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HomeMy WebLinkAbout479346 QM COMPANY - PURCHASE ORDER - 9106347PURCHASE ORDER PO Number Page City of PURCHASE 9106347 ' of z ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 04/27/2011 Vendor: 479346 Ship To: OPERATIONS SERVICES QM COMPANY CITY OF FORT COLLINS PO BOX 2710 300 Laporte Avenue LOVELAND Colorado 80539 Building B FORT COLLINS Colorado 80521 Delivery Date: 12/08/2010 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 4 Addendum 1 LOT EA 500.00 Total $500.00 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcn-ns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt forma state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60005R7 is registered with the Collector of Internal Revenue. Denver, Colorado (Rcf. Colorado Revised Statutes 1977. Chapter 79-26. 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 removed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fan Collins. Inspection. GOODS arc subject to the City of End Collins inspection on arrival. 11. NONWAIVER, Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay In 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 goods hereunder or approval of the design, shall not release the Seller of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver ofany right of the purchaser to insist upon strict performance Immofor any of its rights Or remedies as to any such goods, regardless of when shipped, received or accepted. as totally prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the icons hereof. Final Acceptance. Receipt of the merchandise, services or cquipmcm in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting free, antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedurea violations are 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 now have or hereafter Freight Terms. Shipments most be F.O.H.. City of Fan Collins. 700 Wood St., Fon Collins. CO R0522, unless required under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If perrnic inn is given to ptepay (might and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing 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 cancer nonconforming or defective good by a date to be agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller. and the Seller thconf cr indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be perfomted by the most expeditious means mailable to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure al sellers sell, cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and roles 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. Seller further agrees to hold the City of Fon 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, ordinances, mles and requirements. Authoneation. All panics to this contract agree that the representatives arc, 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 terms and conditions annexed hacro or incorporated herein by reference. Any additional or different feces 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 promised delivcry 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 hacte. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of my 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 Scllcr shill not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable cannot and without its fault ofncgligence, such acts of Cod. acts ofcivil or military zvtbnolics, governmental priorities. Bros. strikes, flood, epidemics, wars or riots provided that notice of the conditions causing 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 be extended for the period equal to the time actually lost by reason ofthe delay. a, WARRANTY. The Seller warrants that all grads, 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 cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless, fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (1) year ar within such longer period of time as may be prescribed by law or by the tetras ofany applicable wamnty, pmvidcd by the Seller after the date of acceptance of the good famished haeunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofany 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 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 edjusrmenl between the panics as to any work or materials then in progress pmvidcd 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 Seller with respect to any goods which are the Scllcrs standard stock. No such mmiwtion shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is articled. R. COMPLIANCE WITH LAW. The Seller variants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good,, arc 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmlcm fmm all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies doe or to become due hereunder without the prior wrinco consent ofthc other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items finished in performance of this agreement, free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims ofothcts. The Seller shall release the Purchaser sad its contactors of any tier from all liability and claims ofany nature resulting fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, effects and employees of each party. The Scllcr., contractual obligations, including wamnty, shall not be rimmed to be reduced, in any way, because such work is petitioned or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or pmcess covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save ltartnlcss the Purchnscr fmm any and all claims for infringement by reason of the use of such patented design, device. material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or nfer the completion of the work. In case said equipment. or any part 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 tat its option, either promne for the Purchaser the right to continue using said equipment or parts, replace the same with substantially cgtml but nontnfringing equipment, or modify use it becomes naninfringmg, 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, 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 be canceled by the Purchasenvithout liability. 16. GOVERNING LAW. The definitinns ofteons used or the interpretation O(Ihe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Celomde. USA. The following Additional Conditions apply only in eases where the Seller is to perform work hcrcunder, including the service of Scllcrs Rcpreventative(s), on the premiss of nthcm. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on mid work at Seller's own risk until the same is fully completed and accepted, and shall, in ease of any accident. destruction or injury In the work and/or materials before Sellers final completion and acceptance. complete the work at Seller'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 receive, unload, store and handle same 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 Seller shall, at his own expense, pmvidc forthe payment of warkcrs compensation, including occupational disease benefits, 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 gencml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury, and death limits of at least S300J00 for any one Persian. S500,a(10 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 premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Stich ecntfwtes shall specify the date when such compensation and insuremec have been pmvidcd. Stich certificates shall specify the date when such compensation 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 maim responsibility and liability for any and all damage. loss or injury ofany kind or nature svhntsmver to protons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith, The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees from and aganst any and all claims. losses, damages. charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchnscr may be pill or subject by reason of any act, action, neglect on ission or default on the pan of the Seller, any of his contractors. or any of the Seller,, or contractors officers, agents or employees. In ease any snit or other pmccedings shall be brought against the Purchnscr, or it officers, agents or employees nt any time on account or by reason of any act action, neglect Omission or defnall of the Seller Of any of his contractors or any of its or their amccm, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees tend other expenses, any and all judgments that may be incanted by or obtained against the Purchnscr or any of its or their officers, ,agents or employees in such suits or other proceedings, and in case judgment or other [ten be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other pm¢cdings the Seller will at once cause the same to be dissolved and diseh aged by giving bond or olhenvise. 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 roles and regulations issued pursuant thereto. Revised 03/2010