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HomeMy WebLinkAbout405826 REPLICON INC - PURCHASE ORDER - 9150745PO PURCHASE ORDER 9150745 Page C117/ of PURCHASE 9150745 1 of z Flirt Collins This number must appear ,/_^,'`�—,J`-' ` 1' on all invoices, packing sli s and labels. Date: 02/02/2015 Vendor: 405826 Ship To: CITY MANAGER REPLICON INC CITY OF FORT COLLINS 800,910 - 7TH AVE SW 300 LAPORTE AVE CALGARY AB T2P 3N8 CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 02/02/2015 Buyer: PAUL, GERRY Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Time Tracking Svcs 2015 1 LOT LS 576.00 2 Time Tracking Svcs 2015 1 LOT LS 1,152.00 3 Time Tracking Svcs 2015 1 LOT LS 2,304.00 4 time Tracking Svcs 2015 1 LOT LS 1,728.00 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 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 Condi(ions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fen Collins is exempt from state and local taxes. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Crrdficme of Registry 84-6000580 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colombo Revised Satme, 1973, Chapter 39-26, 114 (a), exercise my rights or etches provided heein or by law, failure t promptly notify be Sella in the went of a breach, the acceptance ofor payment for goad hereunder or approval of be design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, cimer what shipped or due to defects of my of be waemnties or Obligatiow of this purchase order and shall riot be damed a waiver of any right of the damage in termite may be tetttmW to you for credit and arc not or be replaced except upon receipt of women parcbaser to insist upon strict performance hcrmfor any of its rights moan dies m to my such goads, regardless instructions from the City of Fan Collins. of whm shipped, received or accepted, a in any prior Or subsequent default hetcander, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser oposere as a waiver of any of the terns Inspection. GOODS me subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, mi,ife, of equipment in respowe an this order cat remit in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authoraed payment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize Out in actual a mic practice, o ercharga resulting from mtiaust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations; am in fact home by the Foreclose. ThreeremfoTrimmings, good muse and w mnsidecrtion for executing this porehase order, the Sella hereby wailers m be Purchaser any and all claims a may now have or hereafter Faight Team Shipments mast be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless mquirW tougher federal or stare anlitra t laws for such mrmhore es glaring ro me particular goods or smicrs otherwise specified on this offer. If permission is given to mi freight and chaBe separately, the original freight parcbasW or acquired by the Purchase, pursuonuo this purchase oMef. bill must accompany invoice. Additional charges far packing will not be mcepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mannmetuers have distributing Points in various pans of the country, shipment is If be Purchaer directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducmJ farm Invoice when Purchaser and the Seiler, and be Seller thereafter indicates its inability or unwillingness in comply, the Purchaser shi max. are made from greater die area. may cause the work as be performed by the notate expeditious meats available m it, and the Seller s1u11 pay ell cols sessocuted wit such work. Permits. Seller shall procure m sellers sole cost all neam, permis, certificates aM licerses residual by all applicable laws, regulminw, ordinances and tales ofte state, municipality, territory or political subdivision where The Seller shall release the Purchaser and its examination of any tier from all liability and claims of any wtut be work is perfmmeJ, or required by any other duly constituted public authority having jurisdiction over be work resulting from the performance ofsucb work. OF verdict. Seller other agrees ro hold the City of Fiat Collins moral. [,am and against ell liability end loss incurred by then, by reason of an asserted or established violation of any such laws, regulations, ordinances, tales This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements, directors, officers and employees attach party. Authoritarian. All panics to this customer agree that be representatives arc, in fact, haw fide and possess full and complete authority m bLul said Pont LIMITATION OF TERMS. This Purchase Order expressly limits acc,.m ro be arms and cordlriaw stared herein set forth and any supplementary or additional terms end conditions amazed beet or incorporated beein by refermm. Any additional or different corms and conNtaa proposed by seller me objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date ss noted. Time is of the... Delivery and performance most be a@curd within the time stated on be purchase offer aM be documents mtschW heem. No acts of the Functions including, without limitation, acceptance of panel late deliveries, shall operate w a waiver of this provision. In One event of any delay, me Purchaser shall have, in addition to other legal and equitable remedies, be option of placing this offer elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a resnll Of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, acts of civil of military vuthonties, govemmr ad priorities, fires, spikes, flood, epidemics, wars or hots Provided that notice of the conditions cawing such delay is given to be Purchaser within five (5) days of the time when the Seller Rut received knowledge thereof In be event of any such delay, the date of delivery shall he extended for the period equal an the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella warrants bar all goods, articles, materials and work covered by this order will contour with applicable drawings, specifications, samples million other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a innil.r ..fare. The Seller agrees m hold the pwchoser harmless from any loss, damage or expense which be purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (I) year or within such longer period of time as may b, peesenbed by law or by the terns of soy applicable wamnty provided by the Sella after be date of ecep give of be goods fumisbW national (aceeptma not to be movemnably delayed), resoling fiom imperfect or defective work done or materials furnished by be Sella. Acceptance or use of goads by the Parchasr shall oat constitute a waiver of any claim trader this warranty. Except w otherwise provided in this puehase order, the Sellers liability hereunder shall extend t0 all damages proximately caused by the breach of tiny of the foregoing warranties or guarantees, bur such liability shall