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HomeMy WebLinkAbout117101 VISION GRAPHICS INC - PURCHASE ORDER - 9112650PURCHASE ORDER PO Number Page City Of 9112650 ' of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 05/10/2011 Vendor: 117101 Ship To: TRANSPORTATION PLANNING & VISION GRAPHICS INC 281 NORTH COLLEGE 5610 BOEING DR FORT COLLLINS Colorado 80524 LOVELAND Colorado 80538 Delivery Date: 05/10/2011 Buyer: DAVID CAREY Note: Line Description Quantity Ordered UOM Unit Price Extended Price Printing of 2011 "Ride"Catalog 1 LOT LS 6,361.68 for FC Bikes Program Specifications and Price per Invoice # 50012 dated 04/15/11. 5,000 delivered to Rocky Mountain Publishing 7,000 delivered to City of Fort Collins - David Kemp 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 Total $6.361.68 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxer. Our Exemption Number is 11 NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-600T587 is registered with The Collector of Folum of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to mt Internal Revenue. Denver, Colorado (Ref. Colorado Revised Sp es 1973. Chapter 39-26. 1 Id (a). cscrcise any rights or remedies pmvided herein or by law. failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder oroppmval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of anv right of the damage in transit, may be returned to you for credit and are not to be replaced except upon mccipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instruction, fmm the City of For, Collins. of when shipped, received Or accepted, as to any prior or subscgacat defanh hereunder, nor shall any purposed am] modification or rescission of this purchase order by the Purchascr operate as a waiver of any of the tern.. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hercof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASS IG NM ENT OF A NTITRUST CLA I NIS. 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 aerial economic practice, 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 esemning 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.B., City of Fort Collins, 700 Wood St. Fort Collins, CO R0522, unless acquired under federal or state antitrust lases for such overcharges relating In The particular grads 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 Purchascr pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLTGAT'IONS. Shipment Distance, Where manufacturers have distributing point% 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 fire expected from the nearest distribution point to destination. and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seller Ihereffler indicates its inability or tam, illinguess to comply, the Parchnser shipments arc made From greater distance. may cause the work To be performed by the most expeditions means available to it. and The Seller shall pay all crisis associated with such work. Permits. Seller shall Immune at sellers sole cost all necessary permits. certificates and licenses required by ill applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perforated, 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 minor and against all liability and loss incurred by them by reason of in asserted or established violation of any such laws, regulations, ordinances, ndes and rcgniremcnts. Authorization. All ponies 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 terms and conditions annexed hereto or incorporated herein by reference. Any additional car different terms and conditions proposed by seller ore 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 acmce. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance efpartial late deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchascr shall have, in addition to other legal and equitable remedies, the option ofpl.cing this order On,bere and holding the Seiler liable for damages Howrveq the Seller shall not be liable for damages as a resull 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 efeivil or military authorities, governmental priorities, rims, strikes. Brad, epidemics. wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) dfrys 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 Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any dcfacts or faults arising within one (1) year or within such longer period of time is may be prescribed by Iry or by the terms of any applicable warri pmvided by the Seller after the dare of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from intperfcel or defective work done or materials famished 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 prosirmcly caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits or loss Tiffin. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal hams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the term, 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 pefnrmanee 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 good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress pmvided 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 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 must be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants 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 hapless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Irv. 9. ASSIGNMENT. Neither potty shall assign, transfer, or convey this order, or any monies due or to become due hereunder without The prior written consent of the other parry. 10. TIT I.E. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. materials, and items fumishetl in performance of this agreement fare and clear of any and all liens mtrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of nny Tier from nit liability and claims of any nature resulting from the performance of such work. This rcleun shall apply even in the event of fault of negligence of the party released and shall extend In the dirccturs, oRecrs and employees of such parry. The Sellces contractual obligations, including warranty, shall not be deemed to be reduced, in any way, beexosc such work is performed or caused to be perforated by the Purchascr. 14. PATENTS. Whenever the Seller is required to unary design, device, material or prrtees envered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form 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 Pmehaser for any cost expense m damage which it may be obliged to pay by reason nfsuch 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 nr part 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 but anninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee for tiny of the Set iers property or business. this order may too hoa nit be canceled by The Purchaser v,about liability. 16. GOVERNING LAW. The definitions oficrnrs used or the interpretation of the agreement and the rights of all panics hereunder shall be contained under and governed by the Imes of the State of Colcmdo. USA. The following Additional Conditions apply only in cases where the Seller is to per eral work hereunder. including the.%cnices of Sellers Representxtive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shill carry on said work at Seller's own risk until the smoc is fully completed mad accepted, and shall. in can of.ray accident. demmetion or injury to the work and/or materials before Sellcr'x final completion and icceptame, complete the .work at Seller', mvn cxpcnsc and to the satisfaction of the Purchaser. Whco materials and equipment are furnished by others for installation or erection by the Seller. the Seiler shall receive, unload, store and handle .same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including occapotlnnal 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, but not limited to, commenml and a toombile public lability insurance with bodily injury and death limit, of at Iex,t S300.000 for any one person. S500.000 for any one accident and pmperty, 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 Scllcr sboll furnish the Purchaser with a ccrtific oc that such compensation and insurance have been pmvided. Such certificates shall .specify the date when such compensation and insurance have been provided. Such certificates shall specify the dine when such compensation and insurance expires The Scllcr 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 of any kind or nature whatsmver to persons or property caused by or resulting front the execution of the work provided for in This purchase order or in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any or all of the Pumhasers officers. agents and employees Form and against any and all claims, losses, damagee charges or expenses. Whether direct or indirect. and whether to Persons or property to which the Purchascr may he put or subject by reason of any act. action. neglect, omission or default on the part of the Seller. any of his contractors, or any of the Sellers or contractors olficem, agents or employees. In case any sail or other Proceedings shall be bmught against the Purchase,, tar its officers, agents or employees nt any time 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 thcii officers, agents or enployces as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some it the Sellers own expense, to pay any and all costs charges, momcys fes and other expenses, ,any and all judgments that may be incurred by or obtained against the Purchascr or any of its or their officers, agents or employees in such suits or other proceedings, and in cite judgment or other lien be placed upon or nbtnined against the property of the Purchaser. or said parties in or as a result of such suit or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or othenwin. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the preveraina of accidents, comply with all laws and regulations with regard to safety including, but villain limitation, the Occupational Safcly and Health Act of 1970 and all odes and regulations is ucd pursuant thcrcto. Revised 03/2010 EPLS Search Results � Page lof 1 Search Results Excluded By Firm, Entity, or Vessel : Vision Graphics State: COLORADO as of 16-May-2011 4:56 PM EDT Your search returned no results. https://www.epls.gov/epls/search.do?Ul_name=Vision+Graphics&status=current&state=... 5/ I6/20l I