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HomeMy WebLinkAbout492194 MCMURALS INC - PURCHASE ORDER - 9115271Fort Collins Date: 09/13/2011 Vendor: 492194 MCMURALS INC 223 N MELDRUM FORT COLLINS Colorado 80521 PURCHASE ORDER PO Number Page 9115271 1of2 This number must appear on all invoices, packing slips and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS Colorado 80521 Delivery Date: 09/12/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 APP Transformer Cabinet 2011 c3. oit..:9esz 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 1 LOT LS 2,585.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522.0580 Purchase Ctrder Terns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVEP 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60MS87 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tarns and conditions hereof, failum or delay in Internal Rev... Denver, Colorado (Ref. Colorado Revised Samoa 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failum m Promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due in failum to men apaifrcatiom, either what 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 namiL may be rourned to you for credit and are not in be replaced except upon receipt of written Purchaser to insist upon strict performance hereufor my of its rights or remedies as in any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or mbsequcm default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchasd operate as a waiver of any of the tams Inspection. GOODS are subject m the City of Fart Collins inspection on arrival, herrnf Final Acapmnce. Receipt of the merchandise, services a equipnrcnt 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 Seller and the Purchaser mcwgnize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completioo of all applicable required inspection procedures. violations are in fad home by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigm to the Purchaser any and all claims it may nosv, have or lu eager Freight Terns. Shipments must be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins, CO 80522, unless acquired under federal m state antitrust laws for such overcharges relating to the particular goods or servier odwswise specified on this order. If permission is given in prepay freight and charge separately, the original freight purchased or acquired by the Pumhasm pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will no be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mamfmmrers have distributing points in various pars of the country, shipment is If the Purchaser directs the Seller m carmd oommnforming m defective goods by a date m be aVmd upon by the expected from the n semat distribution point to destination, and excess freight will be deducted form Invoice when Purchased and the Seller, and the Sella thereafter indicates is inability or unwillingness to comply, the Purchaser shipments arc made ftom greater distance. may cause the work to be performed by the most expeditious meats available to it, and the Sella shall pay all suss associated with such work. Permits. Sella shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws rcgulatiom, ordinances and rules of the stare, municipality, territory m 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 in hold the City of Fort Collins harmless form and against all liability and loss incurred by them by talon of an asserted or established violation of any such laws, regulations, ordinances, tales and requirements. Authoneation. All parties to this com mad agree that the representatives are. in fad, bona Ede and possess full and complete authority in bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tarns and conditions stated herein sin forth and any supplementary m additional terms and conditions annexed hereto or incorporated herein by reference. Any additional m different terns and conditions proposed 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 doe as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No ads 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 Purchased shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damagm. However, the Sella shall nor be liable for damages in a result of delays due to causes not reasonably foreseeable which am beyond its masomble control and without its fault of negligence, such ads of God, acts of civil or military authorities, govemmmml priorities, fires, strikes, Hood, epidemics, wars of riots provided that notice of the conditions causing mch delay is given to the Purchaser within five (5) days of the time when the Sell. 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 memo ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles materials and work covered by this order will conform with applicable drawings, specifications, mmpla and/or other descriptions given. will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Sella agates ro hold the purchased harmless from any tom, damage or expense which the Purchaser may suffer or incur on accoum ofthe Sellers breach of eeammty. The Sella shall replace, repair or make good, without cost of the purchaser, arty 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 my applicable warrmry, provided by the Sello after the doe of acceptance of the goads furnished hereunder (acceptance not to be unamsmrubly delayed), resulting form imperfect a defective work done or materials famished by the Sella. Acceptance or use of goads by the Purchaser shall nor constitute a waiver of arty claim undo this warranty. Except as otherwise provided in this purchase order. the Sellers liability hacundar shall extend to all damages proximately mused by the breach of arty of the foregoing warranties or guamind s, but such liability shall in no event include kiss 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 written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make arty changes in the toms, other than legal terms, including additions in or deletions form the quamitim originally ordered in the specifications art drawings by verbal or written change order. If any such change affects the amount due m the time of pert nni ma hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, tennimre this agreement as to any or all portions of the goods than rat shipped, subject in any equitable adjustment between the parties as to any work m materials than in programs provided that the Purchasa shall no be liable for airy claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental m consequential damages, and that an such adjustment be made in favor of the Sella with respect m any goods which am the Sellers standard stack. No such termination shall relieve the Purchaser or the Sella ofany of their obligations as to my goads delivered hereundd. