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HomeMy WebLinkAbout187791 SKIPS CARPET SERVICE INC - PURCHASE ORDER - 9115610 (2)Fort Collins Date: 11/01/2011 Vendor: 187791 SKIPS CARPET SERVICE INC 5816 PRONTO WAY LOVELAND Colorado 80538 PURCHASE ORDER PO Number Page 9115610 1°f2 jThis number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 09/26/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum for night work 2. oi'l..:stes� 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 EA Total Invoice Address: 2,300.00 300.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms 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. NONWAI VF.R. 99-01502. Fa ml Excise Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of Failure of the Purchnser 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 rights or remedies provided herein or by law, failure to promptly notify the Seller in the cwcat of a breach, the acceptance of or 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, tither when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be doomed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon rcecipt of written purchaser to insist upon strict performance hacoforany of its rights or remedies as to any such goods. regardless instructions from the City of Fmt Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. not shall any purported oral modification or rescission of this purchaw order by the Purchaser operate as r aaiver of any of the tams In pcction. GOODS am subject to the City of Fort Collins inspection an arrival. hereof. Final Acceptance. Receipt of the mcrehandisc. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLA I MS. authorized payment on the part 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 procedures. violations arc in fact home by the Pumhawr. 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, 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 pcnmission is given to prepay freight and charge separately, the original freight purchased reacquired by the Purchaser purauant to this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCUASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe 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 freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be perfsmed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Pemirs. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the suite, municipality, territory or political subdivision what the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vend.,. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asaenal or established violation of any such laws, regulations, ordinances. mles and requirements. Authorization. All panics to this concoct agree that the representatives are, in fan, bona ride and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different lams and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active an your premised delivery date as noted. Time is of the essence. Delivery and pafrmnance must be effected within the time stated on the purchase order and the documents allached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event ofany 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 for damages. However, the Sellershall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and mithout its fault ot'negligence. such acts.f God, acts ofeivil or military authorities, governmental prior ics, fires, strikes. Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe 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 to the time actually lost by maxon of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order mill conform with applicable drawing, specifications, samples and/or other descriptions given, will be ❑t for the purposes 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 hamless 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 defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the toms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect m detective work done at materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately crowd by the breach of any of the foregoing wamntics or gumontccs, but such liability shall in no event include low ofpmfits or loss ofuse. 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 terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or u'ntren change order. If any such change affects 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 as to any or all portions of the grads then not shipped, subject to any equitable adjustment berwcca 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 no such adjustment be made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such termination ,shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assencd within chitty, (30) days fmm the date the change or termination is official. g. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold delivered and furnished in strict compliance with all applicable laws and regulations to which the goods 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 character are hereby incorporated heroin by this reference. The Seller agrees to indemnify and hold the Purchawr harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 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 party. 10. TITLE. The Sella warmers full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement. rime and clear of any and all liens, restrictions. newmations, security interest encumbrances and claims of others. 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 release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The Seller', contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is perfumed or caused to be perforated by the Purchaser. 14. PATENTS. R'hencvct the Seller is required to use any design, device, material or process cm cred by letter, patent, trademark or copyright, the Seller shall indemnify and save ham less the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, de, ce, material or process in connection with the contact and shall indemnify the Purchaser for any cost, expense or 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 caw said equipment, or any pan thereof or the intended use of the goods, is in such suit held to consul Life infringement and the use of said equipment or pan 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 snow with substantially equal but nnninfringing equipment, or modify it so it becomes toniefringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmstcc for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions aftemts used m the interpretation ofthe agreement and the rights of all parties hereunder shall be consumed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to pafom work hereunder. including the wrvias of Scllcrs Reprewntative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sellashall carry on said work at Seller's own nsk until the mmc is fully completed and accepted. and shall, in case of any accident, destruction or injury to the work and/or materials before Sclla's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or creation by the Seller. the Seller shall receive, unload. store end handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seiler under the order. IS. INSURANCE. The Seiler shall, at his own expense, provide for the payment of workers conpensntion, including occupational disease hawfim to its employees employed on or is connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of at (cast S300,000 for any one person. 5500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contactors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises ofmhera, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such catlficatcs shall specify the date what such compcnmtion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aficr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchy rssumcs the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property crowed by or resulting fmm the execution of the work provided for in this purchase order or in connection hacmith. The Seller will indemnify and hold humlesa the Purchaser and any or all of the Purchasers officers, agents and employees fmm 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 be put or subject by mason of any act. action, neglect, omission or default on the pan of the Seller, any M his contractors, 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 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 contactors or any of its or their officers, agents or employees as ofammid, the Seiler hereby agrees to assume the defense thereof and to defend the mmc of the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. ,agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained ng,ainst the property of the Purchaser, or said panics in or as a result of such suits or other proceedings. the Seller 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, famish and install all guards necessary for the prevention 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 mles and regulations issued pursuant thereto. Revised 03/2010