HomeMy WebLinkAbout317667 CDS GLOBAL INC - PURCHASE ORDER - 9150631Fort Collins
Date: 01/27/2015
Vendor: 317667
CDS GLOBAL INC
1901 BELL AVE
DES MOINES IA 51503
PO Number Page
9150631 1012
�hls number must appear
all invoices, packing
s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01/27/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2015 Purchase Order for EZ 1 LOT LS 3,000.00
Post Payments
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
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
1. COMMERCIAL DETAILS.
lax exemptions. By statute the City of Fun Collins is exempt fmm state and local raze, Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
late-.] Revenue, Dave, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 bid,
Goad Rejected. GOODS REJECTED due to failure no at spaificatiom, eider when shipped or due m defects of
damage in casein, may be resumed to you for credit and ire not to he replaced except upon receipt of written
instructions fmm the City of Port Collins.
Inspection. GOODS are subject to d , City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of de merchandise, services of equipment in response to this arder can
result in
authorized payment on the pan of the City of Fort Collins. However, it is to be understowl thatFINAL
ACCEPTANCE is dependent upon completion of all applicable minimal inspection procedures.
Freight Tertm. Shipments most be F.O.B., City of Fort Collins, VW Wood Sr., Fear Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge mracen ly, the original freight
bill must accomaanv invoice. Additional cbarees for tracking, will om be t w mmd.
Shipment Distance. Where manufacturers have distributing Points in various pans 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 from Greater disc ice.
Permits. Seller shall procure at sellers sole cast all nwcssary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the stare, municipality, temmry or political subdivision where
the work is performed, or required by any other duly mentioned public authority having jurisdiction over the work
of vendor. Seller funhcr agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by ar. aon of on asscned err csurblahed violation of any such laws, regulations, ordinances, roles
and ri uirwumts.
Authorization All parties to this contra- .,no teat the representatives are, in fact, form Ode mud possess full and
complete authority to bind said zanies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terms and conditions stated
herein set forth and very supplementary or additional corms and conditions swexed hereto a incoporated herein by
reference. Any additional or different terms and marchoons proposed by seller are objected to and hereby ejected
2. DELIVERY.
PLEASE ADVISE PURCHASDO AGENT immediately if you cannot make complete shipment to arrive On your
promised delivery date as noted. Time is of the essence. Delivery and performance must be of rend within the time
stated on the purchase order and the documents attached hereto. No ace of the Purchasers including, without
limitation, acceptance Of pmi.1 late deliveries. shall operate w a waiver of this provision. In the event crony delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and bolding fie Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reawwbly foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of Gad, ace ofrivil or military loth anti., g wemmwtal priorities, fires, strikes, flood, epidemics, was or
riots Provided that notice of the conditions causing such delay s given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, fie date of delivery shall he
extended for the penod equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller wavards that all good, articles. materials and work covered by this order will conform wit applicable
drawings, specifications, samples arapor other descriptions given, will he fit for the purposes amended, ward
performed with the highest degree of core and competence in accordance with accepted standard for work of a
similar arms. The Seller agrees to hold the purchaser harmless man any lass, damage or expense which the
Purchaser nay suffer or incur on account ofthe Sellers breach of warm dy. The Seller shall replace, silver or make
good, without cost to the purchaeq any defects or faults ,rasing within one (1) year or within such longer period of
time as may be pcacri al by law or by the terms of any applicable wnranty provided by the Seller after the date of
accordance of the goods furnished hereunder (acceptance not to be untr azen ably delayed), resulting from impeded
or detective work done or materials fomished by the Seller. Acceptance or use of good by the Purchaser shall not
ours to a waiver orally claim under this warranty. Except as otherwise provided in this purchase order, fie Sellers
liability bereuralrr, shall extend m all damages proximately ..it by the breach of any of the foregoing wrmajoes
or guarantees, but such liability shall in no event include lass of profits or Ins cruse. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purehuer may make changes to legal toms by waned change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal rem,. including additions to or deletions from
the quantities originally ordered is the apecificminm or drawings, by verbal or writer Orange order. If any such
change affects the amount due or the time ofperfommance, heauMer, an equitable adjusment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by vermar change order, terminate this agreement res many or all portions of the
goods then nor shipped, subject to any equitable adjustment between the ponies as to any work or materials fen in
progress provided that the Purchaser shall not be liable for any claims for anticipated profirs on the uncompleted
portion of the goods under work, for incidental or consequential damages, and that no such rdjustrnon be made in
favor of the Seller with respect to any good which are fie Sellers standard stock. No such termination shall relieve
the Purchaser or the Selor of any ofdeir obligations as to any goals delivered hereunder.
i. CLAIMS FOR ADIUSTMFN'F.
