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HomeMy WebLinkAbout129790 THE FEET INC - PURCHASE ORDER - 9111022City of F6rt COttIt1S Date: 01/23/2012 Vendor: 129790 THE FEET, INC 622 SHERRY DR, UNIT C FORT COLLINS Colorado 80524 PURCHASE ORDER PO Number Page 9111022 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLL-INS 300 Laporte Avenue/ Building B FORT COLLINS Colorado 80521 Delivery Date: 02/15/2011 Buyer: JAMES HUME Note: / Line Description Quantity UOM Unit Price Extended ,Ordered Price 3 Addendum / 1 LOT EA 5,174.01 Invoice 6322 j Hi, Can you add $7,059.64 to PO#9111023 Inv#6323,7'The Feet Can you add a credit line of-$112.42 to PO#911,1023 Inv#6308--the Feet Can you add $5,174.01 to PO#9111022 Inv#6322—the Feet Thanks ever so much! / Leo 9-0-� 2. Orl6siQZF— 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 $5,174.01 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Foot Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delov to lateral 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 M 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 wan alies or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit, may be remmed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance herenfor any of its rights or remedies as to anv such goods, regardless instructions from the City affect Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oml 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 Port Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understand 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. 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 SL. Fort Collins. CO R0522, 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 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 pans of the country, shipment is If the Purchaser ducts the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the amrcst 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 arc made from gmata 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 procure at sellers sole cast all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and mlcs of the state, municipality, territory or political obdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of v'cndor. Seller further agrees to hold the City of Fart 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, onlirences, roles and requirements. Aulhoriration. All panics 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 tcmw and conditions stated herein act 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 rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the document reached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seiler 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 ofnegligencc, such acts of Gad, acts ofcivil or military authorities, governmental priorities, fires, strikes. Bond, epidemics, wars or riots provided that notice ofthe 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 order will contemn 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 wammay. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or wilhin such longer period of timers may he prcacribcl by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seiler. Acceptance or use of grmds by the Purchaser shall not constitute a waiver ofany 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 wam. atics or guamntecs, but such liability shall in no event include loss of profits or loss of usc. 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. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term. other than legal terms. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or srinen 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 between the panics as to any work or materials then in progress provided that the Purchaser shall net he liable for any claims for anticipated pmtitt 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 Seiler with respect to any goods which are the Sellers standard stark. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asacrcd within thirty (30) days from the dale the change or termination is ordered. 8. 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 good are subject. The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporaed herein by this reference. The Seller agrees to indemnify and hold the Purchascr 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 monies due or to become 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 furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest eoeumbmnces and claims of others. The Seller shall release the Purchaser and its contractors ofany tier Rom all liability and claims of any nature resulting from the performance otsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Seller's continental obligations, including watmnty, shall not be devoted to be reduced. in any way. because such work is perforated or caused to be performed by the Purchascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright. the Seller 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 Purchmr 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 snit 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 procure for the Purchascr the right to continue using said equipment or parts, replace the same with substantially equal but noniefringing equipment, or modify it so it bmomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an nssignment for the benefit of creditors, appoint a receiver or tmstcc for any of the Sellers property at business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcma used or the interpretation afthe agreement and the rights ofall parties hereunder shall be constmcd under and governed by the laws ofthc State of Commdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Repeesentativc(x), on the premises of.thers. 17. SELLERS Rf SPONSIBILITY. The Scller shall carry on said work at Seller's own risk until the ,same is fully completed and accepted, end shall, in ease of any neeident destruction or injury to the work and/or materials before Seller's final complction and acceptance, complete the work at Seller's own cxpcnsc and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seiler shall receive, unload, store and handle same at the site and become responsible thercli r as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease henefits, 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, contactual and automobile public liability insurnnu with bodily injury and death limits of at least S300,010 for any one person. S500,000 for any one accident and property damage limit per accident of S40g00B. 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 nny Work upon the pmmiscc of others, the Seller shall furnish the Purchaser with a ccrtiftcr c that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cen i Reines shall specify the date when such compensation and insurance expires. The Seller sprees that such compere,ation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nssumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or propertyy caused by or resulting from the execution ofthe work provided for in this purchase erdcror in connection herewith. The Seller will indemnify and hold hartalm the Purchaser and any or all of the Purchasers oRcem. agents and employees form mod against any and all claims, losses. damages, charges or expenses, whether direct or indirect and wJoker 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 ofthe Scller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit ar other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time an 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 oRcem, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, 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 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 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 rules and regulations issued pursuant thereto. Revised 03/2010