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HomeMy WebLinkAbout129729 EXODUS MOVING & STORAGE INC - PURCHASE ORDER - 9112448PO PURCHASE ORDER 911244er Page City OfCollins ��� 9112448 1 of 2 `t Coll I ns This number must appear ` ` J on all invoices, packing slips and labels. Date: 04/28/2011 Vendor: 129729 EXODUS MOVING & STORAGE INC 1730 E PROSPECT RD SUITE 102 FORT COLLINS Colorado 80525 Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS Colorado 80521 Delivery Date: 04/28/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price i PIANO PROJECT MOVING BID 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 5,200.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City Of Fon Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94.6000597 is registered with the Collector of Failure ofthe Purchaser to insist neon strict performance of the terms and conditions hereof. failure Or ddny to Internal Revenue. Denver. Colorado (RcE Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or rcmedics provided hcrcin or he law. failure to promptly notify the Seller in the event of n breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or duc to defects of any Of the wommics or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit. may be renamed to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or 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 hereunder. nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. 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 practice, overcharges resulting fmm antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedurcs, violations arc in fact borne by the Purchase,, Theretofore, for good cause and as consideration for executing this purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it may now have or herca0cr Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Wood St., pas Collins, CO 90522, unless acquired under federal or state antitmst laws 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 purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for pasking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pares 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 from the neatest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller therca0cr indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller .shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and role, of the state. municipality. territory or political subdivision where the work is performed, or requited by any other duly constituted public authority having jurisdiction over the work of vendor. Scllcr further agrees to hold the City of Fort Cnlins harmless Farm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, miss and requirements. Authorization. All panics to this contract agree that the representatives arc. 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 terms and conditions stated herein set forth and any supplementary or additional terra and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by sdlcr are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised 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 ofpanial late deliveries, shall operate as a waiver of This provision. In the cvem ofany delay, the Purchaser 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 reasonably foreseeable which are beyond its masonable control and without its fault ofacgligcrec. such acts of God, acts ofeivil or militaryauthorities. governmental primities, rims. 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 cxtmded for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wamnts that all goods, asides, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the putposes intended, and performed with the highest degree of cart 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 Sellers breach of warm my. The Seller shall replace, rcprir or nmkc good. without cost to the purchaser, tiny defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Imo or by the terms ofany applicable warranty provided by the Seller nOcr the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front 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 Sellers liability hereunder shall extend to all damages prosinmtely caused by the breach ofany ofthe foregoing wamnlies or guarantees. but such liability shall in no event include Inns of prafss or loss ofus,. 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 ofperformance hercundcr, 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 panics as to any work or materials then in pmgrec provided that the Purchaser shall not be liable for any claims for anticipated pmOts on the uncompleted portion ofthe 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 arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of Iheir 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 mmrination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereundershall have been produced, sold, delivered and Famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to dTcot 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 harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, trnsfcr, or convey this order, or any monies due or to become due hereunder without the prior written consent f the other patty. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the P.mhascr 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. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warmnty, 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 process covered by letter, patent. trademark or copyright, the Seller shall indcnmify and save ham the Purchaser from 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 be obliged to pay by reason of such infringement at any time during the prosecution or ancr the completion of the work. In ease 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 Purchaser the right to continue using said equipment or parts, replace the same with substantially equal bat noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, rppnial a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all panics hereunder shall be construed ander and govcmcd by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases whcrc the Seller is to perform work hereunder. including the services ofSellers Rcpresentrovc(s), on the premises ofolhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. destroctirn or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When material,, 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 its though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE, The Seller shall, at his own expea,e, provide for the payment of workers 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 general liability including. bat not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300.000 for any one person. 5500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likmwise require his contractors, ifany, to provide for such compensation and in ante. Before any ofthe Sellers or his contractors employees shall do any work open the premises of others. the Scllcr shall famish the Purchaser with a cenifictm that such compensation and insurance have been provided. Such renificate, shall s,,city the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The SCIICr 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 responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work proo idled 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 against any and all claims. losses. damages. charges or expenses, whether direct or indirect. and whether to persons Or property in which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In ease any suit or other poceMings shall be brought against the Purchaser, or its officers, agents or employees at any tint, on account or by reason of any 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 to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charge,, anomcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRu:crs, agents or employee, in such suits or other proceedings. and in ass judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics 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 lams and regulations with regard to safety including. but without limitation. the Occupational Safety and Health Act of 1970 and all toles and regulations issued parsnant thereto. Revised 03/20I0