Loading...
HomeMy WebLinkAbout343909 VINYL WORKS - PURCHASE ORDER - 6607265Date: 11 /15/06 m City of Fort Collins Page Number: 1 City of Fort Collins Purchase Order Number: 6607265 Delivery Date: 11/15/06 Buyer: BONNETTE, ED Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note:, Line Qty/Units Description Extended Price 1 1 LOT 3,443.75 U450 USPCA box search U450 USPCA BOX SEARCH EQUIPMENT FOR K9 TRAINING. 6 EA/SET = $3,300.00 SHIPPING CHARGES $325.00 LESS 5% DISCOUNT ($181.25) TOTAL $3,443.75 PLEASE SHIP TO ATTN: DAVE FREISMUTH: CONTACT #(970)416-2457. Total $3,443.75 City of Fort C911irif Director of Purchasing and Risk Management City of Fort Collins This order is rhalhalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Condition I. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to: City of Fort Collins Accounting Division P.O. Box 580 Fen Collins, CO 80522 Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the (Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except Ulan receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on an'tval. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection ph'oeedures. Freight Terns. Shipments must be F.O.B., City of Fort Collins, 700 Wood St . For Collins. CO 80522, unless otherwise specified on this order. If permission is given to prepay fi'eight and charge separately, the original height bill must accompany invoice, Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts 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 distance - Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and toles of the state, municipality, territory or politcal subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of For Collins harmless sour and against all liability and loss incanted by them by reason of an asserted or established violation of any such Imes, regulations, ordinances, rules 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 stilted herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller a,e objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to an'ive on your promised delivery date as noted. Time is of the essence. Delivery and performance nmst be effected within the time stated on the purchase order and the documents attached hereto. No acts Lit the Purchases including, without limitation, acceptance of pedal late deliveries, shall operate as a waiver of this provision. In the event orally 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 at of God, acts of civil or military authorities, governmental priorities, fires, strikes, Bad, epidemics, wars or riots provided that notice of the conditions causing suchdelay is given to the Purchmer within five (5) days ofthe time when the Seller first received knowledge thereof, In the event ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confomt with applicable drawings, specifications, samples and/or other descriptions given, will be fit far the purposes intended, and perfommed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchasemay suffer or incur on account of the Seller breach of warranty, The Seller shall replace, repair or make good, Without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty, provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done of materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wan only. 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 loss 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions front the quantities originally ordered in the specifications or 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 be 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 not 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 incidenml or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to amy goods which are the Sellers standard sack. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assented within thirty (30) days Gom the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods 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 execute and deliver such documents as; maybe required to effector evidence compliance. All laws and regulations required to be incorporated 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 failure 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 prim written consent of the other party. 10 TITLE 1'lle Seller w;mnaLLti full, clear and unr'estiicted title to the Purchaser fin' all equipment, materials, and items furnished in performance of this agreement, Gee and clem' of my and all liens, restrictions, reservations, security interest encu imunces .,,it claims ofothers. 11. NONWAIVER. Failure of the Purchaser 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, failure to promptly notify the Seller in the event of a breach, the acceptance oral payment for goods hereunder or approval of the design, shall not release the Seller of any of the wan'anties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon sn'iat pal fixmance hereof or any of its rights at remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereundea, not shall any purported oral modification or rescission of this purchase order by the Purchaser operate is a waiver ofany ofthe terms hereof I2. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, ove¢harges resulting from antitrust violations am in fact borne by the PLlmlim n. Theretofore, for good cause and as consideration for executing this purchase order, the Scller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such ovech:nges mining to the particular goods in services purchmed or acquired by the Purchaser pursuant to this purchase order 13 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. H the Purchaser directs the Seller to con'ect nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Scller and the Seller thereafter indicates its inability or unwillingness to comply, the Purchase' may cause the work to be pet ormed by the most expeditious moms available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Pu¢hasel and its connectors of any net from all liability and claims of any nature resulting farm die pa fnnnance of such work Phis release shall apply even in the event of fault of negligence ofthe party released and shall extend to the directors, officers and employees of such party. The Seller's contactual obligations, including warranty. shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Pur h sa 14. PATENTS. Whenever the Seller' is required to use any design, device, material or process covered by letter, patent, tradanark or copyright,the Seller shall indennify and save harmless the Purchaser hone any and all clainhs fur' itiingentent by reason of the use of such patented design, device, material or process in connection with the commact,and shall indemnify the Purchaser for any cost, expense or damage which it play be obliged to pay by reason of such infringnnent at any time during the prosecution or after the completion of the work. In case said equipment, or any pail thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment m part is enj clued the Seller shall, at its own expense and al its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the sane with substantially equal but iron-tnhingmg equipnhent, or nutdify it so it beecar. nun-tntlinging- 15. INSOLVENCY If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or nmstee for any ofthe Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. to. GOVERNING LAW. The definitions oftenns used or the interpretation of the agreement and the rights of all parties hereunder' shall be construed undo' and governed by the laws Of the State of Colorado, USA. The tollowing Additional Conditions apply only in cases where the Seller is to perform wink hereunder, including the sea ices of Sellers Representativelsl, on tine premises of others. 17_ SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is folly completed and accepted, and shall, in case of any accident, destruction Or injury to the work and/or materials before Seller's final completion and acceptance, complete the work al Seller's own expense and to the satisfaction ofthe Purchase'. When materials and equipmen are film ished by others nix installation or el aion by the Scller, the Seller shall receive, unload, store and handle same at the site and become reslwnsible therefor as though such materials and/or equipment were being tarnished by the Seller under the carter. 18 INSUR.ANCE. 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, and/or initial dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also cant' comprehensive 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, $500.000 for any one accident and property damage limit per accident of $400,000_ The Seller shall likewise require Ibis contractors, if any, to provide for such compensation and insurance. Before any of nc, Sellers oh' his contractors employees shall do any work upon the premises probers, the Seller - shall furnish the Purchaser with a cenificate that such compensation Laid insurance have been provided. Such certificates shall specify the dale 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 compensalion and insurance shall be ntninained until after the entire work is connpleted and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury orally kind ur natue whatsoever' to persons or property caused by or resulting font the execution ofthe work provided fur in this purchase order' or in connection herewith. The Seller will indemnity and hold harmless the Purchaser and any or all of the Purclnsers officers. agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct at indirect, and whether to persons or -property to which the Purchaser may be put or subject by reason ofany act, action, neglect, omission or default on the pan of the Seller, any infix contactors, or any ofthe Sellers or contractors officers, agents or employces. In case any suit or other proceedings shall be brought against the Purclhaer, or its officers, agents or employees at any time on account m by Lemon crony act, action, neglect, onhission or default ofthe Seller ofany of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at tine Sellers own expense, to pay any and all costs, ch;uges, attorneys fees and other' expenses, any and all judgments that may be ineun'ed by orobmined against the Purchases' or any afils or their Oflicen, agents or enployecs in Such suits or other proceedings, and in case judgment or other lien be placed upon is obtained against the property ofthe Purclaser, of said parties 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 Sella- and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without Iintintion, the Occupational Safety mid Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 11/9