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HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9150393Fort Collins Date: 01115/2015 Vendor: 496440 XEROX CORPORATION C/O LEWAN & ASSOCIATES INC 100 S CLINTON AVE XRX2-40A ROCHESTER NY 14644 PURCHASE ORDER PO Number Page 9150393 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: COMMUNITY DEV & NEIGHBORH CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 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 t Lease payment 1 LOT LS for Xerox Work Centre WC7125PT Copier/Printer System, Serial #: XED393116E Location: City Of Fort Collins - Neighborhood Services @ 281 N. College Ave., Fort Collins, CO 80524 Lease Term: Forty -Eight (48) months. Base Monthly Lease Charge: $155.02 Includes: 2,000 B&W and -0- Color prints per month. Per State of Colorado Xerox Price Agreement #: 98526YYY11M/WSCA, and Lewan & Associates quote dated 03/20/12. Market Codes: WC7125PT, INGDFN, FAXILN 2 Print charges for above Xerox Work Centre WC7125PT Copier/Printer System, Serial #: XED393116E Location: City Of Fort Collins - Neighborhood Services @ 281 N. College Ave., Fort Collins, CO 80524 Base Monthly Lease Charge per PO Line 1 includes: 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 1,900.00 1,300.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins_ PURCHASE ORDER PO Number Page 9150393 2o13 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 2.000 B&W and -0- Color prints per month. All B&W Overage Prints @ $0.0063 each. All Color Prints @ $0.0683 each. Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA, and Lewan & Associates ouote dated 03120/12. Total Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.mm 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 Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Canificam of Registry 84-6000587 IS registered with the Collector of Failure of the Purchaser to insist upon strict Performance of the tams and mndriotss hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samtes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure an promptly notify the Seller in the event of a breach, the acceptance ofor Payment for good hereunder or approval ofthe design, shall not release the Seller of Goods RejmtW. GOODS REJECTED due to failure to meet speciGcmiom, either when shipped or due ro defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may he mumed to you for credit and are not to he replaced except upon receipt or wriam Parchaur to insist upon strict Prrformamce bereofor any of its ,his or remedies as m any such good, regardless instrucfions from the City of Fort Collins. of when shipped, received or accepted, as W any prior or subsequent default Fernandina, mr shall any putpommi most modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the tams Irspecriors GOODS ne subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the meahandise, services or equipment in response to Nis older can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the Part of the City of Fart Collins. However, a is o be understood that FINAL u Seller and the Pu a rerognim that in actual m is paxtice, overcharge moulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. edus. violatioart in fact some by the Purchaser. Theretofore, far violations good cause and as comidemtion for executing this Purchaser older, the Seller hereby consigns to the Purchase any and all claims it may now have or hereafter Freight Terns. Shipments most h F.O.B., City of Fort Collins, 700 Wood SL, For Collins, CO 80522, unless inquired under federal or smut antitrust laws for such overcharges relating m the particular goods or services otherwiw specified on this order. If pemsission is given m prepay fight and charge separately, fe original fi fighl purchased or acquired by the Purchaser pursuant to flux purchase order. bill most accompany invoice. Additional charges fa pocking will Out IS, accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in varions pant of the country, shipment is If the Purchaser directs the Sella to comet oonanfarming Or defiamor goods by a&te to be agreed upon by the expected from the marat distribution point to distinction, card excess freight will be deducted from Invoice when Purchaser and the Seller. and the Seller thermner indicates its inability or annowilimpow, to comply, the Purchaser Shipments arc made from greater distance. may cause the work to be performed by rate most expeditious moms available to it, and the Seller shall pay all costs a.:=aeimal with such weak. Permits. Seller shall procure at sellers sole cast all necessary permits, commute and licenses normand by all applicable laws, regulations, ordinances and roles of the state, municipality, mmtory, or political subdivision where the work is Performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor, Seller InOber agrees to hold the City of Fort Call ins harmonicas from and against all liability and loss incurred by them by mason of an asserted or established violation of my such laws, regulations, ordinances, rules and requirements. Authanaatim. All parries to this C turaul agree thal the representatives are, in fact, bona fide and possess Poll and complete authority to bind said panics. LIMITATION OF TERMS. This Purclmse Dole, expressly limits acceptance to the terms and conditions stated herein set forth end any supplementary ar additional terms and conditions annexed hereto or incorporated herein by refrence. Any Wditionil or di Bbrent terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your Promised delivery date as noted. Time is of the essence. Delivery and roommmanm most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Inanition, acceptance of partial late deliveries, shall operate ss a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other Iega1 and equitable remedies, the option nfplatlng Ods order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result of delays due to wows not reasonably foreseeable which am beyond its reamwble control and without its fault ofaegligence, such nits ofGW, acts ofcivil or military authorities, governmental priorities, fires, strikes, Band, rpidemie, wars or riots provided Out notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fast practical knowledge therm(. In One event of my such delay, the date of delivery shall IS, extended for the period equal w the time actually but by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materiels and work covered by this order will conform with applicable drawings, specifications, samples arWror other description given, will be fit for the Purpose intended, and performed with the highest degree of cart and campnenre in accordance with accepted standards fro work of a similar naure. The Seller agaa to hold the purchaser harmless form any loss, damage or expense which hie Puchasa Trey sufR or incur on mmunI of the Sellers breach of wvrentJ. The Seller shall replace, repair or make