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HomeMy WebLinkAbout122851 ROBERT OTTERMANN - PURCHASE ORDER - 9112876PURCHASE ORDER PO Number Page City Of///��� 9112876 1 of z `t Collins ns This number must appear " 1on all invoices, packing slips and labels. Date: 12/08/2011 Vendor: 122851 Ship To: LINCOLN CENTER ROBERT OTTERMANN CITY OF FORT COLLINS 1512 BUTTONWOOD DR 417 W MAGNOLIA FORT COLLINS Colorado 80525-1918 FORT COLLINS Colorado 80521 Delivery Date: 05/19/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 PIANO TUNING 1 LOT EA 7,025.00 Change Order No. 1 Total $7,025.00 U 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 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 1. COMMERCIAL DETAILS. Tax exemptions. By some the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchn er to insist upon smet performance ofthe terms and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (get. Colorado Revised Statutes 1973. Chapter 39 26, 114 (a). exercise any rights or rcmcdics provided herein or by law, failure to promptly notify the Seller in the event of a branch, the acceptance ofor payment for goods 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 am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies a., to any such grads. regardless instructions fmm the City of Fort 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 purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on turned. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in msporwe 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 be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall 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 hcrceficr Freight Terms. Shipment% 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 permission is given to prepay freight and charge sepamtcle, the original freight purchased or acquired by the Pumhamr pursuant to this purchase order. bill must accompany invoice. Additional charges for parking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct noncnnfo raing or defective gala by a date to be agreed upon by the expected fmm the neatest distribution point to destitution, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments am made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall pmeum at sellers sole cost all necessary permits, certificates and licenses required by all applicable law:a, regulations, ordinances and rule, of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Fort Collins harmless from 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. Authoozation. 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 Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different tents 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 date as noted. Time is ofthc essence. Delivery and performance 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 ofpartial late deliveries, shall option, as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option ofplacing this order clsewhem and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a insult of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God. act, of civil or military authorities, governmental priorities fims, strikes, flood, epidemics, wars 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 theme[ In the event of any such delay, the date of delivery shall be extended for the period equal to the time acnully lost by reason of the delay. 3. 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 he fit for the purposes intended. and performed with the highest degree of care and cumiamuca in accordance with accepted standards for work of a similar nature. The Scllcr agrccs to hold the purchaser harmless fmm any loss damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach ofwamanty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects er faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the temtc of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm 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 warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of parties or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHA NG ES I N LEGA L TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COM M ERCIA I. TERMS. The Purchaser may make any changes to the tents, other than legal terms, including additions to or deletions fmm the quart itics orfgi no] ly ordered in the speei nieations or drawings, by verbal or written 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 goods 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 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 tiny good which are the Sellers standard stock. No such trummation shall relieve the Purchaser or the Seiler ofany of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordacd. S. COMPLIANCE WITH LAW. The Seller w...is that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such document, as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference The Seller agrees to indemnify and hold the purchaser harmless fmm all costs and damages sulTemil by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. Monier, or convey this order, or any monies due or to became due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants 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 Pamhaser and its contractors of any tier fmm 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 party released and shall extend to the dircmors. officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because Such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the SCller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Scllcr shnll indemnify and save hmmlcns 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 tiny cost, expense or damage which it may be obliged to pay by reason ofsuch 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 goods, is in such suit held to constitute infringement and the use of said equipment or part 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 same with substantially equal but anninfringing equipment, or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors. appoint a mcciver or tmsec for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of acrat used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmed under and governed by the laws of the State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the service, of Scllcrs Repmsentative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry unsaid work at Seller's own risk until the same is fully completed and accepted, and shall, in casc of any accident, dcxtructinn or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment ore famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same nl the site and become responsible themfor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his man 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 Imes of the state in which the work is to be done The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bMily injury and death limits of.at least S300,000 for any one person. $500.000 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 Sellers or his contractors employees shall do nay work upon the premises ofolhers, the Seller shall famish the Purchaser with a certificate that such cormcusmion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date 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 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 fmm the execution ofthe work provided for in this purchase orderer in connection herewith. The Seller will indemnify and hold homeless the Purchaser and any Or all of the Purchasers officers, agents and employees from and against env 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 reason of any act, action, neglect, omission or default on the part ofthe Seller, any of his contractors. or any of the Scllcrs or contractors oficem. agents or employees. In case any suit or other pmceodings shall be brought against the Purchaser, or its officers, agents or employees at any lime on account or by reason of any act, action, neglect. omission or default of the Seiler of any of his contractors or any of its or their officers. agents or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend the same at the Sellers man expense, to pay any and all costs, charges, amomcvs fees and other cxpcmcs, 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 snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Seiler will at once cause thematic to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necasmy 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 rules and regulations issued pursuant thereto. Revised 03/2010