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustmct must be asserted within thirty (30) days form the doe the change or lamination is 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hrnvtder shall have been produced sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such documents as may be requited to effect or evidcmc compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all toms and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncitha parry shall assign, transfa, m convey this order. or any monies due or to become due hereunder without the prior written consent ofthe ofha party. 10. TITLE. The Seller warrants full, clear and umattided title to the Purchaser for all equipment, materiels, and items furnished in perfer mmce of this agreement. Bee and clear of any and all liars, restrictions, rcservetiom, security interest eommbnnca and claims of orhers. The Sella shall release the Purchaser and its contractors of any tier form all liability and claims of any nature resulting form the performance of such work. This release shall apply ever in the event of fault of negligence of the party mleamd and shall extend to the directors, officers and employees of such parry. The Sellers conformal obligations, including warranty, shall not be deemed m be reduced. in any way, because such work is performed or caused to be performed by the Purdessa. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by letter, parent, trademark or copyright, the Sella shall indemnify and save bootless the Purchasd from any and all claims for infringement by reason of the use of such patented design, device, material m process in connection with the contend, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by memo 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 such suit held to constitute infringement and the use of mid equipment or par is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using mid equipment or pars, replace the more with substantially equal but nooinfringing equipment, or modify it m it becomes noninfringing. 15. INSOLVENCY. If the Sell. shall become insolvent or bmkmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellcn property of business, this order may forthwith be canceled by the Pumhasa without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Condition apply only in cases where the Sella is to perform work hereunder. including the services of Sellers Rclumm utive(s), on the promises of others. 17. SELLERS RESPONSIBILITY. The Sella shall tarty on mid work at Scllefs own risk until the same is fully completed and accepted, and shall, in cam of any accident, destruction or injury ro the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and in the satisfaction of the Purchaser. When materials and equipment are furnished by other for installation or erstion by the Sella, the Sella shall receive, unload store and hurdle same at the site end become responsible therefor as though such materials and/or equipment were being furnished by the Sella under the odd. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of worker campe ratios. including occupational disease benefits, to is employers employed on or in contraction with the work covered by this purchase order, and/or to their depend" in accordance with the laws of the smut in which the work is to be done. The Sella shall also carry conprehansive general liability including, but net limited M. commcnul and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for my one person 5500.000 for airy one accident and property damage limit pa accident of 5400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the selks or his contractors employees shall do any work upon the premises of odcns, the Scll, shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenifcoes shall specify the date when such compensation and insurance have been provided. Such ccrificata shall specify the date when such cmnpenmtion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is co mplcmd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the antim responsibility and liability for any and all damage, loss or injury of nary kind or more whascever to persons m property caused by re resulting from the exertion ofthe work provided for in this purchase ode or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any or all of the Purchasers offices, agents and employer Boom and against any and all claims losses, damages, charge or expenses, whether direct or indirect, and whether to persons or properly to which the Purchaser may be put or subject by reason of any act, adios, neglect, omission m default on the prat of the Sell,, any of his contractors, or any of the Sellers or contractors oRcers, agents or employees. In case any suitor other proceedings shall be brought against the Purchase, or its officers, agents, employees afany 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 is or their officers, agent or employees as aforcmid. the Sella hereby agora to assume the defmse thereof and to defend the same at the Sellers own expense, in pay any and all toss, charges, attorneys fee and other expenses any and all judgment; that may be incurred by m obtained against the Pumhaser or any of its or their officers, agents or employees in such suits or other proccedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchase, or mid parties in or m a msult of such suits or other proceedings, the Seller will at once cause the same in be dissolved and discharged by giving bond or otherwise. The Sella and his contradoo shall take all safety precautions, famish and install all gourds necessary fine the prevention of accidents comply with all laws and regulations with regard to mfety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all rules and regulations issued pursuant the at. Revised 03/2010