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HomeMy WebLinkAbout113589 XEROX CORPORATION - PURCHASE ORDER - 3215361Fort Collins Date: 01/15/2015 Vendor: 113589 XEROX CORPORATION PO BOX 660502 DALLAS TX 75266-0501 PURCHASE ORDER PO Number Page 3215361 1012 This number must appear on all invoices, packing sli s and labels. Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS CO 80524-2990 Delivery Date: 01/15/2015 Buyer: ED BONNETTE 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 ESTIMATED ANNUAL ORDER COPIER LEASES/PRINTING 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 2 of 2 I. COMMERCW,DETAIIS. Tax eaemptiom. By comrade City of Fort Collins u exempt from stale and local tax¢. Our Exemption Number is 11. NONWAIVER. 98-04502. Festal ExCiw Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the purchase to insist upon strict performance of the terms and conditions hmroL failure or delay a Internal Revenue. Denver, 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 French, the acceptance of or payment for goods heremder or approval of the 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 arty of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in nunsit, may be resumed 1. you for credit and are not to be replaced except upon receipt of u'rinen purchaser to insist upon sWet performance hereofor any of its rights or remedies as to any such gaash, regardless ituf coons from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchase operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on moral. hereof. Final Acceptance. Receipt of the merchandise, services or cquipmem in response to this order com lt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. audwrized pymrnt on the pan of the City of Fall Collins. However, it is to be understood that FINAL Seller ad the Purchaser recognize But Or wool a no is pracrcge tice, ovehars fixating from antivust ACCEPTANCE is dependent upon completion of till applicable required inspection procedures. violations are w fact home by the Pachater. Thernofore, for good cause and as consideration for amoming this purchase order, she Sella hereby assions to the Purchrow any and all claims it may now have or heazffa Freight Terms. Shipment must be F.O.B., City of Fad Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or sole mtiWsl laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given in prepay freight and charge separately, the original fight pucbased or acquired by the Purchaser Wasuanl a this purchase order. bill mull mcon aov mance. Additional thanes for packing will Car bemmmes. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made form greater distance. Permits. Sella shall procure at sellers sale cost all necessary gamut artifcates and licenses squired by ail applicable laws, regulations, ordinances and roles of the state, municipality, territory, or political subdivision where Me work is performed, or required by any other duly Comfiated public authority having jurisdicrion ova the walk of vendor. Seller forme, now ,o bold the City of Full Collins harmless from and a, mI all liability ad loss incurred by Nero by reason of an asserted or established violation of any such lass, rugult u be, oxdinwi roles and commercials. Authorization. All panic to this contact agree that the reprcxvtawes art, in fact, boon fide and pesuss full and complete authority to bind said pandits. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terror and conditions annexed hereto or incorporated herein by reference. Any additional or different sons and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment f arrive on your promised delivery claw m mood. Time is ofthe essence. Delivery aM performance must be affected within the time stated on the purchase order and the dramcnts attached here,.. No to of the Purchasers including. without Ilmhation, acceptance of panel late deliveries, sha0 operate as a waiver of this provision. In the event of any delay, Me Purchaser shal have, in addition so miler It,] and equitable releases, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for Comma as a result of delays due to woos not reasonably foreseeable which em beyond it reasmable control and without to fault ofnegligrnce, such mt.fGod acts of civil or military authwitiex, gm'enmrnd paionties, fires, stakes, flood, epidemics, wars or noo provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler first received knowledge therm(. In the event of any such delay, the dale of delivery shall be extended for he period eqml m the time actually last by reason of the delay. 3. WARRANTY. The Seller warrant that all goods, articles, materials and work coveed by this order will conform with applicable drawings, specifications, samples a.Vor other descriptions given, will be N for the prapri iwcwd , ad pwWwCd1 with the highest degree of cart and Competence in accordance with accepted standards for work of a similar nature. The Sella agar to hold the purchaser, harmless from any loss, damage or expense which the purchaser may suffa w incur on account ofthe Sellers breach of warranty. The Sella shall replace, repair or make good, without cost m the purchaser, any defeat or faults arising within one (I) year or within such longer peed of time as may be w stribed by law a by she sales of any applicable warranty provided by the Sella afla the date of mceptance of the goods fumishd hereunder (mceptame let to be armor ably delsyd), resulting from imperfect or defective walk done or materials furbished by the Seller. Acceptance or use of goods by the Purchaser shall not constimbe a waiver of any claim under this waranry. Except m otherwise provided in this purchase order, the Sellers fund try hereunder shall extend m all damages praxtmmely caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpro0ts or lass 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 term by wtidm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other Ban legal tames, including additions an or deletions from the qusmitiee originally ordered in the apecinwtioos or drawings, by verbal or wdnm change order. If my such change affects the amount due or the time of performance haeuda, an equitable adjustment shall be made. 6.TERMINATIONS. The Purchawr may at any time by wrimen change order, terminate this agreement to to any or all portions of the goods than not shipped, subject to any equitable adjustment between the panics as to any work of materials then in progress provided that the Purchaer shall nut be liable for any claims for anticipated pmfits an the uncompleted portion of the goods moor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers sondad dock. No such mni imtion shall relieve the Purehaer or the Seller of., of Neir obligations asm any good delivered hermda. 