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p' -' 5 C=CE? EMS ,-,?1C DCNZITICNS
<br /> Cr?r..-c -„aur..-. rr- rer_ . :c is 0:0 3S - -, ',.., n ' r : __
<br /> ; acs an of your Ccmmer�al'Coce teat,^c :r Imcilec 3r ..i(or? .+a.' _
<br /> d(COO:aI then 'ni5 OU(Ch3sL orcer i$ an r�....�.'IA iCG herewith raic',?Cmace a 3i" of :nese. = 'T's-;..^.0
<br /> the are Nith :c arcp
<br /> '�F^= .. JC__ n aCCOfdarr,'N"� ~�e terms aril :drClUCns a ..3:S
<br /> . v
<br /> IFE/PFP as State: in your OIC If no, cid cid or rrocois 'eferercec Corcltidns arc are n ec:ittcr y an`/ warranties st:c�
<br /> the circ"ase :(der is an CF==? UY..TC � suoiec: to your specifications.
<br /> wnion must be demcnstrited cy either your .rr_r,
<br /> pCC?Cmanc 3 Inspection arc Acceptance. Final acoectance :$ .e
<br /> .'C.^a order or a �Cr('lal 3C:<r:Nl2d^^'ert _ � �
<br /> in writing
<br /> ^,_ Cuby '" ucon :Omole:'on or ail 3001030te �rscecron procecures _ cuIC :h_
<br /> In •Nutt^^ rr`/'CGI�NT=?-��F= �l� SC_! I$ alaCmai:C311/ ~' t-lyesa sc _.rue e a
<br /> ,, crcd�ucs or se.v .au :c meet any n�..er.,cn r�r, ,. ,-.�,... .h,
<br /> construed as a CANCELLATION of this pCfCnaS2 orcer URIeSs a 'State may exercise all of .13 ngnts, inducing :hose prov'Cec .r :he
<br /> change older IS issued 3CCeCtirg^a counter-offer In the ever.: Uniform Ccmme":al Code In the case of ser/Ices. tre State
<br /> vendor fon-nisi or parts) of forms are inc,uded in. or as an reserves the right to inspect ser/ices provided under this :.street at
<br /> attachment to. any bid, procosai, offer, acknowledgment, cr ail reasonacie :Imes arc places "Sernces" as usec in iris ::cruse
<br /> that, in the event 0f nconsistehctes cr inc;udes sernces performer or tangible material pr- ^-^ or
<br /> otherwise, vendor agrees -
<br /> contradictions, the terms and conditions of the scucitation document delivered in the performance of services. If any of the services cd
<br /> and this purchase order shall supersede and control over those not conform with purchase order requirements. the State may
<br /> contained in the vendor's fcrm(s) regardless of any statement to the
<br /> e recuire
<br /> the or a Corr toer lrperform
<br /> form.Thew
<br /> vservicesadagain
<br /> iinl in
<br /> pconformity
<br /> Whenh
<br /> contrary in a vendor ). Unless the pure.using agent purchaseefects in the quality cr quantity of service cannot be corrected by
<br /> specifically agrees in writing through overt reference or other re-performance. the State may (1) require the vendor to take
<br /> express written indication of assent terms and conditions on vendor necessary action to ensure that the future performance ccrforms to
<br /> forms regarding choice of law, venue, warranty disclaimer cr purchase order recuirements and (2) equitably reduce the payment
<br /> exclusion, indemnification or limitation of liability shall be of no due the vender to reflect the reduced value of the services
<br /> effect. performed. These remedies in no way limit the remedies available
<br /> to the State in the termination provisions of this purchase order, or
<br /> 2. Safety Information. All chemicals, equipment 'and materials remedies otherwise available at law.
<br /> proposed and/or used in the performance of this purchase order
<br /> must conform to the standards required by the William-Steiger 9. Cash Discount.The cash discount period will start from date of
<br /> Occupational Safety and Health Act of 1970.Bidders must furnish all receipt of acceptable invoice, or from date of receipt of acceptable
<br /> Material Safety Data Sheets (MSDS) for any regulated chemicals, products/services at the specified destination by an authonzed
<br /> equipment or hazardous materials at the time of delivery. agency representative,whichever is later.
