HomeMy WebLinkAbout113278 KONE INC - PURCHASE ORDER - 9150388Fo t of
Date: 01/15/2015
Vendor: 113278
KONE INC
3 IVERNESS DR EAST
ENGLEWOOD CO 80112-5519
PURCHASE ORDER
PO Number Page
9150388 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/15/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Blanket order
To cover the cost of miscellaneous elevator repairs
for fiscal year 2015.
All services shall be ordered by City Facilities department
only. All completed services must be accompanied by an
invoice orjob ticket including contact person and
site location.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of aoods and/or services.
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
1 LOT LS
10,000.00
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 statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
11. NON WAIVER.
98-61502. Federal Excise Tax Exemption Certificate of Registry 84-K(S)587 is registered with the Collator of
Failure of the Purchaser to insist upon strict pert auce ofthe terms and conditions hereof, failure are delay to
Internal Revenue, Deaver, Colorado (Ref. Colomda Revised Samtes 1973, Chapter 39-26,114 (a).
exercise any rights or remedies provided herein or by law, failure in promptly notify the Sella in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not rticae the Seller of
Goods Rejected GOODS REJECTED due to failure to abet sped fiwdons, either when shipped no due to defects of
any of the wamnties in obligations of this putchac order and shall not he deemed a waiver of any right of the
damage in transit, may br, mmtned to you for credit and are not to be replaced except upon receipt of wnnen
purchaser to insist upon shim performance hertofor any of its rights or remedies a to any such goods, regardless
instructions from the City effort Collins.
of when shipped, received or accepted, as to any prior or subsequent defult herewdcn nor shall any imported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the gems
Inspection. GOODS are subject o Life City of Fort Collins inspection on arrival.
hereof.
Fire) Acceptance. Receipt of the merchandise, servicei 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 4 understood that FINAL
r
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures.
violations are in fact berms, by the Purchaser. Themofore,nfor goal cause and as comidemtim for executing this
purchase oaer, the Seller hereby assigns to the Parehuer any and all claims it may now have or hereafter
Freight Terms. Shipments most be EO.D., City of Fort Collins, 900 Wood St., Fort Collins, CO 80522, unless
acquired under fedcml or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this oNer. If permission is given to prepay freight and charge separately, the mig tied freight
purchase) or acquired by the Purchaser pursuant an this purchase oNe,
bill matt accompany handle. Additional charges for packing will nor be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various Was of the country, shipment is
Ifhe Purchaser dimets the Sella to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution paint f destruction, and excess (might will be deducted from Invoice when
Purchaser and the Sella, and the Sella thereafter indicates its modify or unwillingness to comply, the Purchaser
shipments are made from greater distance
may cause the work to be performed by the moor expeditious means available to it, it the Seller shall pay all
casts associated with such work.
Permits, Seller shall procure at sellers all cast all meessvy ploods, certificate and licenses acquired by all
applicable laws, regulations, ordinances and rules ofthe cam, municipality, territory or p.late.] subdivision where
me work is permared, or required by any other duly camtinated public authority haviogjurisdiction over the work
of vendor Seller buffer agrees as hold the City of Fiat Collins Foramens from and against all liability and loss
incurred by them by reason of as asserted or established violation of any such laws, regulations, ordinances, mlo
and requirements.
Authorization. All parties to this contract agree that the representatives art, in bet born fide and possess full and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Immoral Order expressly limits acceptance to the terms and conditions stated
farm set Laos and any supplementary or additional terms and conditions annexed hall. or incarmarm J herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby jested.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyan aging make complere shipment o arrive on your
promised delivery dam as acted. Time is of the essence. Delivery and performance muss ha shoaled within the It.,
stated on the purchase order and the documents attached harem. No acts of the Foramen, including, without
limitation, acceptance of partial late deliver ea, shall agent m a waiver of Nis provision In the event of any delay,
the Purchaser shall have, in addition to other legal and equimble remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be Inside for damages w a rand, of delays
due to woes not reasonably foreseeable which art beyond its rea»ruble control and without its fault of negligence,
such acts of GW, acts ofcivil or military authorities, govemmenml priorities, fires, maims, Rood, epidemic, wan or
riots provided fact notice of the conditions causing such delay is given w the Purchaser within five (5) days of the
time when Life Seller fast received knowledge thereat In the event of any such delay, the date of delivery shall be
extended for the period equal to the time acmully lost by reason of the delay.
3. WARRANTY.
The Sella warrants that all good, asides, materials and work covered by this order will conforrn with applicable
drawings, specifications, wmples fall other descriptions given, will be fit for the poryoer intended, and
Performed with the highest degree of are and competence in accordance with accepted standards for work of a
miler nature. The Seller agrees to hold the purchaser harmless from any Loss, damage or expense which the
Pumhmer, may suffer ar incur an ...at of the Set[. breach of.ly. The Sella shall replace, repair or make
Sued, without cost to the purchaser, any defects or faults arising within one (1) year to within such longer Placid of
time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of
acceptance of the goad famished hereunder (acceptance nor to M inneeasoambly delayed), resulting from imperfect
or deflective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser.chot[ not
constitute a waiver of tiny claim tinder di s woranry. Except an, otherwise provided in this purchase order, rise Sellers
liability havunda shall extend to all damages proximately caused by far breach of my of the foregoing wart
or guarantees, but such liabil try 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 wain change older
5. CHANGES IN COMMERCIAL TERMS.
The Purchme, may make any changes to fire terms, tither than legal terms, including ankh as 10 or deletion Imo
fie quantities originally ma ne l in the sawif [ions or drawings, by verbal or written change oNer. If any such
change affects the amount due or fie time ofperf cal once hereunder, an equitable adjustment shall be made.
