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HomeMy WebLinkAbout102590 FRONT RANGE RAYNOR DOOR CO INC - PURCHASE ORDER - 9120118PURCHASE ORDER PO Number Page City Of 9120118 ' of z ' `t Collins This number must appear =,` on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 102590 FRONT RANGE RAYNOR DOOR CO INC PO BOX 270746 FORT COLLINS Colorado 80527-0746 Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket order to cover the cost of miscellaneous labor/materials for fiscal year 2012. All services shall be ordered by City Facilities department only. All completed services must be accompanied by an invoice or job ticket including contact person and site location. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 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 Total Invoice Address: 7,000.00 $7 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 statute the City of Tom Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-(W502. Federal Excise Tax Exemption Conifcate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist npnn strict perfomurec ofthe 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 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 to failure to meet specifications, either when shipped or due to defects of any of the warmnties 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 hereofor any of its rights or remedies as to any such grad, regardless instructions from the City effort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser opemrc as a waiver of any 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. ASSIGN M ENT OF ANTITRUST CLA I M S. authorized payment on the pan of the City of Fen 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 Purchaser. Thcrctofore, 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., Too Collins, CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must 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 parts of the country, shipment is If the Purchascrdirects the Seller to correct nonconforming or defective grad 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 are made from greater distance. muv 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 procure at sellers sole cost all necessary permits, eonifictics and licenses required by all applicable laws, regulations, ordinances and rules 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, Seller further agrees to hold the City of Fon 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 rcquiremcns. Authorization. All panics to this contract agree that the representatives are, in fact bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order exprec ly limits acceptance to the tems and conditions stated herein set forth and any supplemennry er additional terms and conditions annexed hereto or hempen red herein by reference. Any additional or 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 scar premised delivery date 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 acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event ofnny delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplucing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages is a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, governmental priorities, 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 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 of the delay. 3. WARRANTY. The Seller warrants that all good. articles, materials and work covered by this osier 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 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 suffer or incur on account of the Sellers breach of uamnty. The Scllcr shall replace, repair or mnke 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 terns crony applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unrcasonahly 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 waranty. Except as mhcmisc provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wormatics or guarantees, but Such liability shall in no event include loss ofpmfits of loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal Icons 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 err drawings. by vcrbnl 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 good then not shipped, subject to any equitable adjustment berroven 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 Seller with respect to any grads which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of fl cir 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. g. COMPLIANCE WITH LAW. The Seller 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 eft or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc 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 comics due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials and items furnished in performance of this agreement, free and clear of any and all liens. restrictions, msercations, security interest encumbrances sad claims of others. The Set ter shall release the Pumhascr and it 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 party released and shall extend to the directors. officers and employees of such parry. The Sellers conmennal obligations, including wamnty. 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 letter, patent tradcmad: or copyright, the Seller shall indemnify and save hamdcss the Purchaser from any and all claims for infringement by mason 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 In 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 pan thereof or the itreated use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall, at its own expense and at its option, either possum for the Purchaser the right to continue using said equipment of pans, replace the same with substantially equal but noninfringing equipment, or modify it So it becomes noniafringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankmpt, 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 be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of toms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfnmm work hereunder. including the services of Sellcrs Representative(s), on the itemises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Setter'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 Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Scllcr shall receive, unload. store end handle tame at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed no 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 carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bodily 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 ofthe Sellcrs or his contractors employees shall clarity work upon the premises ofolhcrs, the Seller shall famish the Purchaser with a cenifieatc 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 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 ofnny kind or nature whatsoever to petwns or peopeny 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 oRcem. agents and employe.. from and against any and all claims, losses. damages. charges or expenses, whether direct or indirect, and whether to pawns or property to which the Purchaser may be put or subject by reason of any act, action. neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents of employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oficers, 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 effects, agents or employees as aforesaid, the Set let hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense. to pay any and ail costs, charges, attnmeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of is 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 pmperty of the Purchaser, or said parties in Or as a MSult of such suits or other proccedings, the Seller will at once cause the same to be dissolved sad discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. famish and install all guard 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 cola and regulations issued pursuant thereto. Revised 03/2010