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HomeMy WebLinkAbout120283 ZOE TRAINING - PURCHASE ORDER - 2208604a Page Number: 1 of 1 City of Fort Collins Date: 12/18/02 PURCHASE ORDER NUMBER: 2208604 Delivery Date: 12/18/02 Oyer: HUME,JAMES Purchase Order number must appear on invoices, packing lists, labels, bill f lading and all correspondence NOTE: Line: Qty/Units: Description: Extended Price: 1 1 LOT MZ120402K 2,166.13 2 1 LOT MZ1 Total: City of For C Ilins Director of Purchasing and Risk Management This order of valid over $2000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 Phone: 970-221-6775 Fax: 970-221-6707 Email: info@ci.fort-collins.co.us 22.08 2,188.21 Mail Invoices in duplicate to: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 1. COMMERCIAL DETAILS, Invoice Address. To enaure prompt Payment mail invoices in duplicate ov City of Fat Collins Accounting Division P.O. Box 580 Fort Collins, CO 80522 Ta exemptions. By ingrate the City of Pon Collins is exempt from state and local =a. Our Exemption Number is 9"502. Federal Excise TOO, Exemption Certificate afRegistry 84-6000587 is registered with tie Collector of Intemal Revenue, Deaver, Colorado (Ref Colorado Revised Statute 1973, Chapter 39-26, 114 (a). Goads Rcjate L GOODS REJECTED due an failure to mat specifications, either whim shipped or due to defects of damage in trmsit may be reamed to you for credit and ere not to be reduced except upon accipt of written insWctims from she City of Fort Collins. Inspection. GOODS arc subject to the City of Port Collins inspection on artival. Final Acecpuia. Boucle ofthe macharldiae, service m equipment in respoue to this order as resit in sui ngrod payment on the put of the City of Fort Collins. However, it is in be andemaod that FINAL ACCEPTANCE is dependent upon coupled. of all applicable required impectim procedures. Freight Terms, SMpnenb mum be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this ado Ifpemayin, is given in prepay fright and charge separately, the original freight bill mat accompany invoice. Additional charges for making will not be ow, pted Shipment Dianna. Where mmufacm is have distributing points in various pails of the country, shipment is expected from tie nearest distribution point to destination, and excess freight will h deducted from Invoice when ampmmn me made from greater dimmce. Pemdts. Sella shall prorate m sellers sole cast all necessary permits, cadficata and Innings required by all applicable laws, regulations, adinmcm andmles ofthe saw, municipality, territory or political subdivision where the work is performed, or required by my other duty constitutdpublic authority havingjmisdiction ova the work of vendor, Seller human ageastes to bold the City of Fort Collins harmless from and against all liability and Ices incurred by them by reason of an aaertd or established violation of my such laws, replamore, Ordinances, rules and requiremimts. Authoriation. All parties in this matimet agree that the representatives me, in fact, bun fide and possess full and complete authority to bind said pang. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toons and conditions stated Want act forth end my mpplemea my or additional tam shed condition.. -ad herd- Or incorporated herein by reference. Any additional or different tams and conditions po mial by seller arc objeetd to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you annot make complete shipment to arrive on you promised defiverY daze at acted Time is of the names. Delivery and performance most be effectdwithin the time aided an the purchase oda and the dmummts coached herein. No wb of she Purchaser including, without limitation, a.eposece ofpsitial law deliveries, shall opeme as a waiverof this provision. In thc cvmt of any delay, the P.ldi,t eS have,ine fardg gdoorlegaland .Seller remedies,the-pionofow,as this order algewhae and holding the Sella liable for dacable However tune Seller shall not co liable for dmnsga as a temp of delay, due n caeca tamre8of avforeseeablewhichere s, in reasonablematrol and without its ofaultidmici, w. soh recta of God cob of civil th military n tcausing govemlay is prioritiesefines, strike, Band, a (5) d epidemics, wen orri.en the Srim noteof cethe mnditimmcausingsuch delayisgivenn she delay, Purchaser within five livdaysofthe time when the Seller first receivdknowledge thereof. ts the event of my such dewy, the date of delivery shill be extended fur the period equal to the time adnallY lost by reason of the delay. 