to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinrn mnsmt of tie man parry. 10. TITLE. The ScHor warrants full, clear and considered tide. tie Pureoser fan all equipment, materials, and items furnished in pert anus of this agreement fire and clan of my end all liens, restriction, reservations, security interest commitmnca and claims of of m. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Seller to coma nonconforming or defective goads by a dam to be agreed upon by the purchaser and the Sella and the Sella th denfla indicates its inability or unwillingness to comply, the Purchaser may came the work to Ix paf rmed by the most expeditious mean available to it, and the Sella shall pay all cask, reaocured with such work. The Sella shall relcme the Purchaser ad its contactors of my sea from all liability and claims of any not ere resulting fmm the perfr rat, of such walk. This outdoor shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and emplayas of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he p<dormed by the Purchaser. 14. PATENTS. Whenever the Seller is rtquioed to use any design, device, material a process covered by lever, patent hademar, or copyright, den Serer anal indemnify and sore harmless den Purchaser firm my and all claims for infringement by reason of the use or such patented design, device, .arrval or process in mmeaion wif the coouaa, and shall indemnify the Purchaxf for any ma, expense at damage which it may be obliged to pay by mason of such infringement of any time during the pmwarron or after the completion of the work. In cave said equipment, or any pan thereof or the intended use of the goods, is in such wit held to constitute infngement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmcme far the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfnging equipment, or modify it so it becomes noninfnging. 15. INSOLVENCY. If to Sella shall become insolvent or hankrupt, make an axogmnrm for the bemfil of creditors, ap,mm a or make for my of the Sellers property an basivess, this coda may forthwith be o aceled by the prralmor without liability. 16. GOVERNING LAW. The &finitiom oftema used a the interpretation offe agreement and the righk of all parties hadmnder shall he conswed under anal governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. IT. SELLERS RESPONSIBILITY. The Sella shall arty on said work at Seilar's own risk until the same is fully completed and occurred, and shall, in rase of my accident desmrefion or injury to fe work and/or materials before Seller's foul completion and ateyhnce, complete tie work at ScHrea own expense anal to the satisfaction of tie Pardoner. When m,enals and equipment art fuMshed by others for installation in conform by the Sella, tie Seller shall receive, clod, scare and handle scone , the site and become responsible therefor, . !ugh inch .,,Halt sledge, equipment were being famished by tie Sella under tie ender. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefia, to is employees employed on or in connection with the work covered by this purchase order, and/or to their depender a in accordance with the laws of the state in which the work is to be done. The Seller shall also may comprehensive general liability including, but not limited to, contractual and automobile public liability accurarrivC coif beadily injury and death limits of at least 5300 00) for any one person 5500,000 for any one accidentanalproperty, damage limit per accident of 84W,OW. The Seller shall likewise require his confirsuchum, Harty, to provide for such compms,ion and instance. Before my offe Scllas or his contractors employees shall do any wort upon the poemisa of oaled, the Seller shall famish the Purchaser coif a cenifmam that such mono mm uric. and insurance have been provided. Such cerifimfes shall specify, tie dam when such compenation and mandate have ban provided. Such cenificata shall specify the dam what such compensation and insurance expires. The Saner agrees that such compensation nil insurance shall b, maintained cam after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the retire responsibility and liability for my and all damage, lass or injury ofany kind r nature whatsoever to persons or property caused by or resulting from the execution of the work Provided for in this purchase order or in manesumn herewith. The Seller will indemnify and hold harmless the Purchaser and any m all of the Purchasers oRars, agma and employees from and against arty and all claims, losses, damages, charges err expenses, whether direct of iMr., and whedmr or persons tar Empary to which the Purchaser may be put or subject by reason of my act, action, neglect, omission a &fault on Ind pan of fire Seller, my of his camenters, or my of tie Sellers or ant.etors oMe—, ageoa or employes. In case any .it or other proceedings shall be brought against the Purcosep or its officers, agents in employees at any time an recount or by season of any act, acfion, neglect, omission or default of the Sella of my of his mammon or any of its or their officers, agents or employees to aforesaid, the Seller hereby agrees to assume the defense fereof and f defend the same at the Sellers own expense, to pay any and all casts, charges, auomrys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of is or their officers, agents or employees in such suits or other proceedings, and in case judgment or other him be placed upon err obtained against the property off, Pumhaxr, or said parties in or as a result of such suits or other proceedings, the Sella will at once cause the same to he dissolved dad dcharged by giving band or otherwise. The Seller and his commeton shall take ill wRry pmcautims, famish and install all guard naasary fan tie prevention of ccidena, comply wif ill laws and regulations wif ,and as afay includin, bur without limitation, tie Occup,ioml Safety and Heal! Act of 1970 shall all tales and regulation issued pursuant thereto. Revised WQ014