6.TERMINATIONS.
The Purchaser may at any time by written change mart. terminate this agreement w to any or all portions of the
goods then and shipped, subject to any equitable Wjunma d between the parties as to any work or materials than in
pmgns provided that the Purchaser shall not Ise liable for any claims far anticipated profits on the uncompleted
posti ns of the goods and/or wok, for incidental or consequential damages, and that no such adjustment be made in
favor of the Sella with respect w any Sand which are fie Sellers standard stock. No such rermiration shall relieve
Life Purchaser or the Seller ofany of their obligations as to any good delivered hereunder.
J. CLAIMS FOR ADJUSTMENT.
Any claim for adjusrmem must he assented within thirty (30) days from the dam the change or termtwtton is
ordered.
8. COMPLIANCE WITH LAW,
The Seller warrants that all goads sold hereunder shall have been produced, sold delivered and famished in atria
compliance with all applicable has and reguladom to which the goods arc subject The Sella shall execute and
deliver such documents as may be requital to effect or evidence compliance. All laws and regulations required ro be
ncoryorated in offseason, of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser Iarmless from all cots and damages suffered by the Purchaser as a recoil of the
Sellers failure to comply with such cow.
9. ASSIGNMENT.
Neither panty shall assign, number, or convey this order, or any monies due or to become due hereunder without fie
prior raiders commit ofthe other party.
10. TITLE.
The Seller warrants full, clear and dmrsmcted fife to fie Formation for all equipment, nterials, and items famished
or performance of this agreemen, free and clear of any and all lies, restrictions, reservations, security interest
encumbrances ail claims of others.
The Seller shall release the Purchaser and its contmemrs of any her from all liability and claims of my wane
milting from the perfomance nfauch work.
This release shall apply even in the event of fault of negligence of the party regaled and shall extend to the
directors, officers and employees of inch may.
The Sellers contractual obligations, including warranty, shall not be deemed as be reduced, in any way, because
such wall: is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device, thermal or process covered by fault, porn, trademark
or copyright, the Seller shall indemnify and save hmmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in convection with the contract, and
shall indemnify the Purthazcr for any cast, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the nucleation or after the rnmpletion of the work. In case said equipment or
any part thereof or the intended use of rise goad, is in such suit held to seasonal infdngamem and the use of
said equipment or pan is eajomed, the Sella shall, are its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
con formiing equipment, or modify it so it becomes ..infringing.
15. INSOLVENCY.
If the Seller shall become insolvent or haarmp, make . assignment for the benefit of creditors, appoint e
receiver or trestle for any of the Sellers Employ or b sines, this order may foMwith be canceled by the
Purchaser without liability.
I6. GOVERNING LAW.
The definitions of hams used or the interpmation of the agreement sd the rights of all panics hercander shall be
ronswed under aW governed by the laws offal State of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work Invariant
including the services of Sellers Representational), on the premises ofothers.
❑. SELLERS RESPONSIBILITY.
The Sella shall arty an said work at Sellers own risk writ the same is fully completed and accepted, and smil,
in se of any accident, destruction or injury w the work andlor materials before Sellers final completion and
accrytance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When marmots
and equipment are famished by he. far installation or erection by the Sella, the Seller shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials and/or equipment
were being fuffiched by the Seller under fe oNer.
IS. INSURANCE,
The Seller shall, o his own expense, provide far fie payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with fie work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which fie work is to be done. The Seller
Shall also Carry.mprehensive geneml liability including. but limited to, contmetual and amorrobile public
liability insurance with bodily injury, and death limits of at [cast S300,000 for any one person, S500,000 for any
one accident and property damage limit per accident of S400,000. Ile Seller shall likewise rtsNire his
commaors, if any, w provide for such compensation and imumnce. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, he Sella shall huffish fie Pmchuser with a certificate
that such compensation and irommnce have been provided. Such certificates shall specify the date when such
compensation and assurance have been provided. Such certificates shall specify the date when such campnaation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is complied and xcepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility am liability for my and all damage, lass or injury ofany kind
or nature, whatsoever as persons in property caused by m resulting from fie execution of fie work provided For in
this purchase order or in connection harewah. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property in which the Purchaser may
be put or subject by reason of my act, action, neglect, omission or default on she part of the Sella, any of his
contractors, or any of fie Sellers or contractors officers, agents or employees. m ease any suit or other
proceedings shall be brougln against the Puchasa, or its afters, agents m employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their ofcar, agents or employees s aforesaid, the Sella hereby agrees to assume the defense thereof until to
defend the came in the Sell. own ea,., m Pay any and all costs, charges, momays fat and other expenses,
any and all judgments that may be incurred by or obtained agabat the Purchaser or any of its a their officers,
agents or employees in such suits or other proceedings, and th care judgment or other lien be placed upon or
obtained against the property of fie Purchaer, or said pairs in or as a result of such sails a other proceedings,
the Sella will at once cause the came to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall lake all safety pax antics, famish and install all guards necessary fat the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Germanism] Safety am Health Act of 1990 and all tales and regulations issued pursuant thereto.
Revised 07R014