3. WARRANTY, The Sella warrenb that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, sample and/or other descriptions given, will be fit for tune pupates intended, and performed with the highest degree of are and competence in accordance with accepted standards for work of a similar natme. The Sella agrees to hold the purchaser histrdm from my loss, damage a expense which the Purchaser may suffer or incur on account of the Sellers breach awarranty. The Sella shall replace, repair or make good without cost to the purcheser, my defects or twin arising within one (1) yew Or within such large period of time as my be Installed by law Or by the temp of airy applicable warranty provided by the Sella after the date of accsptmce of the goods furnished hereunder (acceptance tam to be mreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Sella. Aculptsrce Or ere ofgoods by the Purchaser shall not constitute a waiver of my claim under this mummy. y. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages, preamus sly assail by she beach of wy of the foregoing wmnntise or guatmwa, but such liability shall is an some include loss of,efite ar logs of ere. NO Rv1PLH'D WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal moms by written client, Order. 5, CHANGES IN COMMERCIAL TERMS. The Pnclu a may make my changes n the tarn, other then legal More, including additions to a deletiong from tie quantiti. originally ordered in the-preficahow or dmwiugs, by verbal or written 6-1 order . If MY such change gffau the amount due or the time m perfommna hercunda, an equitable adjmmeent shall be made. 6. TERMINATIONS. The Perchance may a my time by written change order, enmeate this agennat as to my or ell portions of the goods Rm net shipped, subject to my equitable adjustment between the parties a to my work or materials now in progma provided Om the Purchaser shall not be liable fur my claims for anticipated profits on the uncompleted potion ofthe goads and/or work, for imMental or eonagamtial damages, and thin no such adjustment be made in favor of the Sella with respect to my goads which as the Selling standard stock. No such termination shall relieve the Parchmer or the Seller of my of their Obligations as to my sands delivered hereunder. T CLAIMS FORADJUSTAHINT. A.Y claim for edjusthwntmm be mated within thirty (30) days from the date the change Or tel mmistion is ordered 8. COMPLIANCE WITH LAW, The Sella warning that all goods sold harmed. shall have been po hied, sold delivered and furnished in strict conplimor with all applicable Taws and regulations to which the good, an, subject The Seller shall execute and deliver sucb da bu sy ay he regulBe� optimal or evidence compliance. All law, and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees w indemnify and hold the Fogelman harmless fnam all can and damages suffered by the Purchaser as a result of the Scll. failure to comply with such law. 9. ASSIGNMENT. Neither party and] assign, trmmm or convey this order, or my monies den or to become due hereunder without the prior women consent ofthe Other parry. 10. TITLE. The Sella wshtanb fidl, clear and wrcslricted title totbe Purthaser fa all egullxmm, matciale, and item fmvished in wrOmmence of this agreement free and clear of any and all lima restrictions, onarvations, annuity interest meembrmces and clet. of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strim perfomance of the tomb and conditions hereof, failure or May to exercise any rights or remedies provided herein or by law, failure to pommy notify the Sella in the event of a breach, the acceptance of Or payment fur goads hereunder or approval of the design, shall not release the Sella of my of the warranties or obligations of this purchase order and shall not he deemed a waiver of my right of the purchaser to insist upon sand performance hereof a my of its rights or remedia a to my such goods, regardless ofwhm shipped, received or accepted, a to any print or subsequimt default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Furcbasa operate as a waiver of my of the tame hanof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in semel aonmail Praha, overcharges resulting from mtimbt violations as in fact bome by the Purchaser. Theretofore, for good came and at coreidaation for executing this purchase aria, the Sella hereby assigns to the Footwear any and all claims it may now have a hereafter acquired under fcdeal or state antitrust laws for such Overcharges relating to the pat ea, goods or saviors purchased or acquired by the Purchaser poreuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchase duals the Sella to prior, nonconforming u defective goods by a date to be agreed upon by the Parch. and the Sella, and me Sella thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to the performed by tie moot evoiliuoug means available mu, and the Sella shall pay all casts associated with such work. The Sella shall release the Purchaser and its contractors of my tree from all liability and claims of my nature resulting from the performance of such work. This relaec shall apply mm in the event of fault of negligence of the party released and shall caned m the directors, offices and employees of such parry. The Sellers conummal obligations, including wertenty, shall net he deemed to be reduced, in my way, because, such work is performed or caused to be performed by the Purchase. 