Any claim for adjustment most be asserted within dirty (30) days firm the dam the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject, The Seller shall exewte and
deliver such documents as may be cerebral to effect or evidence compliance. All laws and regulations required to be
ncorporated in agreements of dis character are haday incorporated herein by this reference. The Sella agrees to
indemnify and hold fie Purchaser bamdms fmm all costs and d.mzger suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, tr uper, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Sella commands full, clear and unrestricted title to the Fundament for all equipment, materials, and items fiunished
in performance a of dis agreement, face and of. of my and all fact, manctiam, examatiom. sttvnry mums,
encumbraneor ard claims of others.
11. NON WAIVER.
Failure of the Pachuca to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failuc to promptly notify the Seller f the event of a
breach the acceptance afar payment for goods hereunder or approval ofde design, shall not release the Seller of
any of the warranties or obligations of this purchase order end shall rot be deemed is waiver of any right of the
Purchases m insist upon stint pert amc hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received at arembod, as many prior or subsequent default heremder, nor shall any purpnned
ord modification a rescission of Nis purchase order by de Purchaser operate us a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser compeer, that in actual economic practice, overcharges resulting from antioned
violations art in fact home by the Purchaser. Theretofore nforgood wise and as consideration for executing this
purcluse, order, the Seller hereby assigns to me Purchaser any and all claims it may now have or herwfkr
acquired major federal or state antitrust laws for such overcharges relating to the Particular goods or services
purchased or acquired by fe Punctures pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a dare to be agreed upon by the
Puabase, and the Seller, end In Seller therwfla indicates its inability or unwillingness to comply, the Purchaser
may cause the work se be perfnned by the most expeditions means available to it, and to Seller shall pay all
costs associmN with such work.
The Seller shall release the Purchaser and its contractors of any tier fmm it liability most claims of any wlure
reaching firm de performance ofsuch work.
This release shall apply earn in fe event of fault of negligence of the party released and shall extend to de
directors, nMe,, and employees ofsuch prey.
net Sellers ammcmal obligmlom, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process coveml by lever, patent. andemad,
r copyright. de Seller shall indemnify and save harmless fie purchaser from any and all claims for infringement
by reason of the use of such peared design, device, malerml or process in connection with flue contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
.try pan thereof or the intended use of he good, is in such suit held to constitute 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 parts, replace the same with substantially equal but
naninfringing equipment, or modify it an it becormas noninMnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bucket make ran aasignnem for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers properly or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftemm used or fie interyretation ofthe agreement and the rights of all parties hereunder shall be
a mtrual ceder and governed by fie laws ofthe Sure of Coleudo, USA.
The following Additional Conditions apply only in cues whoa the Seller is m perform work hereunder,
including the services of'Sellers R ,emsentativa(s), on Ihe premises ofoders.
17. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in se Of any accident, ch bur ion or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Settees own expense and to fie satisfaction of the Purchaser. When materials
and equipment are fumishcd by others fir installation err creniw by fie Seller, the Seller shall receive calved,
stare and handle same at the site and become responsible therefor u though such materials anNor equipment
were being Punished by the Seller maker the order.
IS. INSURANCE.
The Seller shall, at his own 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,
mayor to their dependents in accordance with the laws of the state 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 with biddy injury and death limits of at now $300,000 for any one Person, 5500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise mquire his
..,.,am if any, ro provide for such cooperation and insurance. BA re any ord, Sellers or his contractors
employees shall do any work upon de premises of edrrs, the Seller shall famish the Promisor with a certificate
that such compensation mul imeamnce have been provided. Such cenifcatw shall specify the date when such
ompemation and insurance have been provided. Such catifcams shall specify the date whet such compensation
and insurance expires. The Seller agrees flat such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
the Seller nearby assumes the entire responsibility card liability for any and all damage, loss m injury orally kind
or wmre whoa ever to pasam or property, named by in anal( g fmm der execution ofthe work provided for in
This purchase order or in cowection heawid. The Seller will indemnify and held formal. me Pardoner vrd any
r all of d , Purchasers oRcay. agents and employees from and against any and all claims, losses, damages,
charges or expewes, whether decor or inducer, and whether to persons or property to which de Purchaser may
he put or subject by .,an of may ac4 action, neglect, omission or default on the pan of the Seller, any of his
a,mramars, or any Of the Sellers or ambacturs oRttrs, agents or employees. In c any suit or other
proceedings shall be brought against the Purchaser, or its olTieea, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Selltt herby agrees to ... the defense thereof and m
defend the sore, at the Sellers own expose, to pay my and all men, charges, attorneys fas anal other <xpewes,
any and all judgments that may he incurred by or obtained against the Purchaer or any of its Or their olficm,
agents or employes in such suits or other proceedings, and in case judgment a office lies be placed upon Or
obtained against she property Of the Purehuer, Or said panics in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Shccr and
his contractors shall take all safety precautions, Enema and install all gourds necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, de
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thew.
Revised 07n014