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HomeMy WebLinkAbout103914 FEDEX KINKO'S OFFICE AND PRINT CENTER - PURCHASE ORDER - 3212183PURCHASE ORDER PO Number Page City Of3212183 ' of z 6rt Collins This number must appear on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 103914 Ship To: WATER UTILITIES FEDEX KINKO'S OFFICE AND PRINT CENTER CITY OF FORT COLLINS DBA KINKO'S 700 WOOD ST 130 W OLIVE ST FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80524-2832 Delivery Date: 01/20/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2012 Blanket Order 1 LOT LS 6,000.00 Utilities 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 Total Invoice Address: $6,000.00 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 Eon Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1971 Chapter 39 s_6, 114 ve. Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be rctamed to you for credit and are not to be replaced except upmu rcccipt of written iametions from the City of Eon Collins. Inspection. GOODS arc subject to the City of Fen Collins inspection infinitival. 11. NONWAIVER. Failure of fl, Purchaser to insist upon strict performance of the harms and conditions hereof, failure far delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the cwent of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shill not be deemed a waiver of any right ofthe purchaser to insist upon strict performance hereafer any of its rights or remedies as to any such goods, regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purp aced oral modification or rescission of this purchase order by the Purchnscr operate as a waiver of any of the terms hmcof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OP ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to he understand that FINAL Seller and the Purchnscr recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmeethures. violations arc in fact borne 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'mv have or hereafier Freight Terms. Shipments most be F.O.B., City of Eon Collins, 700 Wood St.. Eon Collins. CO 80522. unless required under fedeml or state antitrust lass far such overcharges ,daring to the particular good, or services otherwise specified oa this aide,. If pemtissinn 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 he accepted. 11. PURCHASrRS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Whcm manufacturers have distributing points in various pans of the country, shipment is If the Purchnscr directs the Seller to correct nonconforming or defectine goods 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 Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipment, arc made from greater distance. may cause the work to be performed by the most expeditious means mailable to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall pmcurc at sellers sole cost all nacssary permits, ccnificatcs and licenses required by all applicable laws, regulations, ordinances and talcs of the state, municipality, territory or political euhd{viSion where the work is performed, or required by any other duly constituted public authority hnvingjurisdiction user the work of vendor. Scllcr farther agrees to hold the City of Eon Collins harmless from and against all liability and Ins, incurred by them by reason of an asserted or established violation of any such laws, regulatimu, ondinances, rules and requirements. Authorization. All parties to this conrnct agree that the representatives are. in fact. been ride mud possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the hems and condition., stated herein set forth and any supplementary or additional rents and conditions annexed hereto or incorporated herein by reference. Any additional or different temw and conditions proposed by seller are nbjcxhTd In and herchy 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 ofthe essence. Delivery and performance must be effeeed within the time stated on the purchase order and the documents attached hereto. No act, of the Purchasers including, with re, limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal red equitable remedies, the option of,ibring this order elsewhere mad holding the Seller liable for damage,. However. the Seller shall not he liable for damages as a result of delays due In causes not reasonably foreseeable which are beyond its reasonable careful and without its fault of negligence, such act, of Gad, acts oFci,il or military authorities, governmental priorities, fires, strikes. Rood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchnscr within rive (5) days ofthe time when the Seller first received knowledge thereof. In the event of any such delay. the date of delivery shall be cxrendcd for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gad, articles, material, and work cievi, edd by this oiler will conferee with applicable dmsvings, specifications. Samples and/or other descriptions given, will be fit for the purrwse, intended, and performed 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 Puchaser may suffer or incur on account of the Scllcrs breach of warenty. The Sellershall replace, repair or make good, without cat to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Inv or by the terms efuny applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of gmd, by the Purchaser shall not constitute a waiver crafty claim under this warranty. Execpt as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, but Such liability shall in no event include loss ofpmfits or loss effuse. NO IMPLIED WARRANTY OR MERCHANTABILITY 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 tams, other than legal terms, 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 affects the amount due or the time of pefomnncc hereunder, an equitable adjusment shall be once, fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all fervors of the goods then not shipped, subject to any equitable adjustment hcwvicen the panics us to any wank on mmeorls then in progress provided that the Purchaser shall net be liable for any claims for anticip acd 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 Seller with respect to any goods which arc the Sellers standard Stock. No such wereention 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 most be Peocncd within thim (30) days from the date the change or tcmination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamuts 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 are Subject. The Seller shall execute and deliver such documents a 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 Purchnscr hamlcc from all costs and damage., suffered by the Rirchaser its a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, many monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchucr friend equipment, materials and items furnished in performance of this agreement, fire, and clear of any and all lien,, restrictions reservations. Security interest eoeumbmnces and claims ofothers. The Seller Shall release the Purchaser, and its contractors of Pity tier from all liability and claims of any failure resulting from the performance ofsech work. This releaw shall apply even in the event of finds of negligence of the puny released and shall extend to the directors, officers and employee, ofsuch parry. The Setter's con".cuml obligations, including warranty. shall not be deemed to be retuced. in any way, because such work is performed or caused to be performed by the Purchnscr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever. patent, trademark or copyright, the Seller shall indemnify and Save hamlcss 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 contact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the persecution or a0cr the completion of the week. In case said equipment or any part thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said cquipnent or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right In continue using said egnipownt or pans, replace the same with substantially equal but noninfringing equipment, or Tandy it so it becomes noninfringing. 15. INSOLVENCY, If the Scllcr shall become insolvent or bankrupt, make an nssignmcnt for the benefit of creditors appoint a receiver or trustee for any of the Sellers propertyor business, this order may forthwith he canceled by the Purchnscr without liability. Ib. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed tinder and governed by the laws of the State of Colorado. USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Repe,sentative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller 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 Seller's final completion and acceptance, complete the work it Seller's own expense and to the satisfaction of the Purchase, 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 wad become responsible therefore its though such materials Prover equipment were bring furnished by the Seller under the order. 18. INSURANCE. The Seller Shall, at his on expense, provide for the payment of wnrkem compeasation, including occupational disease, berefrts, to its employees employed on or in connection with the work catered 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 In, contractual and antomobile public liability insurance with hardily injury and death line's of rat her" S300. 00 for any one person. $500.000 fee any one accident and property damage limit Per accident of S400,000. The Seller shall likewise require his contractors, it any. to provide for such compensation and insmm�ec. Before any of the Sellers or his contractors cnpinycc, uhall do any work on. the prernises ofethers, the Seller shall famish the Purchaser with a cenificntc that such compensation and insurance have been provided. Such ccnifieatcs shall specify the date when such compensalion and insurance have hece provided Such ccnificntcs shnl Lspecify the date when such compensation and insurance expires. The Scllcr agree, that such compensation and inswnnee shall he mPineiacd until a er the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchy nssuures the entire responsibility and liability for any and all damage, loss or injury' of une kind Sir 'Pone whensoever to persons or property caused by or resulting from the cncution ofthe work provided far in this purchase under or in connection hercoith. The Seller will indemnify and hold harmless the Pumhaucr and any or all of the Purchasers officers, agents and employees from and against any and art 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 proceedings shall be brought against the Purchaser, or its officers, 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, agent, er employees as aforesaid, the Seller hereby agrees to assume the defense thereof Pod to defend the Same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any wad all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers.. agents or employees in such Suits or other proceeding,, and in ease judgment or other lien be placed upon or obtained again,, the property of the Purchaser, or said parties in or as a result of such suits or other prmeedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller Pad his contactors shall take all safety precautions, rumish 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 0312010