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HomeMy WebLinkAbout432384 BIBLIOTHECA INC - PURCHASE ORDER - 9120289City of Frt Collins Date: 01118/2012 PURCHASE ORDER Vendor: 432384 BIBLIOTHECA INC 2121 METRO CIRCLE SW HUNTSVILLE Alabama 35801-5343 PO Number Page 9120289 1 of 2 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: 01/17/2012 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Custom Book Tags Per Quote# 201220106 For Poudre River Public Library District. Quantity: 70,000 Price includes Custom Printing with logo and Shipping. Fax PO to attention of: Annette Arnold Ca) 1-877-207-3129. C3. O!l�aQ� 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 18,900.00 Total $18,900.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By ttamte the City of Fort Collins is exempt Trans state and local taxes. Our Exemption Number is 11 NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry R4.6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamta 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 ofor payment for goods hereunder or approval of the design, shall not misuse 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 hm odfor any of its rights or remedies as to any such goods, regardless instructions fmm the Cit_v 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 are subject to the City of End 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 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 fmm antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations arc 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 hereafter Freight Terms. Shipments most 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 separately, the original freight purchased oracquircd 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 Dismnce.'Whem manufacturers have distributing points in various parts of the country, shipment is If the 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 deduced front Invoice when Purchaser and the Seller, 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 pressure at sellers sole cast all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state. municipality, territory or political subdivision where the work is pMormed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller funher agrees to hold the City of Fort Collins harmless, fmm and against all liability and Inse incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, talcs and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona ride and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Pantheist, Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional tams and conditions annexed hereto or incorporated herein by reference Any additional or different terns and conditions ponrand 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 promised delivery date as noted. Time is of the cssence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached herem. 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 delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes. Rood, 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 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 Seiler warrants that all gads. 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 performed with the highest degree of care and competence in accordance with accepted standards for work of n 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 ofthe Sellers breach of waranty. The Scllcr shall replace, 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 tams ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be dmcasnnnbly delayed), resulting fount 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 ofthe foregoing wnmimtics or guarantees, but such liability shall in no event include loss ofprOfits 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. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Irma, other than legal remit, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affccs the amount due or the time of pmWrmance hcramdcr, 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 d any equitable adjustment between the panics as to any work or materials then in pmgrms 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 ofthe Seiler with respect to any goods which arc the Scllcrs standard stock. No such temiinntion shall relieve the Purchaser or the Seiler ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) drys fmm the date the change on termination is ordered. A. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold. delivered and famished in side, 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 laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamiless from all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tranafcr, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe Other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Pumhucr for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rescrcations. security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of the pan released and shall extend to the directors, n0i.. and employees of such parry. The Seller's contractual obligations, including warranty, shall not he deemed to be reduced. in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whcnevcr the Seller is required to use any design, device, material or pmcess covered by letter. patent, trademark or copyright, the Seller shall indemnify and save hamdess 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 to 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 part 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 parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes no tinfringing. 15ANSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of crcditnrs, 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 ofterms used or the interpretation ofthe agreement and the rights of all parties hmeunder shall be consumed under and governed by the lams oPthc State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to petform work hereunder. including the services of Sellers Repo sentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sclicrs own risk until the more is fully completed and accepted, and shall, n case of any accident, destruction or injury to the work and/or materials before ScRer's final completion and .acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. 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 Seiler under the order. 19. INSURANCE. The Seller 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 carry comprehensive general liability including. but not limited to, eontracbnl 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 contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall thorny work upon the premises of others, the Seller shall famish the Purchaser with a certificate 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 monomer, expires. The Seller agrees that such compensation and insuran¢ 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 natal, whatsoever to persons m pmNny canscd by or ¢salting fmm the execution ofthe work provided for in this purchase ordcror in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any or all of the Purchasers officers. agents and employees from and against any and all claims, loses, damages. charges or expenses, whether direct or indirect, and whether to persona or pmpeny to which the Pa dross, my 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 officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees many Time on account or by reason of any act action, neglect, omission or default of the Seller ofany 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 men expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgmcnts 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 ofthe 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 neccssmy 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 0312010