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HomeMy WebLinkAbout113278 KONE INC - PURCHASE ORDER - 9150386Fort Collins Date: 01/15/2015 PURCHASE ORDER PO Number Page 9150386 1 of 2 This number must appear on all invoices, packing sli s and labels. Vendor: 113278 Ship To: OPERATIONS SERVICES KONE INC CITY OF FORT COLLINS 3 IVERNESS DR EAST 300 Laporte Avenue ENGLEWOOD CO 80112-5519 Building B FORT COLLINS CO 80521 Delivery Date: 01/15/2015 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price Elevator MainURepair for 2015 1 LOT LS 24,960.00 Per Bid #7540 Please bill quarterly increments. )(1,4 a) a? 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@fogov.00m 111Vin�YL'lt'dltxtA7 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 1. COMNERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm stale and local nixes. On, Exemption Number is 11. NONWAIVF.R. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000580 is registered with be Collec n, of Failure of the Purchaser In insist upon mutt perfommince of the temp and candidates hereof, failure or delay m Inremal Revenue, Denver, Colorado (Ref. Colombo Revised Statues 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 ofor payment for goods hereunder or approval ofthe design, shall rest relwse the Sella of Goods Rejected. GOODS REJECTED due to failure as meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall net be droned a waiver of tiny right or the damage in transit, may be returned to you for credit and are at b Is, replaced cacWt upon receipt of wrimeo purchaser to insist upon shict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Too Cullum. of when shipped, received or nccepted, as to any prior or subsequent default hereunder, nor shall any pu anted oral modification or rescission of Nis purchase order by the Particular operate as a waiver of any of the arms Inspection GOODS are subject to the City of Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser marginal that in actual economic practice, ovemhorm, resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure. violations art in fact borne by the Purchases Themtofrre, Ergood cause an m mmideraticn for executing this purchase older, be Seller hereby resigns to the Purchaser any and all claims it may now have or hereaftm Freight Tern. Shipments must be F.O.B., City of Fall Collins, 700 Wood St, Fail Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharge relating to the particular goods or services otherwise specified on this color. Humanitarian 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 packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in vario s pans of the country, shipment is If the Purchaser direcR the Seller to coney nonconforming or defeatism goods by a daze m be agreed upon by the expected from the nearest distribution point Ira destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. 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. Permits. Seiler shall promdre at sellers to cost all mcssary pemhits, cenifients and limos "mreb by all applicable laws, regulasions, on insnes and roles of the mile, municipality, territory or political subdivision where The Seller shall releam be Pumhreer and its contractors of any tier fmm all liability and claims of any nature the work is performed, or required by any ocher duly constituted public authority having,madiction over the work resulting from the pedfaamnnce c f such work. of vendor, Seller further agrees ,, hold the City of Fall Collins himiless from and agairut all liability and loss incurred by them by reason of an asserted or stabiished violation treaty such laws, regulations, oldiwnced, roles This milace shall apply even in the event of fault of negligence of the party released and shall extend m the and requiremi direaars, officers add employees Ofsuch party. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and The Seller's comracdwl obligation, including womanly, shall not be deemed,, be reduced, in arty way, because complete authority to bind said pries. such work is Performed or caused to be performed by the Purchaser. LIMITATION OF TERh1S, This Purchase Older expressly limits acceptance to the temp and conditions must herein son forth and any supplementary or additional ream and conditions annexed hereto or incoryomted herein by reference. Any additional or different terms and conditions pmposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa year promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without initiation, acceptance officinal lute deliveries, shall operate m a waiver of this provision. In the event orally delay, the Purchaser shall have, in addition to other legal and equitable remedies, he option of placing this order elsewhere and holding she Seller liable for damages. However, the Seller shall not be liable fro damage m a resole of delays due to woos not reasowbly foreseeable which are beyond in reasonable cooled and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priories, fires, tankers, mood, epidemics, wars or dots provided that notice, of the conditions taming such delay is given to the Purchmer within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall W extended for the Penned ryual to the time actually lost by reason ofo, delay. 3. WARRANTY. The Sella warms that all goods, articles, nationals add work covered by Nis order will conform with applicable drawings, specifications, samples and/or other desmiptions given, will be, fit for the puryms intended, an performed with the highest degree of core add[ campetenee in accordance with accepted standards for work of a similar wire. The Seiler agrees to hold the panchoker hamless from any loss, damage or expense which the Purchaser may suffer or incur on account argue Seller breach of warranty. The Seller shall replace, repair or make good, without emno the purchaser, any defects or faults wising within One (1) year or within such longer penned of dime as maybe pr«eibed by law or by be terms ofmy applicable vall provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be nmmmwbly delayed), resulting fmm imperfect or defective wad done Or materials fumishcl by Me Seller. Acceptance or use Ofgt o L, by the Purchaser shall mat constitute a waiver of any claim When 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 any of the foregoing waramis or guvalroms, but such liability shall in no event include lass of profin or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser ray make clool s to legal an. by wriam change other. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the time, other than legal terms, including additions ,, m deletions from the 9nmtities oriyiwlly covered in the sped fiaoious or dmwiag, by venial or wrom, change ardec If any such change aliens to amount due or the time ofperfodmance hereunder, on equitable adjustment shall be rode. 6. TERMINATIONS. The Purchaser may at any time by wrihen change order, terminate this agreement asto any o all portions Of the goods then not shipped, subject to any equitable adjustment between the panics us to my work or materials then in progress provided dud he Purchmer shall vim be liable for any claims for anticipated pnfrs oa the uncompleted Portion argue goals amber work, for incidental cr wen yuential damages, and that no such adjustment b, made in favor arms Seller with respect to any goods which are the Sellers standard stock. No such termination shall mlieve the Purchaser or the Seller orally oftheir obligation in to coy goads delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for shammed meal be asserted within thirty (30) days from the dale the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller radicals that ail goods sold hereunder shall have been produced, sold, delivered and famished in stria ompliance with all applicable laws an regulations to which be goods am subject The Seller shall execute and deliver such documents as may be required m effect or evidence compliance. All laws and regulation required to be, incorlomted in agreements of this character arc hereby barefooted herein by this reference. The Seller agrees to indemnify amd held the Purchmer hamdss firm all emts an damags suQeded by the Purchaser is a union of the Sellers failure to comply win such law. 9. ASSIGNMENT. Neither party shall resign, tramfm or convey this order, or any monies due in to become due hereunder without the prim wdnen mascot ofthe other parry. 10. TITLE. The Seller warrants full, clear and muesaicted title to the Purehreor for all equipment, materials, and items famished in performance of this agreement free tad[ clear of my and it Item, rstictima, rcmrntims. secnity indedsa emumther—es and claims ofothera 14. PATENTS. Whenever the Seller is required to use any design, des ice, material or process covered by letter, patent, undertook wp,rigM, the Seller sbal I indemnify and save borness the Purchaser from any and all claims for infn,mant by mason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any can, expense or damage which it nay tr obliged to pay by rearm ofsuch infringement at any time during the prosecution or after the completion of the work. In eve said equipment, or any part thereof or the intended as, 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 pmcude for the Purchaser the right to continue using said equipment or pans, replace the mine with substantially equal but wninfringing equipment or modify it so it becomes honinfavging. 15. INSOLVENCY. If the Seller shall become insolvent or bahkmpt, make an assignment f the benefit of creditors, appoint a or trustee for any or the Sellers pro., or business, his alder may forthwith be canceled by be Purchrecr without liability. 16. GOVERNING LAW. The definitions of tents used or the interpretation ofthe agreement wed the rights of all panic hereunder shall be consuuedunder wed governed by the laws of the Store ofColondo, USA. The following Additional Conditions apply only in cases where the Seller is in perform work hereunder, including the services of Sellers Representative(s), on the premises archers. I). SELLERS RESPONSIBILITY. The Sells shall carry, On said work at Sellers mum ask .,it be same is fully completed and accepted, and shall, in e of any accident, devotion or injury to Ne work and/or materials begins Sellers Ewl completion and acceptance, complete the work at Sellers own expense and to the continental of the Purchaser. When mmcnals and egoipment arc famished by others for installation m erection by the Sells, the Seller shall naive. unload store ad[ bang, same at the site and become rn,miblc therefor Or Nought such muleriais andtor epmipinmd were being famished by the Seller order the native. 18. INSURANCE. The Seller shall, at his own expense, provide for he payment of waskers compmmtion, including compatiawl disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sure in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance vah bodily injury and death limits of at least $3nI1.d.0 for any one person, 5500,000 for any one accident an property damage limit per accident of S400,000. The Seiler shall likewise require his ontrzcto s, if any, to provide for such comparnexuation and announce. Reform any of he Sellers or his contractors employees shall do any work upon the premiss of others, the Seller shall famish the Purchmer win a certificate that such compensation and insurance have been provided. Such cmifcats shall specify the dam when such compensation an insurance have been provided Such cenifhcemn shall specify the date when such compensation and mouranee expim. The Seller ages tut such compensation and insurance shall be maintained it after be entire work is completed an accepted. 19. PROTECTION AGAINSIACCIDENTS AND DAMAGES. The Seller hereby assumes the entire resporuibility and liability for any and all damage, loss or injury of my kin r nature whatsoever b pedson in property armed by or resulting from be execution ofthe work provided fro th this purchase order or in connection herewith. The Sella will indemnify and hold hamdess Ne Purchmer and any r all of the Purchasers officers, agents and employees finer and against my and all claims, losses, damages, charges or expcmes, whether direct or intact, and whether to prnom or property to which the Purchmer may be put or subject by reason of any act action, neglect omission or default on the pan of be Sella, any of his contractors, or my of the Sellers or co motods officers, agents or employees. ht case any suit or other proceedings shall be brought against be Purchaser, or its officers, agents or employees at any time on account or by reason orally act, action, neglect omission or default argue Seller of any orbit contractors or any of its or d ur officers, agents or employees as afaremid be Seiler hereby ogres an assume the defensr, Hereof and to defend tie come rid the Sellers own expense, to pay any and all carts, changes, attorneys fees tad other expems, any net all judgments that may be incurred by or obtained against the Pudchazer or any of ias err their officers, agents or employees in such mice or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchmes or said pries in or ss a result intent suits or other proceedings, the Seller will ad once come the mine to be dissolved an discharged by giving bond or Oherwise. The Seller and his mntracmrs shall take all rarely prtcan ians, famish an install till guards necessvy for tie pmmtion of accidents, comply wish all laws and regulatiom wit degafd to safety including, but without limitation, the Occupational Safety and Health At of 1970 and all rules and regulations issued pu mard thereto. Revised (OnOt4