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HomeMy WebLinkAbout495713 SOURCE OFFICE PRODUCTS - PURCHASE ORDER - 9117245Fort Collins Date: 12106/2011 Vendor: 495713 SOURCE OFFICE PRODUCTS 712 PARLIAMENT CT FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number I Page 9117245 tote This number must appear on all invoices, packing slips and labels. Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS Colorado 80524-2 Delivery Date: 12/06/2011 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price Furniture -Chairs for Remodel 1 LOT LS 98,313.09 Per Bid# 7308, Bid Group 1 using approved substitutions for Item Codes S-9, S-10, S-12, S-14 and S-15 (all Office Master); and Item Code S-13 (Integra). City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 ,313.09 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifieate of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance of the Isms and conditions henof, fail urc or delay to Internal Rcvcnuc, 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 crept of a breach, the acceptance of or payment for good hereunder or approval ofthe 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 deemed 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 receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies us to anv such goods, regardless instructions from the Ciry of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and mndi fi cation or rescission of this purchase order by the Purchaser operate as a waiver of anv of the terms Inspection. GOODS arc 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 pan of the City of Fort Collins. However, it is to he understood that FINAL Seiler and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon complain ofall applicable required inspection procedures. violations arc in fact home by the Parchasm. Theretofore. for good cause and as consideration for executing this purchase order, the Seiler 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 Fun Collins, 700 Wood St. Fun Collins, CO 80522, unless acquired under fcdceal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified an this order. If permission is given to prepay freight and charge sepnmtcly, the original freight purchased or acquired by the Purchaser pursuant 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 manufacturers have distributing points in various pans of the country. shipment is If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice what 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 performed by the most expeditious means available to it, and the Seller shall pay all costs assoeiatcd with such work. Permits. Seller shall procure at sellers sole cost all nmcsmry. permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality, mritmy or political subdivision where the work is performed, 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 harmlem fmm 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 requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona title and posscsa full and complete authority to bird said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the harms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or inmrpomted herein by reference. Any additional or different terms 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 arrive on your premised delivery date as noted, Time is of the emence. Delivery and perform ucc 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 of partial late deliveries. shall operate as a waiver of this prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of dclnys due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acts of God, acts ofcivil or military authorities, governmental priorities, fires. strikes, Bond, epidemics, ants 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 delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. i. WARRANTY. The Seller warrants 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 perforated with the highest degree of cam and competence 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 staffer or incur on account of the Scllcrs breach of warranty. The Scllcr shall repluce, repair or make good, without cost to 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 terms ofany applicable wamnty pmvidcd by the Seller after the date of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of hhc foregoing ream miss or guarantees, but such liability shall in no event include loss ofpmfits 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 terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications tar drawings, by verbnl or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goads then not shipped, subject to any equitable adjustment between 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 ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purehascr or the Seller ofany of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All lays and regulations requited to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser 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 hemanda without the prior writrcn consent of the other parry. 10. TITLE. The Sellerwomnts full, clear and unrestricted 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 of others, The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature resulting from the pefomance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, affect, and employees ofsuch party. The Sella's contractual 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 Purehascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by later. 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 connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by mason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or any pan thereof or the intended use of the gaaLs, is in such suit held to constitute infringement and the ass of said equipment or pan is enjoined. the Seller shall, at its own expense and at its option, citha procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but anninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. 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 he canceled by the Purchnscr without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation of the agreement and the rights ofall panics hereunder shall be consumed under and governed by the Imes ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder. including the savicos ofSellers Repo sentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's 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 Seller's own cxpcnsc and to the satisfaction of the Purehascr. When materials and equipment are furnished by others 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 materials and/or equipment were being furnished by the Seller under the order. I R. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in 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 any comprehensive general liability including. but not limited to. contractual and automobile public liability ino m ee with bodily injury and death limits of at (cast S300,000 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 any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the pre a of others, the Seller shall furnish the Purehascr with a ccnificmc that such compensation and insurance have been provided. Such catificates shall specify the date when such compensation and insurance havc been prided. Such certificates shall specify the date what 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 Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe 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 fmm and against any and all claims, losses, damages. charges or expenses, whether direct or indirect. and whether to persons m 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 Scllcr, any of his contractors, or any of the Sellers or contractors ofTecrs, agents at employees. In case any suit or other Proceedings shall be brought against the Purchaser, or its oRcem 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 contractors or any of its or their officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers man expense. to pay any and all costs, charges, attorneys Ica 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 case judgment or other lien be placed upon or obtained against the property of the Purchaser. .,,said panics in or as a result of inch suits or other proceedings. the Seller will at once cease the same to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety precautions. furnish 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