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HomeMy WebLinkAbout193950 BRINKER'S INTERIOR DESING INC - PURCHASE ORDER - 9111489PURCHASE ORDER PO Number Page City Of 9111489 102 FortCollins This number must appear C !-\V`I ` V J on all invoices, packing Islips and labels. Date: 03/11/2011 Vendor: 193950 BRINKER'S INTERIOR DESIGN INC 1418 E MAGNOLIA FORT COLLINS Colorado 80524 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 03/11/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price r Milliken carpet Sisal P-6391 Savanna 185 Plantation 2,000 sf for 200 W. Mountain. This carpet might be kept for attic stock in the warehouse if we don't use it at 200 W. Mount: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 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:purchasing@fcgov.com 1 LOT 5,595.68 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 9R-Jk1502. Federal Excise Tax Exemption Certifieale of Registry 94-6000587 is registered .with the Collector of Failure of the Purchaser to insist Open strict ferfomance of the terns and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 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 Foods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, citha when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a wnivcr of any right of the damage in transit, may be maimed to you for credit and arc not to be replaced except upon receipt of wducn purchaser to insist upon .strict performance Immofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hcrcturdcr, nor shalt any pnmmcd oral modification or rescission Of this purchase onlcr by the Purchaser operate as a wnivcr Of any Of the tans Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. here.[ Final Acceptance. Receipt of the merchandise, .services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS, anthorized payment on the part of the City of Fort Collins. Hoavcvcr. it is to be undastond that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmnr antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as cmwidemtina for executing this purchase order, the Seller hereby assigns 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 90522, unless acquired under federal or state antirust Ines for such overcharges rdming to the pnrticulzr goods or services Otherwise specified on this order. If pemussion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Wherc 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 arc made from greater distance. Permits. Seller shall procure at sellers ttdc cost all no essary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, mtaicipelity. territory or political 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 Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, nrdinanccs odes and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tcmus and conditions annexed hereto or incorporated heroin by reference. Any additional or different tcros and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive On your premised 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 as a waiver of this provision. In the event Many delay, the Purchascr shall have, in addition to other legal and equitable remedies, the option ofplacing 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 mrom ably foreseeable which are beyond its reasonable control and without its fault of negligence. such nets of Gott, acts of civil or military authorities. Governmental priorities. fires, strikes, flood, epidemics wars or rims provided that notice of the conditions causing such delay is given to the purchaser within five (5) days of the time when the Scllcr 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 ofthe delay. 3. WARRANTY. The Seller womnts that all goods articles, materials and work covered by this order will conform with applicable drawings, specification samples and/or other descriptions given. will be fit for the purposes intended, and performed ss'ith 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 hamdess fmm any loss, damage or expense which the Purchaser may sutler or incur on account of the Scllcm breach of warranty. The Seller shall replace, repair or make gone, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable wamnty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unmasonably delayed), resulting from imperfeef or defective work done or materials famished by the Sol let. Acceptance or use of goods by the Purchnser shall not constitute a waiver of any claim under this warranty. Except as othenviee provided in this purchase order, the Set lco liability hereunder shall extend to all damages pmximatcly caused by the breach of any of the foregoing warmntics Or gano ntces, hot such liability shall in no event include loss of profits or loss of use. NO I PI.I ED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES 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 tans, including additions to or deletions from the quumnic, originally ardemd in the specifications or drawings, by verbal Or written change order. If any such change affects the amount due or the time of pefomancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr may at any time by written change nrdcr, terminate this agreement as to any or all portions of the goods then not .shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted portion of the galls and/or work. for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any c f their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any eleim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is mdc¢d. R. COMPLIANCE WITH LAW. The Seller wamms 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 may be required to effect or 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 farm all costs and damages suffered by the Purchascr as a result of the Sellcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order. or any monies due or to became due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr wnmuts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser directs life Seller to correct nonconforming or defectiwe good by a date to be ngrced upon by the Purchaser and the Scllcr, and the Seller thereafter indicates its inability or am, illingnccc to comply, the Purchaser may cause the work to be performed by the most expeditious means mailable to it and the Seller shall pay all costs Associated 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 s ch work. Ibis release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oRcers and employees ofsuch party. The Sellers contractual obligations, including wamnty, shall not be doemed to be reduced, in any way. because such work is performed or caused in he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmnr any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the concoct, and shall indemnify the Purchascr far any cost. expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either pmcurc for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Scllcr shall bec.nm insolvent Or hankmpt, make an assignment for the benefit of creditors, appoint a receiver or hirsue for any of the Sellers property or business, this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions of terns used or the intcmrctmion of the agreement and the rights off[] parties hereunder shall be construed under and govcmcd by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is In perform work hereunder. including the services of Sellers. Rc tescrativc(s), no the prcm iscs of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the sans is fully completed and accepted, and shall, in case of any accident. des rf ction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense fail to the satisfaction of the Purchases When materials and equipment arc furnished by Others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site ,,,it become responsible therefor as though such materials and/or equipment were being furnished by file Scllcr under the ortler. 19, INSURANCE. The Seller shall, at his own expcnsc, provide for the payment of workers eompcnsntion, including occupational disease benefits, to its employees a iployed on or in connection with the work covered by this purchasc order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and mumentrile public liahility im umnee with bodily injury and death limits of at (cast S100,000 for any ere Porten, S500.000 for any one accident and property damage limit per accident of S400.000. The Seller 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 pmmises ofmhers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenificancs 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 conrpcomfion and insurance shalt be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for env and all damage, loss or injury of any kind or nature whatsoever to persons Of property caused by or resulting front the execution ofthc work provided for in this purchase Order or in connection herewith. The Sellerw ill indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees from and againsl any and all claims losses damages. charges or expenses, whether direct or indirect, 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 part of the Scllcr, any of his contractors. or any of the Sellers or contractors officers. agents or employees. In case any suit or other pneccdings shall be bmught against the Purchaser. or its officers, agents or employees at any time on account or by reason of anv act, action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees in assgn a the defense thereof and to defend the same at the Scllcm own expcnsc, to pay any and all costs, charges, attorneys fttx and other expenses, any and all judgments that may be incurred by or obtained againsl the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the properly of the purchase, or said panics in or as a result of such suits or other pnweedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safely precautions, finot and install all guards necessary for the pmvcnlion of ,accidents, comply with all Imes and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all miles and regulations issued pursuant thereto. Revised 03/2010