<br /> 3. Changes. The vendor agrees to furnish the products and/or 10. Taxes. The state agency, as purchaser, is exernct from all
<br /> services in strict accordance with the specifications, and at the price federal excise taxes under Chapter 32 of the Internal Revenue Code
<br /> set forth for each item. Nothing in the purchase order may be added [No.84-730123K]and from all state and local government use taxes
<br /> to, modified. superseded or otherwise altered except in writing (C.R.S. 39-25-114(a) and 203, as amended]. Tax exempt numbers .
<br /> signed by an authorized representative of the state agency for the specific state agency may be found elsewhere in this
<br /> purchasing office and acknowledged by the vendor. Each shipment document. Vendor is hereby notified that when materials are '
<br /> received or service performed shall be only upon the terms purchased for the benefit of the State, such exemptions apply
<br /> contained in the purchase order, notwithstanding any terms that may except that in certain political subdivisions (for examcle - City of
<br /> be contained in any invoice or other act of vendor other than Denver)the vendor may be required to pay sales or use taxes even
<br /> acknowledgment of a written change order to the purchase order. though the ultimate product or service is provided to the State.
<br /> These sales or use taxes will not be reimbursed by the State.
<br /> 4. Delivery. Unless otherwise specified,in the solicitation or in this t Payment. State law and regulations provide that
<br /> order, delivery shall be F.O.B. destination. In its acceptance of any 11 Prompt
<br /> quotation offer, the state agency is relying on the promised delivery vendors will be paid within forty-five days after receipt of prcoucts or
<br /> date, installation,or service performance as matenal and basic to its services and a correct notice of amount due, unless otherwise
<br /> acceptance. In the event of vendor's failure to deliver or perform as agreed to by contract or special conditions of the purchase order A
<br /> and when promised,the state agency reserves the right to cancel its State liability not paid within forty-five days is considered delinquent
<br /> order, or any part thereof, without prejudice to its other rights, and and, unless otherwise agreed to, interest on the unpaid balance
<br /> vendor agrees that the state agency may return all or part of any shall be paid beginning with the forty-sixth day at the rate of one
<br /> shipment so made, and may charge vendor with any loss or percent per month on the unpaid balance until paid in full.A liability
<br /> expense sustained as a result of such failure to deliver or perform as shall not anse if a good faith dispute exists as tc the agency's
<br /> promised. Time is of the essence. obligation to pay all or a portion of the liability.Vendors shall invoice
<br /> the State separately for interest on delinquent amounts due. The
<br /> 5. Rights In Data, Documents, and Computer Software or Other billing shall reference the delinquent payment, the number of days
<br /> Intellectual Property(State Ownership). Unless otherwise agreed interest to be paid and the applicable interest rate. [Ref Sec 24-30-
<br /> in writing, any software, research, reports, studies, data, 202(24),C.R.S ,as amended.]
<br /> pnotcgrapns, negatives or other documents, drawings or materials
<br /> 12.Vendor Offset.Pursuant to CRS 24-30-202.4, as amended, the
<br /> delivered by vendor in the performance of its obligations under this State Controller may withhold payment for debts owed to state
<br /> purchase order shall be the exclusive property of the State. The
<br /> owr,e;$rip-ig'cts described r.erein shall include.but not be'imited to, agencies under the vendor offset intercept system for (a) uncaid
<br /> the nght to copy. publish,display,transfer, prepare oerivetr.e .wriest child support deet or or 0 s........ - ar'earages '`' urcaid valance or
<br /> or otherwise use the works tax, accrued interest, or other charges specified in Ar,;c:e 21, Title
<br /> 39, CRS, (c) unpaid loans due to the Student Loan Division of the
<br /> 6 Quality,The State will be the sole judge in determining "equals" Department of Higher Education; (d) owed amounts required to be
<br /> with regard to quality, price and performance All products delivered paid to the unemployment compensation fund: and (e) other unpaid
<br /> shall be newly manufactured and of the manufacturer's current debts owing to the state or any agency thereof, the amount of which
<br /> mood', unless otherwise specified. is found to be owing as a result of final agency determination or
<br /> reduced to judgment as certified by the State Controller.
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