7. CLAIMS FOR ADJUSTMENT. Any claim for djastrnent malt be assend within thin (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrant But all goods sold hcremda shall have them produced, sold delivered and boosted in strict compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations ramrod to be incorporated in agreement of this character me hereby incorporated herein by this reference. The Seller agrees a indemnify and hold the purehmer harmless from all cost and damages suffered by the Purchma to a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, uvmfer, or convey this older, or my monies due or to become due heeuMer without the Prior wrimen comeot of the other parry. 10. TITLE. The Sella warrant fall, clam and unrestricied file a the Pruchasa for all optimum, minerals, and items Mmishd n performance of this agreement, fia and clear of my and all liens, ratricuom, n a vavom, security interest encumbrances and claims troffers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to Comm nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Salter theaofler indicates its inability or unwillingness a comply, the Purchaser may cause the work to be performed by he most expeditious means available to it, and the Seller shall pay all costs as aw,med with such walk. The Sella shall release But Purchase, and its consracmrs of any net from all liability and dairm of any to. resulting from Bra perifin me ofsuch work. This relrme shall apply even in tbe eve. of fault of negligrnce of Be, party filemed and shot eacr d to the directors, officers and employees of such party. The Sellers Contractual oblige tiom, including wmaanry, shall not be domed in be rduced, in any way, became such work is parformM or canted to be peafoamd by Me Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by later, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inMngement by reason of the use of such patemal design, device, material or process in connection with the contract, and shall indemnify the Purchmcr for any cost, expense or damage which it may be obliged m pay by reason of such infringement A any time during the proserntion or afla the Completion of the work. In case said equipment, or any For thereof o, the intended use of the good, is in such it held to corounde uni ingement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either puvre for the Purchaser the right to continue using said equipment or part, replace this, same with substantially equal but noninfdnging equipment or modify it so it becomes mmfnngiag. 15ANSOLVENCY. If the Sella shall become insolvent or hankmpt make an assignment for the benefir of creditors, appoint a receiver or media, for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNTNG LAW. The definitions of terms uses or the interpretation ofthe agreement and the rights of all parties hereunder shall be computed under and go omad by the laws ofthe State ofColoado, USA. The following Additional Conditions apply only in cases where Net Sella u to perform work heaurder, including the smices of Sellers RepmsenurivIXs), rev the premiss ofothcn. 17. SELLERS RESPONSIBILITY. The Seller shall Carty on said work at Sellers own risk until the aam<is fully Completed] and accepted, and shall. in two of any accident, destruction or joy to the work mdm materials before Sellers fiml Completion and accepmnce, complete the work at Scllces own expense oral to the smisfadion of the Purchase. When materials and equipment ow famished by others for installation or erection by the Sella, the Seller shall receive, unload, same ad handle same at the site and become responoble therefor to though such mutant], and/or equipment were being fumishd by the Seller under the order. IRINSURANCE. The Seller shall, at his awn expense, provide for the payment of workers cote counioa including =optional disease benefits, Or its employees employed on or to Connection with the work covered by this purchase order, and/or to their dependents in owrdance with the law, of the store in which the work is to be done. The Seller shall also carry Compahemive genml liability including, but Out limited to, Common d and automobile public tobiliry insurance with bodily injury and death limits of.1 tarot S300.000 for any one perwn. SSW." fro any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his Contractors, if any, to provide for such wmpewfion and insurance, Before my of the Sellers or has contractors employees shall do any work upon the premises of others, the Seller shall famish the purchaser with a wrtificale that such mmparaation and insurance have been provided. Such cenlfiwtes shall specify the dart when such compematon and imumnce have been provided Such cmificates shall specify the datewhat such compensation and man ance 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 assumes the entire rnpandbility and liability for any and all damage, loss or injury of., kind or moue whatsoever to peeom or pai caused by or resulting f the execution ofrhe work provided for in this purchase order or in connection herewith. The Sella will indcmalry ad hold harmlass the Purchaser and only or all of the Prichmars oReen, agents and employees from and against my ad all Claim, losses, damages, charges or mpemes, whether direct or in icat, and whether. porous or property to width the Pmebmer may be put or subject by rayon of my all, action, neglect, omission or default on the pan of the Seller, any of his Coloradan, or my of the Sellers or ontactors officers, agents or employees. to cost my suit or other proceedings shall be brought against the Purchaser, or its offices, agents or employees at any time on acm= or by mason of any let, action, neglect, omission or default of the Seller of any of his contractors or my of its or their .Ricers, agent or employees m aforesaid, the Sella hereby agrees to resume the defame thereof cad to defend the same at the Sellers own expense,. pay my and all casts, charges, arttmeys fees and other expertes, my and all judgments that may be incurred by or obtained against the Purchaser or any of its or their office, agents or employees in such suits or other procedtngs, and in case judgment or other him be placed upon or abound agaim, the property cribs Pntchaaer, a said panda in or m a omit of such suits or aMe, proceedings, the Seller will at once cause the same m be dissolved and discharged by giving band on mhervine. The Sella and his earth .Shan eke ell safety precmlioas, fnmish and imull .11 gum B necessary for Me pavmtion of accidents, Comply with all laws and regulations with regald as safety including, but without limitation, the Occupational Safety and Hondo Act of 1970 wall all snles and regulations issued pm ram Mo.. Revised 072014