in no event include lass 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 mans by wrinat change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mount, other ban legal learn, outriding additions to or deletions front the quantities originally offered in the speifrromms or drawings, by verbal or written change order. If my such change aBeds the amount due or be time ofperfurmmce herausda, an q.table adjustment shall be made. 6. TERMINATIONS. The puthzsa may err my time by wrtten flange caller, terminate this agreement a to my or all portiow of the goods then not shipped, subject to any equitable Wjumnrnt between the panics as to my work Or materials then in progress provided that the Purchaser than nor he liable far any claims for anticipated profs on the ancompleted Portion office goads andeor work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers sustained stock. No such termination shall mirror the Purchaser or the Seller affinity oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for idjwtreent must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants Nat all good sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be requited to effect or evidence compliance. All laws and regulations required to be incorporated in a,rancea of this character are hereby incorporated herein by this reference. The Seller agnea to indemnify and hold the Purchaser harmless farm all costs and datnages suffered by me Purchaser w a wall of the Sellers falltte to comply wit such law. 9. ASSIGNMENT. Neither party shall assign, mmi err convey this order, or my monies due or to became due heremder without be prior wrnen consent of the other party. 10, TITLE. The Sam amounts full, clear aM unrestricted title to me Purchaser for all equipment, materials, and items famished in performt. e of this agreement, and clear of any and all time, restrictiom, reservations, sectui y interest -aunbnun aand claims ofoehers. The Settees command obligations, including warmq, shall not be deemed to be reduced, in any way, baause such work is performed or anewif to be performed by be Purchaser. IC PATENTS. Whenever the Seller is rquirW to use any design, device, material or process rovered by letter, patent, trademark or copyright, the Seller shall indemnify and sure harmless the Purchaser from my and all claims for infringement by reason of the use of such parented 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 m pay by reason of such infringement at my time during the prommution or after the completion of the work. In case said equipment, or my pan thereof or be intended use of the good, u in such suit held to constimm infringement and me use of .,it quipmmr me prat is Joined, the Seller shall, at its own expense and at its option, after procure far 'be Purchaser be right to continue using said equipment or parts, replan me same with substantially equal but mmmrfringing equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY, If be Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of be Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or be interpretation ofthe agreement and be rights ofall panic hereunder shall be crosuved under and governed by ehe laws of be State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including be services of Sellers Repowentarivess, on be premises olfaction. H. SELLERS RESPONSIBILITY. The Seller stall wiry cont mid work m Sellers owor risk until the same is fully completed gent accepted, and shall, in case of any accident. deswction or injury to be work andsor materials before Stiles final completion and acceptance, complete be work at Selloff own expense and to be satisfaction of the Purchaser. When materials one gnlpment arc famished by others for installation or motion by be Seller, be Seller shall receive, unload, store and handle same at the site and become responsible therefor as tough such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE The Seller shall, in his own expense, provide for tale payment of workers mmpemmion, including occupational disease benefits, to its employees employed on or in correction with be work covered by this purchase order, mNor to their dependents in accoedance with be laws of the sate in which the work u to be done. The Seller shall also carry comprehewive 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, S500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his pntmdors, if any, to provide for such compensation and insurance. Before any of be Sellers or his contractors employees shall do any work upon the premises of offers, the Sella shall fomish the Purchaser with a certificate that such compensation and announce have been providd. Such surtifcama shall specify the date what such compensation and insurance have ban provided. Such cesifcatm shall specify be date when such compensation M insurance expires . The Sella agrees Nat such compmsetiob and Hungarian shell be maieeawed until after be entire work is mmpletM and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire wN oaibility and liability for any and all damage, loss or injury crony kind or nature whatsoever to persons or pmperty caused by or resulting from me execution ofthe work provided for in this purchase order or in connection herewith. The Seller will internally and hold hearnlas be Pumha er and any r all of the Purchasers officers, agents and employees from and mar. my and all claims, lasses, damages, charges or expenses, whether director indamet, and whether, Ira persons ar property to which be Purchaser ray be put or subject by eeawn of my net, action, neglect, omission on default on me pert of be Seller any of his contractors, or my of be Sellers or contractors officers, agents or employees. In eau any suit or other proceedings shall be brought against the Purchaser, or its afters, agents or employes at any new on account or by tasen of any act, action, neglect, omission or default of the Sella of any of his contraction or my of its or their officers, agents or employees a aforesaid, be Seller hereby agrees to assume the defense thereof and or defend be same at the Sellers own expense, to pay my and all curs, charges, attorneys fees and other expenses, my and all judgmrnts but may be iwurntd by or obtained agaimt be Puehazer of any of its or bear officers, agents or employees in such suit a other proceedings, and in case judgment or other lien be, placed upon or ormawM against the property ofthe Purchase, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause be same to he dissolved and discharged by giving band or otherwise. The Sella end his ronhactors shall Like all safety precautions, famish and install all gum& necessary for me promotion of accidents, comply with all laws and regulations with regard to artery including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 07n014