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HomeMy WebLinkAbout459072 LIGHTSOURCE CREATIE COMMUNICATIONS INC - PURCHASE ORDER - 9111715PO y PURCHASE ORDER 9111715r Page City of , of 2 Flirt Collins on Thislli invoices, must appear /w�,- \V`I �.IV.I a` �7 on all invoices, packing sli s and labels. Date: 0312912011 Vendor: 459072 Ship To: LINCOLN CENTER LIGHTSOURCE CREATIVE COMMUNICATIONS INC CITY OF FORT COLLINS 121 W LAPORTE AVE 417 W MAGNOLIA FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80521 j Delivery Date: 03/28/2011 Buyer: DAVID CAREY Note: Line Description Quantity Extended P Ordered UOM Unit Price Price Rebranding Lincoln Center 1 LOT LS 20,000.00 Project per RFP# 7207 TERMS AND CONDITIONS PER AGREEMENT FOR RFP#7207. - 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 III 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. ' 1._. Tax exemptions. By ran rim the City of Fort Collins is exempt tram stem and local taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption. C,nificom of Registry 84-6000581 is minimal! with the Collector of Internal Revenue, Dcnveq Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 110 (a). Goods Rejected. GOODS REJECTED due to failure In meet specifications, either when shipped or due to defects of damage in transit, may be rammed to you for c edit and an not to be replaced except upon reecipt of written insmcdi ms horn the City of Fon Collins. fraction. GOODS arc subject In the City of Fon Collins re,re lion on totem, 11. NONWATVER. Failure of the Purchaser to insist upon slow performance ofthe lams and conditions hereof, failure ar delay in any ridits .... medies Provided had, orby law, failure oa pramptly. unify the Seller in the event Of. breach, the acceptance of or po dment for goods hereunder or mammal ofthe design, shall not defense the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the porchowr In insist upon air, pamandice haenfar any of its rights or remedies as to any such goods, raordlcm of when shipped, received or accepted, as to any Prim or sob,C,.CCt default Invade. nor shall any la maned oral modification Or rescission of this purchase order by the Purchaser operate as a waiver of any of the units hereof. Final Acceptance Receipt of the merchandise, services Or equipmem in response to this aMer eon result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. arilhon.ed payment on the pan of the City of Fort Collins. However, d is 1. be understand that FINAL Seller and the Purchaser recognize that in actual ecne is practice, marbar,es ,calling from unionist ACCEPTANCE isda,radunt upon mmpimion ofall speieable,squired inspection procedures. violations arc In fact home by the Purchaser. Thencomme,f r good cause and as consideration for c,ce ning this purchase order, the Seller hereby assigns to the Purchaser any and all Claims it mny new have or heradim Freight Terms. Shipments must be FOB., City of Fan Collins, 700 Wood St.. Fon Collins, CO 80522, unless ctherwiu, speeifed oa Ibis aMer. if permission is given to prepay freight and charge separately, the anginal freight bill must accompany tromice. Additional charges an packing will not be accepted. Shipment Distance. Mae doundiumarmay have dahouning'poin s in varime, pans of the country. shipment is expected ham the acarcm distribution Point todrsjiution. and excess freight will be restricted from Invoice when shipments in made from gmater source. _ Permits. Sella shall procure at sellers sale cast all nwcssary pcumbs, ecnificates end Floras required by all applicable laws. regulaions, uadin ures and It, of Ill. stem, municipality, lemtory 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 fmthct agrees to hold 'be City of Fan Collins hatmlos from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordioances, miss and requirements. Authorization. All parties to this contact agree that the representatives arc, in fact, bona fide and possess full and complete authority Ira bind said panics. LIMITATION OF TERMS. This Purchme Order expressly limits acceptance to the terms end conditions stated hacin set froth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or difRanotcans and conditions proposed by sell., arc objected 1. and hereby rejcdW. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifym canna make complete shipment to arrive an your promised delivery date as noted. Time is ofthe cau nee. Delivery and performance must be effected within the time stated on the purchase aMer and the documents attached hereto. No acts of the Purchawrs including, without harbored, acceptance mfpanial laic deliveries, shell opcmic as a waiver of this prevision, in the event of any delay, the Purchaser shall have: in addition to other legal and scribble remedies, the option ofplacin, this other elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable far damages as a result Of delays due to ume, am rcmonably foesemble which a,, beyond its ,.enable control and without its fault Ofne,li,auc. such acts ofGod, acts ofcivil M military authorities, govamnmn ul pralines, fides, aMke,s, Rood, epidemic, wars or moss provided that notice of the conditions earning such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall h extended fo the period equal to the tiew actually lost by reason ofthe delay. 