HomeMy WebLinkAbout478327 ALL ABOUT WINDOWS & DESIGN LLC - PURCHASE ORDER - 9112888PURCHASE ORDER PO Number Page
City OfCollins
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`t Coll` I ns This number must appear
on all invoices, packing
slips and labels.
Date: 05120/2011
Vendor: 478327
Ship To:
OPERATIONS SERVICES
ALL ABOUT WINDOWS & DESIGN LLC
CITY OF FORT COLLINS
3611 YAUPON PLACE
300 Laporte Avenue
LOVELAND Colorado 80538
Building B
FORT COLLINS Colorado 80521
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Delivery Date: 0
/20/2011
Buyer:
JAMES HUME
N ote:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
Furnish & install 10 operable
1 LOT
LS
6,212.00
roller shades at the CIC Room at City Hall
as per Estimate by Jonnie Westerop at "All
about Windows & Design Inc." for the total
installed cost of $6212.00.
Total
$6,212.00
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 11, 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 Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of End Collins is exempt firm state and local tours. Our Exemption Number is 11. NON WAIVER.
99-04502, Federal Excise Tax Exemption Cadricate of Registry 94-0000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any provided or remedies pvidcd herein or by law, failure to promptly notify the Seller in the event Of a
broach, the acceptance of.r payment for goods hereunder or approval 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 dermal a waiver of any right Of the
damage in transit, may be returned to you for credit and are not to he replaced except upon receipt of written purchaser to insist upon strict performance hercof or any of it%rights or ¢medics ns to any such goods, reganlless
instructions fmm the City of Fort Collins. of when sbippcd, received or accepted, as to any prior or smbscip cut default hereunder, nor shall any purported
final modification or rescission of this pmchasc order by the Purchnscr operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof.
Final Acceptance Receipt of the merchandise, services or equipment in respoase to this aide, 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 from antitrust
ACCEPTANCE is dependent upon -completion ofall applicable required inspection picadores. 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 now have or hereafter
Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 701) Wood Sr. Fort Collins, CO 50522. unless acquired under federal or state antitrust 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 parsnnnt to this purchase order.
hill must accompany invoice Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE"OF SELLERS OBLIGATIONS,
Shipment Distance. Where manufuemmrs have distributing points in various parts 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 nearest distribution point to destination, and excess (might will be deducted fmm Invoice when Purchaser and the Sella, and the Seller thereafter indicates its innhility m umvillingness to comply, the Purchaser
shipments arc made from greater distnnec. may cause the work to be performed by the most expeditious means availnhle to it, and the Scllcr shall pay all
casts associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable Imes, regulations, ordinances and Mies of the state, municipality, territory or political subdivision where
the work is pafomrd, 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 from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and na uircencnl.
Authorization. All parties 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 terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated harm by
reference. Any additional or different terms and conditions proposal by seller 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 paf.moanec 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 event crony delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option nfplacing this order elsewhere
and holding the Sella 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 of negligence.
such acts of God, acts of civil or military authorities, governmental prod tics, foes, strikes, food. 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 dcl ivory shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller war ants 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 cam and compdenee 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 defeats or faults arising within one (1) year or within such longer period of
time may be prescribed by law or by the terms of any applicable ssamnty provided by the Seller after the date of
acceptance of the goods burnished hereunder (acceptance not to be unreasonably delayed), resulting firm impalcect
or defective work done or materials famished by the Seller. Acceptance Tor use of gads by the Purchaser shall not
constitute a waiver of any claim under this wamnty. Except as Othcnwi.w provided in this purchase order, the Sellers
lishil ity hereunder .shall extend to all damages proximately caused by the breach of any of the forigning wamm its
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 "limit change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms. other than legal terns, including additions to or deletions From
the quantities originally ordered in the specifications or drwings, by verhal or wrinem change order. If any such
change affects the amount due or the time ofperfomiance hereunder, an equitable adjustmcnt.shall be made.
fi. TERMINATIONS.
The Purchaser may at any time by written change order, trminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable toloctmcnt bctwxen 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 eousegaential 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
One Purchaser or the Seller crony of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must he asserted within thirty (30) days fmm the date the change or temrination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants 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 nod
deliver such documents as maybe 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 hamrless from all costs and damages suffered by the Purchaser as a result of the
Scllcrs failure to comply with such have.
9. ASSIGNMENT.
Neither party shall assign. To islet. or convey this order, or any monies due or to become due hereunder without Ibe
prior written consent of the other parry.
10. TITLE.
The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
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 fmm all liability and claims of any nature
resulting from the performance crouch work.
This release shall apply even in Ibe event of fault of negligence of the party released and shall extend in the
directors, officers and employees of such party.
The Seller's contractor] obligations, including warm, my, shall not be dermal to be reduced, in any way, because
such work is perforated or caned to be perfumed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, dev10r, materinl Or process covered by letter. patent, trndemark
or copyright, the Seller shall indemnify and save hornless the Purchaser farm any and all dainrs 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 far any cost. expense or damage which it may be obliged to pay by reason of such
infringement at any lime during the prosecution or after the completion of the work. In case said equipment. or
any part therenf or the intended use of the goods. is in such suit held to constitute infringement and the use Of
said equipment or part is enjoined. life 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 sobstami,illy equal but
noniniringing equipment, or mndify it so it becomes noniniringing.
15ANSOLVENCY.
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
Pnrchascr without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rights of nil parties hereunder shall be
crammed under and governed by the laws ofthc State of Colorado. USA.
The following Additional Conditions apply only in cases where the Seller is to perform ,cork hereunder,
including the services of Sellers Reprcsentative(s), on the premises ofnthe,s.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work al Seller', own risk until the same is fully completed and accepted, and shall,
in ease of any accident destruction or injury to the work and/or materials before Scllcr's final complo ion and
necdnnnce, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment arc furnished by .,hers 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 mmaials and/or equipment
were being furnished by the Seller under the nndcr.
I S. INSURANCE.
The Seller shall, at his men expense, provide for the payment of workers compensation, including occutiminnd
disease benefits, to its employees employed oa Or in connection with the work covered by this purchase Order,
and/or to their dependents in accordance with the lases of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited in. contractual and automobile Public
liability insurance with bodily injury and death limits of at least S30i for any one person, S500,000 for any
one accident and property damage limit per accident of S400,000. The Scllcr shall likewise require his
contractors, if any. to provide for such compemmion and insurance. Before any of the Sellers or his contractors
employees shall do any work upon ,he, premises of others, the Seller shall (hrnish the Purchaser with a certificate
that such compensation and insurance have been pmvidcd. Such anificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify ,he date when such compasmian
and insurance expires. The Seller agrees that such compensation anti insurance shall be mainmincd 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 whatsoever 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 Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and agninst any and all claims, losses, damages,
charges or expanses, whether direct or indirect. and whether to persons or property to which the Purchaser may
be put or subject by reason citify net, action, neglect. omission or default on ,he, part of ,he, Seller, any of his
contractors, err any of the Sellers or contractors Officers, agents or employees In case Too, 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 orbit contractors or any Of its or
their officers. agents or employees as afore mid, the Seller hereby agrees to assume the defense ,hereof mud to
defend the same at the Sellers own expense, to pay any and all casts, charges. attorneys fees and other cspenms.
any and all judgments that may be uncured by or obtained against the Purchnscr or any of its or their officers.
,agents or employers in such suits or other proceedings, and in case judgment or other lien be placed upon or
ebtninnl against the property oflhc Purchnscr, or said panics in m as a result rf such suite or mha proceedings,
the Seller will it once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, furnish and install all guards necessary for the prcvcvliOn 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 0312010