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HomeMy WebLinkAbout122851 ROBERT OTTERMANN - PURCHASE ORDER - 9112876 (2)PURCHASE ORDER 911287er Page PO City Of 112876 t of 2 `t Collins I ns This number must appear on all invoices, packing slips and labels. Date: 05/1912011 Vendor: 122851 ROBERT OTTERMANN 1512 BUTTONWOOD DR FORT COLLINS Colorado 80525-1918 Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS Colorado 80521 Delivery Date: 05/19/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price I PIANO TUNING PIANO PROJECT Cam, c3. oil � U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 4,650.00 Total 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. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes.Our Exemption Number is 98-f14502. Federal Excise Tax Exemption Certificate of Registry 84-WM587 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 .chipped or doe to defects of damage in transit, may be returned to you for credit and arc 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. Future of the Purchaser to insist upon strict performance of the terms and conditions hereof. 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 aamatics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance herenfor any of its rights or remedies os to any such goods, regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any puronmed oral modification or rescission of this purchase oner by the Purchaser operate as a omsver of any of the terms hereof. Final Acceptance Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLA EMS. 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 from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in Get home by the Purchaser. Theretofore, for good cause and as considen[ion 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 must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pcmmission is given to prepay freight 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. PURCI IASERS 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 nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments am made fmm greaser distance. may cause the work to he 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 lases. regulations. ordinances and miss of the state, municipality, territory or political subdivision where the work is performed. or required by any other duly constitmed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. odes and requirements. Authorisation. All parties to this contract agree that the representatives am, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expmxxly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms 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 promised 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 Purchasers including, without limitation, acceptance of panial late delivma, 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 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 reasonable control and without its fault ofnegligence. such acts of God, acts ofcivil or military authorities, govemmenml priorities fires, strikes, food, epidemics, wars or nots 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 crony 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 wamnts that all goods, articles, materials and work covered by this order rill conform with applicable drawings, specifications samples and/or other daeriptions given, will be fit for the pagmxes 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 puchaxr, 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 Set let after the date of acceptance of the goods fumishod hereunder (acceptance not to be unreasonably delayed). resulting from informer or defective stork done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute 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 wa rant ics or guamntea, but .such liability shall in no event include Inca of profits or loss of use. NO IMPLIED WAR R ANTY 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. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms including additions to or deletions front the quantities originally ordcmd in the specifications or drawings. by verbal or written change order. If nay such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Puchascr 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 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 ne such adjustment he 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 accrued within thirty (30) days from the date the change or termination is ordcred. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have boon produced sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good, are subject. The Seller shall execute and deliver such documents as may be required to eflcet or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnifv and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such lase. 9. ASSIGNMENT. Neither party 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. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, naterials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations security interest encumbrances and claims ofialmo. The Seller shall release the Purchaser and it contractors of any tier firm all liability and claims of any nature resulting from the performance of such work. This mlea a shall apply even in the event of fault of negligence of the piny released and shall extend to the directors, officers and employees ofsuch party. The Sellcr's contractual obligations, including warranty, shall not be deemed to be reduced. in any way. because such work is performed or caused to be performed 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 indemnify and save harmless the Purchaser firm any and all claims for infringement by reason of the use of such patented design, device, material or visit 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 orsuch 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 slid equipment or 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 pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes mainfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or mature 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 ofthe agmemcnl and the rights ofall panics hereunder shall be continued order and govcmcd by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform stork hereunder, including the services of Sellers Rcpresentativc(.$), on the premises ofothem. 17. SELLERS RESPONSIBILITY. The Scllcr shall tarry ran said work it Scllcrs men risk until the same is fully completed and accepted, and shall, in case of anv accident, destruction or injury to the work and/or materials before Seller's final eompld ion and acceptance, complete the work at Seller's own expense and to the .satisfaction of the Purchaser. When materials and equipment arc finished by other 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. 19. INSURANCE. The Seller shall, at his men expense. proride 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 Imes of the state in which the work is to be done. The Stiller 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 least S100.01)0 for any one person. S500.000 for any one accident and Property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any. to pmvidc for .such conmpensaion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance hive been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such eenifcates shall specify the date when such compensation and insurance expires. The Scllcr ages that such compensation and insurance shall be maintained nntil after the entire work is completed and accepted. 19. PROT17CTION AGAINST ACCIDENTS AND DAMAGES. The Seller ccrchy assumes the entire responsibility and liability for any and all damage, loss or injury ofanv kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold taintless the Purchaser and any or nil 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 he pot or subject by reason of any net, action, neglect ounission or default on the pan of the Seller. any of his contractors, or any of the Sellers or contractors effects. agents or employees. In care any suit Or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at 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 their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the .ante at the Sellers men expense, In pay any and .11 costs, charges attorneys fees and other expenses, any and all judgements tlml may be incurred 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 lien be placed upon or obtained again,[ the progeny of the Purchaser, or_,aid Panics in or as a result of such suits or other proceedings, the Seller will at once snore immune to be dissolved and discharged by giving bond or otherwise. The Seller and his eontmct.rs shall take all safety prcemdions, furnish and instill all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010