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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 3212118PURCHASE ORDER PO Number Page City Of 3212118 ' of z `t Collins oll` I n C This number must appear �7 on all invoices, packing slips and labels. Date: 01118/2012 Vendor: 102552 C S U CASHIER'S OFFICE 6015 CAMPUS DELIVERY 118 LORY STUDENT CENTER FORT COLLINS Colorado 80523-6015 Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS Colorado 80524-2 Delivery Date: 01/18/2012 Z Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS' AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDA YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND•NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description / Quantity UOM Unit Price Extended Ordered Price ANNUAL ORDER FOR 2012 / 1 LOT LS 10,000.00 ESTIMATED PURCHASES COVERS THE COST OF GOODS/SERVICES AS ORDERED/INVOICED. Total $10,000.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statate the City of Fort Collins is exempt from state and Isrcal taxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificatc of Registry 84-6000557 is registered with the Collector of Failure of the Purchascr to insist upon strict performance ofthe terms and conditions Immot failure Or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). exercise any rights ar rcmcdics pmvidcd herein or by law, failure to promptly notify the Seller in the cvem of A breach. the ncceptnnce ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due In failure to meet specifications, either when shipped or dine to defects of any of the wamntics 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 far credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercafor any of its rights or remedies as to any such goods. regardless instmctians from the City of Fart Collins. of when shipped, received or accepted. As to any prior or subsequent default hereunder, not shall any purported unit modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subect to the City of Fan 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 Howeveq it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchascr any and all claims it may now have or herea0ct Freight Terms Shipments most be F.O.H., City of Fort Collins, 700 Wood St., Fort Collins CO 80522, unless Acquired under federal or state antitmst 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 Purchascr pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where menu Gcmmrs have distributing points in carious parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defectivc 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 when Purchnwr and the Seller, and the Setter 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 expeditions means available to it. and the Seller shall pay all costs associated with such work. PrnniLs. Seller shall procure at sellers sole cast all necessary permits, cerificams and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is pttformed, 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 harmless from and against all liability and loss incurred by Ihem by reason of an asserted or established violation of any such laws regulations ordinances, roles and requirements. 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 Purchaser Order expressly limits acceptance to the tems 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 terms and conditions proposed by.seller arc objected to and hereby mjectcd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive On your promised delivery date as noted. Time is ofthe 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 of panial late deliveries, shall operate as a waiver ofthis prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option of placing this order e1w,hem 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 ofnegligence. such act of God, acts fcivil or military authorities, governmental priorities, fires, strikes, food, epidemics. wars on riots provided that notice of the conditions eaaming such delay is given to the Purchascr 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 fro the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/Or other descriptions given, will be fit for the parpows intended, and performed with the highest dcgren of ore and compeenee in accordance with accepted standard for work of A similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may soar Or incur on account of the Sellers breach of wamnty. 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 pmvidcd by the Seller after the date Of acceptance of the goods furnished hereunder (acceptance nut to be unreasonably delayed), resulting fmm imperfcct ar defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as othcmise provided in this purchase order, the Sellcrs liability hereunder shall extend to all damages pmnimatcly caused by the breach of any ofthe foregoing wamntics or guarantees, but such liability shall in no event include lass ofprofits or loss of use. NO IMPLIED WARRANTY OR MLRCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES 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. the, than legal toms, including additions to or ddctians (ram the quantities originally ordered in the specifications or dmo ings, by verbal or written change order. If any such change affects the amount due or the time ofperfomantt hereunder, an equitable adjustr scat 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 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/ear work, for incidental or consequential damages, and that no such adjustment he made in favor ofthe Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods 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 ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold, delivered and furnished in shier compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such dmamems as may be required to effect 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 fmm all costs and damages suffered by the Purchaser As a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior writu n consent ofthe other parry. 10. TITLE. The Seller wamnts full. clear and unrestricted title to the Purchascr for all equipment, materials, and items famished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrancer and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the Performance fsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ofimers and employees nfsuch Party. The Seller's contractual obligations, including wamnty, 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 Seller is required to use anv design, device, material or process covered by letter, patent, trademark or copyright, the Scllcr 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 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 intended use of the goods, is in such suit held to constitute infringement and the use of .said equipment or pan is enjoined, the Seller shall, at its wom expense and at its option. tither procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but rimonfringing equipment, or modify it so it becomes anninfringing. 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 be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions ofterms used or the interpretation nfthc agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions Apply only in cases where the Seller is to perform work httcunder, including the sevices of Sellcrs Rcprcsentative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the m me is fully completed and accepted, and shall. in case of any accident destruction or injury to the work and/or materials before Scllces final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished 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. 18. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of warkcrs 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, connactual and Automobile public liability insurance with bodily injury and death limits of eat least $300.000 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 Sellers or his contractors employees shall do any work upon the premises ofothcrs, the Scllcr shall furnish the Purchaser with a ccriieale that such compensation and insurance have been provided. Such certificates shall s(vcify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and in ace expires The Seller Agrees that such compensation and insurance shall be maintained until aver 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 of any 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 hamless the Purchaser and any or All of the Purchasers Officers, agents and employees from 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 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 or employees. In case any suit or Other pmcccdings shall be hmught Against the Purchascr, or its officers, agents or employees at any time on account or by reason of any net. action, neglect, omission or default ofthe Seller of any of his contractors or any of its or their Offiecn. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other cxperosn. any and all judgments that may be iacuncd by or obtained against the Purchascr or any of its or their offccm. agents or employees in such suits or other pmcccdings and in case judgment or other lien be placed upon or obtained against the pmpeny of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the smnc 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 rates and regulations issued pursuant thereto. Revised 03/2010