3. WARRANTY. The Scllcr walams that all goods, articles, marmots and work severed by this oMe, will conform with applicable drawings, specifications, samples arM/m other descriptions given, will be lit for the mpit intended, and acquired under mderal or crate antitrust laws for such ovacMngu relating to the particular goods or services pmch... d or acquired by,h, Purchaser pursuant m this purchase Older. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS - If thb Purchmer directs the Seller to cancel nommnmnning or defective goods by a dam to be agreed area by the Porchata and the Seller, and the Seller thereafter indiums its inability, or unwdlingucss to comply, the PrivM1awr may are the walk to be performed by the most es,ditiou, means available to it and the Seller shot] pay all costs associated with such wark' I ': �'Jt - The Seller shall release the Immhase, and its co mments Of any net from all liability and claims of any nude resulting tram the perfomtance of such work. This release shall apply even in the event of fault Of negligence of the parry released and shall extend to the directors, once. end employees March perry. The Seller's eontraemal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is Performed a caused to be performed by the Purchaser Id. PATENTS. Whenever the Seller is required to use any design, device, material Or process covered by later, parent trademark or copyright, the Seller shall indemnify end save ha diices the Purchaser Item any and all claims for Infuriation by reason of the on of such patented destroy device, material or process in connection with the connect and shall indemnity the PurcM1aser for any cast, expema or damage which it may be obliged to pay by mason of such O ingemem 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 goods, is in such suit held to eomtitute infingemenl and the use of said equipment or pan is enjoined, the Seller shall, at its oxen expense and at its option, enter Flown, for the PumM1aaer the right to continue using mid e,cipmenl or pans, replace IM1e same with substantially Island her noniafnnging equipment, at modify it so it becomes noninfn'ng'mg. 15. INSOLVENCY. If the Seller shall become insolvent ar bankrupt, make an amount far the benefil of creditors, appoint a err taste¢ for any of the Sellers property Or business, this order may forthwith be canceled by the Purchaser without liability.. I r 16. GOVERNING LAW. The definitions of terms used In the interpretation of the agreement and the rights of all panics hereunder shall be onstan d under and governed by the laws of the State ufCniomdc. USA. performed with the highest degree of care and committee in accordance with accepted standards far work of a similar nature. The Seller agrees to hold the pmchorm harmless from my loss, damage or almost which the The fallowing Additional Conditions apply only in cans where the Seller is to pdform work hereunder, Purchaser may salter no incur on account of the Sellers branch of warmety. The Seller shall replace, repair at make including the services of Scll,rs Rep¢sentatiods). on the premise of mhos. good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of -time as maybe prescribed by law m by the terms of any applicable warany provided by the Seller after the dine of 11 SELLERS RESPONSIBILITY. acceptance of the guards famished hereunder (accepo nce not to h unreasonably delayed), resulting flow imperfect The Sella shall mny on said work at Solicits ran risk until the same is fully mainland and accepted, and shall, or defective wark done Or materials famished by the Seller. Acwptanee or use of goods by the Purchaser shall nor in use of any accident, domfclion ar injury to the wark and/or mounds before Seller's final completion and constitute a waiver ofany claim under this wmmny. Except as Otherwise provided in this purchase order, the Sellers acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials liability hadmnder shall Ground ho all damages pmaimatcly caused by the breach ofany of the f rm oing wafmntics and yuipment are Furnished by urban far installation or auction by the Seller, the Seller shall accivt, i nlood. err guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY store and handle same at the site and became responsible therefor as though such materials and/or equipment OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. were hang famished by the Seller under the other. d. