PERMFILE107008

• Permit No: M1995095
• IBM Index Class Name: Permit File
• Doc Date: 3/1/1996
• Doc Name: PURCHASE ORDER
• From: EL PASO CNTY
• Media Type: D
• Archive: No

EL PASO COUNTY -PURCHASE ORDER TERMS AfID CONDITIONS
DEFINITION:
BUYER means EI Paso Gounly. ~VENDO•eans the party wdP whom the buyer is wntnclinc a ~iy relerence to' Seller . ~Subconlraclor'",
' Contraclo%~ nr Supplier' shall else mein `! ntlc~
Purchase Order or Onfer means the name c' Idle cf the rnsirument for conhacting include n ac locum =ms. exhibits and attachments referenced
thereon. and once accepted by vendor c>rshWle the entire agreement between buyer and dendor Ir.r the sale and purchase of Ilwse yoods,
suppfes, materials. arUCles, rlems. Darts, c~r`conenls pr services Yereut specified.
A. ACCEPTANCE:
1 This order is Buyers Often IU puchase the goods and%or services de.cr~oed on the reverse hereof from vendor Buyers placement
of Ihig wtldr with vendor is' e;p~essly conditioned upon ve vior's ace '.stance Of al terms and conditions of purchase. contained on
er attached to This order
2. Any adddional or ddlerenf terms or conditions which may ;,p corn in any communication hom vendor are hereby expressly od{ected
to ny Uuyer s purchasnrg department, and no such additional or ,•:'INen~ tennis o• conditions rn auy panted form of vendor's shall
become part pf lh+s contract de~.pde buyer's acceptance of goods or services unless ag•aed to in writing by buyer.
3 Vendors commencement of ~roik On the yoods or seances subject W Ihrs purchase order shall be tleemed an effective mode of
acceptance of this purchase order
B. TERMINATION:
Euyer reserves Bre nghl to lerm~nate this order or any part herein for its sole convei ~ience Vendor vr~ll not be paitl for work done after
receipt of the Notice of 7errnrnal.on. ear for any costs mcurrod ry Vendor s suppliers or subcontractors which Vendor could reasonably
have avpidetl. Buyer may also IermnoU tl•is order pr any part Hereof for cause in the event of any default by Vendor. or if the Vendor
fails to comply with any of thr; terms r rid conditions of ui s order h the event of termination tc~ cause. Buyer shall not be liable to Vendor
far any costs. VernJOr may de Kahle Ip Buyer for any damag•;s s~slained by reason of the default which gave rise to the termination
C. SHIPPING INSTRUCTIONS:
All yoods are to be shipped fie gM p i~aatl. FC.B. destinaton. unless otherwise statetl Where Buyer has so authorized m canting. goods
may be shipped FOB Shipp n9 4a it 'at Vendor shall prepay all shipping charges.
D. DELIVERY:
Time is of the essence. and Ihrs ortler may be terminated it delro[ry is not made or senaces are not performed 6y the date sUecdied on
the reverse side hereof. Buyer reserves the nyht without habi:rty m addition to ds other nyhts and remedies. to terminate this contract by
notice which rs ellechve when rece ved by Vendor and to charge Vendor wtlh 2ny loss mcurrec,.
E. INVOICING:
Ventlor shall submit invoices in duplicate to B Iting address shown on lace of Purchase G[der
F. INDEMNIFICATION;
Vendor shall delend, irdemvfy anc held harmless Buyer acainst all damages, claims or bsbi6tres and expenses (including attorney s tees)
arising Did of Or resulting in any vay Irom any defect in 'he goods or services purchased hereunder, or from any act or omission by
Vendor ds agents. employees or subcontractors
G. TA%ES:
EI Paso Couniy is exempt from al Federal, State and Local Taxes A fax exempt certihcate cad be supplied upa~ request
H. ASSIGNMENT:
Seller shall no! assign this coNrac'. r the nyht to payment Uue hereunder wJftoul Drryers prior written consent.
I. LIENS. CLAIMS AND ENCUMBRANCES:
Seller wanants and represents that art goods call!, when de6ve•ed hereunder, be free antl clear of all liens, claims or encumbrances of
every kind.
J. INSPECTION /REJECTION
All goods Uurchasetl hereunder are s~blecl to buyer s inspections and approval Payment for the goods delivered or services performed
shall not constitute acceptance thereof. Buyer shall have 'he nghl to inspect such goods or services and to reject any or all :vhicn are
m Boyar's 7udg °~art : etect~.a ar nor -c o^lur ~- ny
K. WARRANTIES:
Vendor warrants goods supplied and work performed under Ims ortler conform to soeuhcations herein and goods are merchantable and
fit for the particular purpose for wniCr the goods were ordered
L. INFRINGEMENTS: _ _ _ _ _. _ _ _
Vendor warrants that Buyers purrhr se. instarlation, and/or use of goods coverec hereby w~Il not result m any claim of infringement, or
actual mtnngement of any patent tr,.oemark. copyright franchise, pr other mtelleclual properly right
M. DRAWINGS OR SPECIFICATIONS:
Any dravnng or specdicabons prepa~ed by Vendor are to became the property of Buyer and shall be marked Property of EI Paso County"
and shall be stored separate'y when not in use Such drawings cr specd~cal~ons will be sent to Purchasing, 27 E Verm~jo. Colorado Springs
CO &0903. altent+pn Purchasing/Contacts A4anager when order is completed
N. SERVICE OR CONSTRUCTION WURK:
1. Vendor shall lake preoaul ons to protect County properly and persons from daraaye or Injury arisng out of its work and shall comply
wuh all tire, safely and other appLCable regulations prescribed by any 9ovemmental agency and by Buyer. the observaru~e thereof
by all subcontractors emplovnes. age~rls. and repre,entatmes of Vendor and ds subcontractors. Vendor shalt also obtain at its own
expense and provide the B~ryer with proof of insurance coverage, ~:: prke~ s canpensahon and property damage. public liability,
personal injury, employers IiabJUy and ether applicable insurance sahslacfory to Buyer
2 Tha work shall remain at Vrn_ors ask prior to writnn acceptance by Buyer and/or o~rvner of the project antl Ventlor shall replace
al ds own expanse all wrnk damaged or flesh Dyed by ds employees. agents or subcontractors.
3 Vendor shall cant/ o~ ds v,ork so that the premises shall at all times be clean, oNerly and Tree Irom debris and upon completion
shalt remove all equ amect ano unused materials tram the protect
4. Vendor shelf require ds employees, agents. contractors. or suhconpactors to abxfe by Buyer's work and safety rules when work or
service are performed on Buyer's premises Buyer has the light to exclutle Personnel from Buyer's premises who do not ab~.de by
such ryles, antl <1~Buyer's elect on, to declare a default under the order
5. Vendpr shall .comply wnh all applicable requirements Contained rn federal, state and local yovemmenf statutes and their rWes.
regWat~ons and ordinances vd~ie performing on this protect.
O. LAW:
The taws of the State of Colcrndo shall govern this order and the venue of any action brought hereunder may be laid in or transferred to
the County Of EI Pgs0. Stale of Colorado
Fev 5/9U