14, PATENTS, Whenever the Sella is required in use my design, device, material or process covered by Iona, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the was of such patankd design, device, material Or Interests in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may he obliged to pay by ream of such infringement at my time during the prosecution or after the completion of the work, to case said equipment, a my pan thereof or the intended we of the goads, is in such suit held to constitute infringement and the we of said equipment a put is egjOb eA the Sella shall, at its own expense and a its option, eiha procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but man -infringing equipment, or modify it. it her. non -infringing. 15. INSOLVENCY. If the Sella shall become insolvent a bankrupt make an assignment for the benefit of melt—, appoint artteiver m vustee for my of the Sell. lurperty. business, this ada may fmtbw'ith be canceled by the Purchase without liability. 16. GOVERNING LAW. The definitions of term used Or the interpretation of the Was m ed and the rights of all Feria Insomnia shall be crammed coda and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform weak hereunder, including the services of Sell. Repomentative(s), an the Premises of others. ❑. SELLERS RESPONSIBILITY. The Sella shall carry m said wow a Seller's own risk until the are is fully completed and accepted and shall, in cave of my accident destruction or injury in the work and/or materials before Sellers final completion and sccepnrwe, mmpkde the work a Sellers own apmse and to the satisfaction of the Purchase. Whm materials and equipment On, famished by others for installation Or creation by the Seller, the Sella shall receive, unload, state and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Sella coda the coda. 18. INSURANCE, The Seller shall, at big own expense, provide ten the payment of wmken compensation, including occupational disease benefib, to its MVJW es employed on or in t0lm.lon with the work covered "is p rchaec aide, anlm to their dependent in accordance with the laws of the mere in which the work is to be done. The Sella shall also tarty comprehensive general liability including, but not limited n, conmetual and immobile public liability insurance with bodily injury and&am limits of ar lam 5300,000 fur MY one Paon, S500,000 fm my me secident and property damage limit pey accident of S400,000. The Sella shall likewise require big contractors, if my, to provide for such comprnsoi. and Jnemance. Before my of the Sell. Or hit mmatm employees shell do any work upon the menages of nation, the Sella shall famish the Purchase with a cetifib a that such cooperation and insurance have been povidd. Such certificates shall specify the data when such cmnpensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller ages that such compensation and insurance shall be maintained until after the satire work is mmplecd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Sella hereby mama the mtim responsibility and liability for my and all damage, lots or injury many Nnd m no = whmmever to p.ons On property caused by or resulting from the amnion of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Parchasa and my or ail of the Pmchmers offices, agents and employee from and against my and all claims Imes, dmmges, chmga or expenses, whether direct m indirect, and whether n pesos Or property to which the Pmcbasa maybe put or -object by reason of my an, action, neglect, Mont. or default on she part of the Sella, my of his contract., or my of the S.L. or Museu rs offcess, agents or anployses. In case my unit or other pocadings shall be bought against tune Purchaser, or its offlem, agents as employees a my time on mcmunt or by gam of my act action, neglect, moigsion or default of the Sella of my of his convmtora or my of its or their Officers, agents a employes as aforesaid the Sella hereby ages to some the defense thereof and to defend the same m tie Sell. own caperse, to pay any and all roam, charges, moneys fees and other expenses, my and all judgments thin may he incurred by or obtained aganst the Pamhaser many of its or their officer, agents or aployces, in such suits Or orbs proceeding, and in cane judgment or other Jim be placed upon or obtained against the property of the Pmchan s, or said parties in or as a result of such suits or other proceedings, the Sella will at once cause the sate m be dissolved and disfi.ged by giving bond a otherwise. Tbe Sella nn and his conmsshall take all safety preautiom, furnish and install all guards necessary fur the prevention of accidents, comply with all laws and regulations with regard to safety includin& but without limimion, the Occupational Safety and Health Act of 1970 and all miss and regulations issued pursuant thereto. Revised I Il9