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change aMer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the lams, other than legal terms, including additions to or deletions from the qualities originally ordered in the specifications or drawing, by verbal or written change order. If any such change affect the amount due or the time ofperformance hocrinda, an equitable adjumment shall be made. 6. TERMINATIONS. The Rorchaxr may at any firer, by written change order, terminate this agreement as to any or all potions of the goods then not shipped, subject to any vendable adjustment between the Parties as to any wok or materials then in progress provided that the Purchaser shall no be liable flat any claims for anticipated profits on the uncompleted portion ofthe goods andlar work, for incidental of eansequrntial damages and that no such adjustment be made in favor ofthe Seller with rasped to crygoods which are the Sellers standard smek. No such termination shall relieve the Pu¢hascr or the Seller ofany oftbeir Obli,dabas as to any grads delivered M1ermnder 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assdted within thirty (30) day, from the data the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wemants that all grads sold hereunder shall have hen produced, sold, delivered and f ished in short oediduc with all applicable laws and regulation, a which the goods arc subject. The Seller shall execute and deliver much documents as may be remained to of cos or evidence compliance. All laws and mplations required to be, incoponled in egreeme rs of this character am hereby international herein by this rcMeure. The Seller agrees to indemnify and hold the Praha er helmlers from all costs and damages suffered by the Purchaser as a remit of the Sell. fail. to cal with such law. 9. ASSIGNMENT. Neither Only shall assign, man.fer, or convey this trader, or any monies due or to become due hereunder addition the poor written consent ofthe other parry. Ill. TITLE. no Seller warrants full, clear and contaminated title to the Purchaser for all equipment materials, and items furnished in parlsommunce or this agreement free and clear or any and all liens, restrictions. reservations, Immunity interest cnwmbancm and claims mfolhem. ,. , .. .i.-.. 18. INSURANCE The Seller shall, at his own captive, provide for the payment of walkers compensation, including Occupational disease bentfits, to its employees employed on of in connection with the work ravened by Ibis purchase order, and/or to their dopendents In accordance with the laws ofthe state in which the work is to be done. The Seller shall also mny comprehensive general liability including, but not limited to, andractual and automobile public liability Inman., with bodily injury and death limits of at team S300,000 (or any one Perron, S600,001) for any .at <cident end popery damage limit per accident of S400,000. The Seller shall likewise namr3-his ontraders, if any, to pravidt an such mmpcnutlon and insurance. Berme any ofthe Sellers or his Contractors employem shall do any work upon the premises Motters, the Stier shall furnish the Prirchmer with a candidate that such compensation and mamanw have been provided. Such Certificates shall specify the date when such <omprnntion and insurance have been provided. Such Candidates shall specify the date when such wmpensdion and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after due entire walk is —Flood and as m,md. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby anumes the entire responsibility and liability for any end all damage, ins, or injury of any kind nature whatsoever to persons or popery Gamed by or. -III,, from the C.Cad n ofth work provided far in this purchase aMer or in connection herewNh. The Seller will indemnify and hold harmless the PureM1asur and any m all of the Pu¢haacrs officers, agents and employees from and against any and all claims, losses, damages. Charges Or expense, whether direct or indirect and whether to persons or property to which the Fumhader may be pm or subject by mumn of any act. .,firm, neglect, omission or dMarilt oa the pan Of the Scllcr, any of his Contractors, or any of the Sellers or canradors officers, agents or employees. In Cam any suit or other Proceedings shall be brought against he Purchases, in its offili agents err employees at any time an account or by commit of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their nmc m..,ants or employees as afirm.M. the Seller hardly agrees m m anno the defense thereof and to d,fcnd the aloe at the Sellers own expense, to pay any and all costs, charges, attorneys f and other expenses, any and all judgman s that may be incurred by a obtained against the Purchase or any of its or their offctes, agents or employees in such suits Or Ober pmeccdings, and in use judgment or other lien be placed upon at Counted against the property of the Purchaser, or said parties in or as a result of such suits or other pmcecding, the Seller will at once cause the s.me 10 to, dissolved end dischmged by giving bond or mhenvisc. no Seller and his contractors shall take all mfcy precautions, famish and install all guards necessary fro the prevention of accident, comply with all laws and negotiators with regard to safety including, but without limitation, the Ouupational Safety and Health Act of 1970 and all rates and regulations issued pa marat donator Revised 0312010 _,. .... err n. ...