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HomeMy WebLinkAbout106941 SYLVAN DALE GUEST RANCH - PURCHASE ORDER - 9112351PURCHASE ORDER PO Number Page City Of 9112351 1011 Fort Collins This number must appear on all invoices, packing slips and labels. Date: 04/27/2011 Vendor: 106941 SYLVAN DALE GUEST RANCH 2939 N COUNTY RD 31D LOVELAND Colorado 80538-9763 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 04/26/2011 Buyer: ED BONNETTE Note: FEBRUARY 7-11, 2011. Line Description Quantity Ordered UOM Unit Price Extended Price Fire Prevention Bureau Conf. 1 LOT LS 8,900.00 2 Fire Prevention Bureau Conf. 1 LOT LS 661.50 3 Fire Prevention Bureau Conf. 1 LOT LS 2,460.50 4 Fire Prevention Bureau Conf. 1 LOT LS 445.00 5 Fire Prevention Bureau Conf. 1 LOT LS 300.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of 9112351 2 of 3 ' `t Collins n C This number must appear ` J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price s Fire Prevention Bureau Conf. 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 LS 970.00 Total $13,737.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Ccnificate of Registry 54-6000597 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 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 rcmmed to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon .strict performance of the terms and conditions hcrcof, 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 ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be dmmcd a waiver of any right of the purchaser to insist upon .strict performance hcreofor any ofits rights or mmcdics As to any such goods. regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder. nor shall any purported om1 modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hers.!. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic pnctice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereaficr Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 70r) Wood Se. Fort Collins. CO 90522, unless acquired under federal car state Aruitrusl Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately. the original freight pnrehased or acquired by the Purchascr pursuant to this purchase order. bill mutt accompany invoice. Additional charges for puking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the contest distribution point to destination, and czars freight will be deducted from Invoice when Purchascr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made term greater distance, may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs assadmcd with such work. Permits. Seller shall pmmrrc at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, 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. Seiler further agrees to hold the City of Fort Collins harmless farm and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations. ordinances, rules 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 parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tears and conditions proposed by seller am 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 most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purehascrs including, withmu limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable mmcdics. the option ofplacing this order clxcwhcre 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 arc beyond its reasonable control and without its fault of negligence. such acts of God, acts refired or military authorities, governmental priorities, fires, strikes. Flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pumhascr 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 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 conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed 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 Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good, 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 warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acecpmnee not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constimte a waiver of any claim under this warranty. 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 terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by vial 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 incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any goods which am the Sellers standard stock. 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 asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all galls sold hereunder shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods arc subject. The Scllcr shall execute and deliver such documents its 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 from all costs and damages suffered by the Purchascr as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmnsfcq or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchascr 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 ofathers. The Seller shall release the Purchascr and its contractors of any tier from all liability and claims of any nature resulting from the performance efsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Scllcr's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or farces, covered by letter. patent. trademark or copyright, the Seller shall indemnify and save hamdess the Purchawr firm any and all claims for infringement . by reason of the use of such patented design. do ice. material or process in connection with the contract, and shall indemnify the Purchascr for any cost. expense or damage which it may be obliged to pay by reason ofsueh 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 goods, 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 procure for the Purchascr the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment. or mndify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions efterms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represcandive(s). on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller .shall carry on said work at Seller's man risk until the same is fully 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 at Scllcr's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall mcciec, unload, store and handle more at the site And become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. IS. INSURANCE The Scllcr shall, at his own expense, provide for the payment of workers compensation, including o¢upmioml disease bencbts, to its employees employed on or in connection with the work covered by this purchase 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 automobile public liability insurance with bodily injury and death limits of at ham S300.000 for any one Perron. S500,000 for any one accident and property damage limit per accident of S400,f11y0. 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 premises of others, the Seller shall famish the Purchascr with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall spccify the date when such compensation and insumnx, have been provided. Such certificates shall spccify the date when such cumpensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respensibility, and liability her any and all damage, loss or injury ofany kind or nature whatsoever to persons or pmperty ceased be err resetting room the execution of the work pmvidcd for in this purchase order no in connection hermyith. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasers officers, agents and employees from and against 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, emission or default on the part of the Scllcr, any of his contractors, or any of the Scllcrs or contractors oRcers, agents or employees. In case any suit or other proceedings shall be brought against the Purchascr, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, emission or default of the Seller of any of his contractors or any of its or their officers, agents or employees its aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges. attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchascr or any of its or their effects, agents or employees in such suits or other proceedings, And in case judgment or other lien be placed upon or obtained Against the property ofthc Purchaser, or 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 Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all miss and regulations issued pursuant therein. Revised 0312010