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HomeMy WebLinkAbout460394 JOHN HOWARD MOORE - PURCHASE ORDER - 9113192Fort Collins Date: 06/01/2011 Vendor: 460394 JOHN HOWARD MOORE 2126 CHANDLER ST FORT COLLINS Colorado 80528 PURCHASE ORDER PO Number Page 9113192 1°f2 his number must appear on all invoices, packing lips and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS Colorado 80521 Delivery Date: 06/01/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2011 Transformer Cabinet APP L 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:970-221-0775 Fax:970-221.6707 Email:purchasing@fcgov.com 1 LOT LS 1,970.00 Total $1,970.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By maut the City of Fort Collins is exempt form state and local tees. Our Exemption Number is I I. NONWAIVER. 99-04502. Federal Excise Tex Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon send performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Startles 1973. Chapter 39-26, 114 (a). cxerciw any rights or remedies provided herein a by law, fsihtre in promptly notify the Sella in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to fsihte in men specifications, either when shipped or duc to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are root to be replaced except upon receipt of written Isahasa to insist upon strict performance hrnmfor any of its rights or remedies as in any such goods, regardless instructions form the City of Fort Collins. of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor shall may purpmod oral modification or remission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS ire 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 Fart Collins. However, it is to be undenrood that FINAL Sella and the Purchaser recognize that in actual ecommic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspectionprocedures. violations are in fan bore by the Purchaser. Thererofore, for good tense and as consideration for executing this purchaw order, the Sella hereby assigns m the Purchaser any and all claims it may now hue a hercaRer Freight Tema. Shipments men be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under ftdcnl a state woman laws for such overcharges relating to the particular goads or services otherwise specified on this order. If permission is given in prepay fright and charge separately, the origiml freight purchased a acquired by the Purchaser perform to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mmmfacturess have distributing points in various parts of the country, shipment is If the Purchaser directs the Mid to correct nonconforming a defective goods by a time or be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Sella thereafter indicates its inability a unwillingness to comply, the Purchaser shiple mts arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pry all costs associated with such work. Permits. Sella shall procure at wiled sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and cola of the soh, municipality, territory or political subdivision where the work is pafbrmed, a required by any other duly consumed public authority having jurisdiction over the wok of vendor. Sella further agrees to bold the City of Fort Collins harmless from and against all liability and loss incurred by them by meow of an asserted or established violation of any well laws, regulations, ordinances, tales and requirements. Authorization. All parties or this contract agree that the representatives are, in fan, bona fide and possess full aid complete authority to bind mid parties. LIMITATION OF TERMS. This Purchasc Order expressly limits acceptance to the terms and conditions stated herein wt forth ate any supplementary a additional terms and conditions annexed hereto or incorporated herein by refereooe. Any additional or different terms and conditions proposed by calla ere objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you wmot make complete shipment to arrive on your promised delivery time as noted. Time is ofthe essence. Delivery and performance must be effected within the time sated on the purchase Oder and the dodursent attached hereo. No was of the Purchasers including, without limitation, acceptance of pmtial late deliveries, shall operate as a waiver of this provision. In the event of any 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 fir damages. However, the Sella shall not be liable for damages as a result of delays due to cruses no reasonably foreseeable which are beyond is reasonable control and without is fault of negligenee, well act of Gad, acts of civil a military authorities, governmental priorities, fires strikes, Rood, epidemics, wan or riot provided that notice of the conditions caring such delay is given ro the Purchaser within five (5) days of the time when the Sella fist 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 lend by reason of the delay. 3. WARRANTY. The Sclla want that all goods, articles, materials and wok covered by this order will conform with applicable drawings. specifications, samples and/or other daeriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for wok of a similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer a inner on account ofthe Sellers breach of warranty. The Sella shall rtplace, repair or make good, without cost to the purchaser, any defects a faults arising within one (1) yam a within such longer period of time as may be prescribed by law a by the terns of any applicable warranty provided by the Seiler after the time of acceptance of the goads famished hereunder (acceptance not to be unseasonably delayed), resulting form impeded or defective wok time a materials famished by the Sella. Acceptance or use of goods by the Purchaser shall no corm um, a waiver of arty claim under this warranty. Except ev otherwise provided in this purchase order, the Seller liability hereunder shall extend to all damages proximately caused by the beach of any of the foregoing warranties or guarantees, but such liability shall in an event include loss of profits a loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change to legal terns by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including addition, to a deldions from the quantities originally ordered in the specifications a drawings, by verbal a written change order. If any such change affect; the amount due a the time of pai manee haeunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase, may at any time by written change orda, terminate this agreement as to any or all portions of the goods then not shipped, subject an any equitable adjustment between the parties as to any wok a materials then in progress provided that the Purchase, shall not be liable for any clans for anticipated profits on the una mpleted portion of the goads snd/a wok, fin incidental a consequential damages, and that an well adjustment be made in favor of the Sella with respect to any goods which am the Sellers standard sock. No such termination shall relieve the Purchaser a the Sella of arty of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment man be asserted within thirty (30) days form the date the change or terrainetion is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced sold delivered and famished in strict compliance with all applicable laws and regulations m which the goads 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 chmacter are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless form all cats and damages suffered by the Purchaser as; a result of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither potty, shall assign, transfer, or convey this add. a any monies due a to become due hereunder without the prim written consent ofthe other party. 10. TITLE. The Sella wm ant full, elder and unrmsniaed title to the Purchaser 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 ofothen. The Seller shall release the Purchaser and its contraetos of any tie form all liability and claims of any wrote resulting from the performance of such work. This releae 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 Seller's contractual obligations, including warranty, shall err be deemed to be reduced, in any way, because well wok is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, devicc, material a process covered by letter, patent, trademark a copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of well patented design, device, material Or process in connection with the contract, and shall indemnify the Purchaser fins any cat, expense a damage which it may be obliged in pay by reason of such infringement at any time during the preseeutim or aft" the completion of the wok. In caw mid equipment, a any port thereof a the intended use of the goods, is in such suit held to constitute infringement and the use of mid equipment or port is enjoined, the Sella shall, at is own expense and at is option either procure for the Purchaser the right ta continue using mid equipment a parts, replace the same with substantially equal but noninfringing equipment, a modify it so it becomes noninfringing. I5. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiva or must" for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftertns used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthe Some ofColomdo, USA. The following Additional Conditions apply only in does where the Sella is to perform work hereunder, including the services of Seller Rcincumarivo sic on the premises of then. 17. SELLERS RESPONSIBILITY, The Sella shall carry on mid wok at Seller's own risk until the same is fully completed and accepted, and shall, in caw of any accident, destruction a injury to the wok and/or materials before Seller's final completion and acceptance, complete the wok at Scllces own expense and to the satisfaction of the Plethora. When materials and equipment arc famished by others for installation or erection by the Sella, the Sella shall receive, unload store end handle now at the site and become responsible therefor as though such materials and/or equipment were bring famished by the Sella under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of woken compnmtion, including occupational disease benefits, to its employees employed on a in connection with the wok covered by this purchase order, and/or to their dcp talent in accordance with the laws of the sate in which the wok is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contnaial end automobile public liability insurance with bodily injury and death limits offs least $300,000 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 arty, to provide for well compensation and insurance. Before any of the Sellers a his contractors employees shall do any wok upon the premises of others, the Sella shall famish the Purchaser with a cer ifncale that such compensation and insurance have been provided. Such certificates shell specify the time when such a mpesmtion and insurance have been provided. Such certificates shall specify the date when well compensation and insurance expires. The Sella agrees that such comp inumon and insurance shall be maintained until after the entire wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Sella hereby assumes the entire responsibility and liability frr any and all damage, loss a injury ofany kind or nature whatsrver to persons or property caused by a resulting form the execution ofthe wok pmvided 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 form and against any and all claims, losses, damages, charges or expenses, whether direct a indirect, and whether to pesons or property to which the Pumhaser may be put a subject by reason of any act, action, negica, omission or default on the par of the Sella, any of his contractors, a any of the Sellers or contractors officers, agents or employees In case any suit or other proceedings shall be brought against the Purchaser, a its offices, agents a employees at any time on account or by reason of any ad. action. neglw, omission or default of the Sella of any of his contractors or any of is or their officers, agent a employees as aforesaid. the Sella hereby agrees to assume the defense thereof and 0 defend the same at the Sellers own expense, to pay any and all toss, charges, attorneys fees and other expenses, any and all judgments that may be incurred by a obtained against the Purchaser a arty of is a their offices. agents or employees in such wits or other proceedings, and in case judgment or other lid be placed upon a obtained against the property ofthe Purchaser, or mid parties in or as a result of such suits Or other proceedings, the Sella will at onee w.c the tame in be dissolved end discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and install all gourds necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010