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HomeMy WebLinkAbout478327 ALL ABOUT WINDOWS & DESIGN LLC - PURCHASE ORDER - 9115237City of PURCHASE O Frt Collins Date: 09/12/2011 Vendor: 478327 Ship ALL ABOUT WINDOWS & DESIGN LLC 3611 YAUPON PLACE LOVELAND Colorado 80538 ER PO Number Page 9115237 1of2 his number must appear on all invoices, packing sll s and labels. OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 09/12/2011 1 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Provide Screen Shades for 1 L.OT LS 21,848.00 City Hall 105 windows in City Hall per the estimate dated 08/01/2011 and highlighted drawings. 105 shades, Hunter Douglas 3%4400, Pebblestone Color. estimate provides all labor and material to provide 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:970-221-0775 Fax:970-221-0707 Email:purchasing@fogov.com Total $21 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 suture the City of Fort Collins is exempt from state and local toes. Our Exemption Number is 11. NONWAIVER. 99-04302. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stria performance of the terms and conditions hens[ failure m delay to Intemdl Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1913. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein a by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofat payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to frdure 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 any right of the damage in tremit. may be rerumed to you for credit and are rem 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 instnctiom from the City of Fort Collins. of when shipped, received or accepted, as or any prior or subsequent default hereunder, sear shall any purposed coal modification or mwission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fos Collier inspection on arrival. haeaf. Final Acceptance. Receipt of the merchandise, services m 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 Sella and the Purchaser mougnixe that in actual economic practice, overcharges resulting from amitnsd ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are 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 hacaRer Freight Terms. Shipments must be F.O.B., City of Fos Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or store antitrust laws for such overcharges relating ro the particular goods m services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchma pursuant to this purchme order. bill most accompany invoice. Additional charges for packing will net be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipman Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the expected form 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 or unwillingness to comply, the Purchaser shipments are 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 cots associated with such work. Permits. Seller shall procure at sellers sole cost all necessary pconim certificates and licenser required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duty constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless hoer and against all liability and loss incurred by than by season of an asserted or established violation of arty such laws, regulations, ordinances, mum and requirements. Authorisation. 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 Patches, 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 basin by reference. Any addifional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive on your premised delivery data 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 aces of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of arty delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Sella shall net 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 of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions casing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal an the time actually lost by remon of the delay. 3. WARRANTY. The Sella warrants that all goedx, cuticles, 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 name. The Seller egrets to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the S,Ilers breach of warranty. The Sella shall replace, repair or make good, without cost ro the purchaser, 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 tarts of any applicable wasranry provided by the Sella after the date of acceptance of the goads Furnished hereunder (acceptance not to be unecasonably delayed), resulting form impaled or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall nor constitute a waiver of any claim under this watoanty. Except m otherwise provided in this purchase order, the Sc11em liability haennda shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gmmmees but such liability shall in no event include loss of pmfits 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications ar drawings, by verbal or written change atria. If any such change affecm the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m to any or all portions of the goods then nor shipped, subject to any equitable adjusnvem between the patio as to any work or materials then in progress provided that the Purchaser shall net be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work. for incidental a consequential damages, and that no such adjustment be made in favor of the Seller with respect as any grads which arc the Sellers standard stock No such termination shall relieve the Purchaser or the Sella 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. 8. COMPLIANCE WITH LAW, The Sella wananm 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 goods an 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 Sella agrees to indemnify and bold the Purchaser harmless form all cram and damages suffered by the Purchaser as a result of the Sellers failure an comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, of convey this order, or my monies due or to become due ha Banda without the prior written consent of the other party. 10. TITLE. The Sella wattanm full, clear and unrestricted title to the Patch. for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrance end claims ofothan. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This relemc shall apply even in the event of fault of negligence of the party relented and shall extend to the directors, offices and employees of such party. The Sellers command 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 lever, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in damnation with the contract, and shall indemnify the Purchaser for any emL expense m damage which it may be obliged to, pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in each suit held to constitute infringement and the ape of said equipment or part is enjoined, the Sella shall, at its own expense and at its option, either pasture for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent a bankrupt, make an assignment for the bcncft of creditors, appoint a maiva or trustee for any of the Sellers property or busimem, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of n71m used or the interpretation Olds: agncn cart and the rights ofall parties hereunder shall be construed under and governed by the laws of the Sore of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder. including the services of Sellers RcIrma mative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and ro the satisfaction of the Pumhasa. When materials and equipment arc famished by others for installation or erection by the Seller, the Sella shall receive, trained, store and handle same at the site and become responsible therefor as though each materials and/or equipment were being furnished by the Sella under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation including occupational disease benefits, to its employees employed on m in causation with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contrnctusl and amomobilc public liability insurance with bodily injury and death limits of at least S300,000 for arty one person, S500.000 for airy one accident and property damage limit per accident of S400,000. The Sella 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 Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the doe when such compensation and insurance expires. The Seller 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 Sella hereby aseamm the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whamocver to persons or property caused by or resulting from the execufien of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any or all of the Purchasers oRcers. agent and employees from and against any and all claims, losses, damages, charges or expcnsm, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Sella, any of his conractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents a employees at any time on account or by reason of any act, action, neglect. omission or default of the Sella of any of his contractors or any of its m their officers, agents or employees as aforesaid the Sella hereby agrees to assume the defense thereof and In defend the same at the Sellers own expense, an pay any and all costs, charges, ammeys fees and Other expenses, any and all judgments that may be incurred by a obtained against the Purchaser or any of its or their oReers, agents m employees in such suits or Other proceeding, and in case judgment or ether lien be pied upon Or obtained against the property of the Purchaser, m amid parties in m as a result of such suits or other proceeding, the Sell. 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, furnish and install all guards necessary for the prevention of accidents, empty with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010