good, without met to one paohawq any defects or faults arising within oat (1) year Or within such Imager perind of rime us Trey be prescribed by law or by the firms of my applicable wormnry provided by the Seller after the dam of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfml or defective work done or maends furnished by the Seller. Acceptance or use of goods by the Purchaser shill not constitute a waiver of my claim under this warranty. Exempt n otherwise provided in this purchase mdea the Sellers liability hereunder shall extend to all damnga proximately council by the breach of any of the foregoing .,I. or gaMntees, but such liability shall in no went include loss ofpmfits 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to rim terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the spmificutims or drawings, by verbal or written change order. If any Such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by is Onto change order, terminate this agreement as to my or all portions of the goads then not shipped, subject to coy equitable adjustment between the parties as to any work or minerals then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respem on coy good which am the Sellers sanda d stock. No such termination shall relieve the Purchaser or the Seller army oftheir obligation as to any goad delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be com ed within thirty (30) days from the doe the change or termination u ordered. 8. COMPLIANCE WITH LAW. The Seller ..is Out all good sold hereunder shall have been Functional sold delivered and burnished! in Strut compliance with all applicable laws and regulation; to which the good am Sal l The Seller shall execute and deliver such documents is may be required to effector evidence compliance. All laws and regulation raptured to h incorporated in agreements of this chammer are hereby incmpnmted herein by this ref m. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe Sellers failure o comply with such law. 9. ASSIGNMENT. Neither party shall assign, moral or convey this order, or any monies One or W become due hereunder without the prior wrinm cnrsmt ofthe other party. 10. TITLE. The Seller wamnts full, clew and unrestricted title to the Purchaser for all rquipmmL ram®ds, and it. famished in performance of this agreement, frce and clear of any aid all liens, restrictions, reservations, nourity interest ancumbran pia and claims nfothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pang released and shall extend to the direcmrs, officers and employees ofsuch pany. no Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is pert rmed or mused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save barmless the Purchaser from any and all claims fur infringement by Man®r of the use of such patented 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 prosecution or after the completion of the work. hi case said equipment, in any part thereof or the intended use of the good, h in such suit held to conatimle infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pan, replace the same with substantially equal but naninfringing equipment, at modify it so it becomes nomnRnging. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt, make an assignment for the benefit of creditors, appoint a matter or trustee for any of the Sellers propary Or business, this order may foahwith be canceled by the Purchaser without liability. 16. GOVERNING V.W. The definitions ofterms used or One interpretation orthe agreement and the rights of all restrict hereunder shall be compared under and Invented by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cones where the Seller is m perform work hereunder, including the service ofSrll. Reptesommive(s), on the premiss ofothers. IT. SELLERS RESPONSIBILITY. no Seller shall cany on said work at Sellers own risk until the same is fully completed and accepted, and shall. in caw of any accident, destruction or injury on hie work ardor malands before, Sellers final completion and accrpance, complete We work at Sellers own expense and no the son sfaotim of the Purchaser. When materials and equipment arc famished by others for installation or mamas by the Seller, the Seller shall receive, arload, store and handle same err the site cad become responsible Werefm n though such materials .Nor equlpmm, were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational 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 state in which the wok is to be done. no Seller Shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, 5500,000 for any one accident and properly iL nage limit per accident of $400,000. The Seller shall likewise require his continuum, if any, to provide for such compensation and insurance. Before any of the Sellers m his contractors employees shall do any work upon the premisa of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dae when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller after that such compensation and insurance shall be maintained until Baer the entire work is completed and acceped. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, lass or injury army kind or mare whatsoever to locations or property caused by or moulting Isom the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamless the Purchaser and any r all of the Purchasers, officers, agents and employees from and against any and all claims, Rasta, &maga, charges or expersa, whether dire, or indirect, and whether to reactions; or Property to which the Purchaser may be put or subject by reason of any act, crioq ncgle,, omission or default on the pan of the Seller, any of his common , or any of the Sellers or contractors officers, agents or employees. In c any suit or other procttdings shall be brought against the Purchaser, or its ofirm, agents or employees in any dace on account m by reason of any not, action, neglect, omission or default of She Sella of any of ha contractors or my of its in their officers, agents or employees ss aforesaid, the Seller hereby agrees a assume the defense thereof and to defend the same in the Sellers own expense, to pay any aal all ass, charges, aaomeys fro and other expenses, any and all judgments that may be incurred by a obtained against the Purchaser or any of its m Weir, nitccrs, agents m employees in such suits or order proceedings, and in case judgment or other Jim be FLOW upon or obtained against the property, of the Purchaser, or said parties in or as a result of such ruins or other proceedings, Out Seller will at once cause the same to M dissolved and discharged by giving bond car mhat ise. The Seller and his ...or rs dull take all safety prtautions, fumish and iretall all grad thecaavy, for fire prevention of accidents, comply with all lax: and regulations with regard to szfmy muscling, but without limimdow the Occupational Safety nth Health Act of 1970 and all Sales and regulations issued pursuant *crew. Revised oTl2014