Loading...
HomeMy WebLinkAbout114432 VERIZON WIRELESS - PURCHASE ORDER - 9152042PURCHASE ORDER PO Number Page City of 9152042 1 of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 04/07/2015 Vendor: 114432 VERIZON WIRELESS 748 WHALERS WAY BLDG E #100 FORT COLLINS CO 80525 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 04/07/2015 Buyer: ED BONNETTE Note: Line Description Quantity UOM Ordered Unit Price Extended Price 1 Wireless Charges INV 9742826335 3/23/15 1 LOT LS 6,602.70 2 Wireless Charges OEM INV 9742826335 3/23/15 1 LOT LS 66.98 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 $6,669.68 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchasc Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DEfABS. Tax exemptions. By statute the City of Frt Collins is exempt from sans and local axes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser in insist upon strict performance of the terms and conditions hereof, failure or delay to Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Saates 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 breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REIECfED due to failure to meal specifications, either when shipped or due to defecm 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 be returned m you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions tram the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collin¢ inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fad Collins. However, it is to be understood that FINAL 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 N fact bome by the Purchaser. Theretofore, for good cause and m consideration for executing this purchase order, the Seller hereby smigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless required under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant in this purchase order, bill must accomaanv invoice. Additional chromes for oackinst will not be named. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is especial from the modest distribution point to destination, and excess freight will be deducted from Invoice when shipments ae made from greater distance. Pennies Seller shall procure at sellers sole war all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the sate, municipality, territory in political subdivision where the work is performed, or required by any other duly committed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an inserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and Possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tease and conditions proposed by sells arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on yaw promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate m a waiver of this provision, In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such ace of God, ace of civil or military authorities, governmental priorities, fees, strikes, flood, epidemics, wars or hots provided that notice of the conditions causing such delay is 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, the date of delivery shall be extended for the period equal to the time actually lost by reason arts: delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees m hold the purchaser barroom from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults wising within one (1) year or within such longer period of time m may be prescribed by law or by the lers of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be undemanably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or me of goods by the Purchaser shall not constitute a waiver army claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include Ims of profits or Ims arms. 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 a the tams, other than legal tees, including additions to or deletions from the quantities originally ordered in the specifications in 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 he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then act shipped, subject to any equitable adjustment between the parties as to any work or materials 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 Sella with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser in the Sella army of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be inserted within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, mid, delivered and furnished in strict compliance with all applicable laws and regulaions to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorp anted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers falure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, 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 Seller warrants poll, clew and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clew of any and all teem, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to =reply, the Purchaser may cause the work to be performed by the most expeditious meam available to it, and the Seller shall pay all costs essocimed with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, Officers, and employees of such party. The Sellers communist obligatiom, including warranty, shall not be deemed to be reduced, in any way, berause 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 covered by letter, putenk trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far infringement by reason of the use of such patented design, device, material or process in =mcetion with the contract, and shall indemnify, the Purchaser for any cost, expense or damage which it may be obliged to pay by remain of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constima infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at is Orion, either procure for the Purchaser the right to continue using said equipment or pars, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninti inging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee fr any of the Sellers property in business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be communed under and governed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is an perform work hereunder, including the services of Sellers Repene rtative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall cony on said work at Sellers own risk until the sane is Polly completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers Gal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Panama. When materials and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload, stare and handle same at the site and become responsible therefor as though snob materials and/or equipment were being furnished by the Seller under the order. 18, INSURANCE. The Sella 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, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Sella 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 S300.000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and immance shall be maintained until after the =tine work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind or aware whatsoever to petsnm or property caused by or resulting from the execution of the work Provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and cony in all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indiner, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his contactors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or 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 in their affects, agents or employees ns aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay cony and all cents, charges, a remeys fees and other expenses, any and all judgment; that may be incurred by or obtained against the Purchasc or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment in other Gen be placed upon or obtained against the property of the Purchases, or said patties in or as a result of such suits or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010