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HomeMy WebLinkAbout129790 THE FEET INC - PURCHASE ORDER - 9111023City of art Collins PURCHASE ORDER PO Number Page 9111023 1of2 This number must appear on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 129790 Ship To: OPERATIONS SERVICES THE FEET, INC CITY OF FORT COLLINS 622 SHERRY DR, UNIT C 300 Laporte Avenue FORT COLLINS Colorado 80524 Building B FORT COLLINS Colorado 80521 Delivery Date: 02/15/2011 Buyer: JAMES HUME Note: / Line Description / Quantity UOM Unit Price Ordered Extended Price 2 Addendum to PO 1 LOT EA 7,059.64 Invoice 6353 Hi, Can you add $7,059.64 to PO#9111023,Inv#6323--The Feet Can you add a credit line of-$112.42 to'PO#9111023 Inv#6308--the Feet Can you add $5,174.01 to PO#9111 22 Inv#6322--the Feet Thanks ever so much! Leo 3 credit line 1 LOT EA -112.42 Invoice 6308 J Total $6,947.22 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 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 stank, the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-(41502. 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 delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1977. Chapter 79 26. 114 (a). ex'm se any rights or remedies provided herein or by law, failure to pmntptly notify the Seller in the event of n breach. the acceptance oforpayment for goods hereunder or approval ofthe design, shall not release the Scllernf Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit. may be returned to you for credit and arc not to be "laced except upon receipt of written purchaser to insist upon strict performance hereofer any of its rights or remedies as to any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported onl modificatino or rescission of this purchase order by the Purchaser operate 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. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan 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 ofall applicable required inspection procedures. violations arc in fact bomc by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase enter, 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 Fun Collins, 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services chemist, 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 most 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 directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the amend distribution paint to destination, and excess fmighl will be deducted from box ice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments am made from gmma distance. may cause the work to be performed by the most expeditious means available to it. sad the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers .sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and miss 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 Fort Collins hornless from and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess hell and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set fonh and any supplementary or additional terms and conditions annexed hcrcto or incorporated herein by reference. Any additional or different terms 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 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 documents attached hcrcto. No acts of the Purchases including, without limitation, acceptance of re vial late deliveries, shall operate as a waiver ofthis provision. 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 ofnegligenee. such acts of God, nets ofcivil or military authorities, governmental priorities. firms, strikes, flood, 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 ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. ?.WARRANTY. The Seller warrants that all goods, 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 unleaded, and perfomed with the highest degree of care sad cant 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 ofthe Scllcrs breach of wamnty. The Seller shall replace, repair or make goad, without cost to the purchaser, any defects or faults arising within one (I) your or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller aner the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting Form 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 warontics or guarantees, but such liability shall in no event include loss of pmfits 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. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm the quantities originally ordered in The specifications or dtawinF, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adiusmmnt 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 to any equitable adjustment between the parties as to any work or matcords then in progress provided that the Pumhascr shall not be liable for any claims for anticipated profits 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 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 fumishcd in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he 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 Scllcrs 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 encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch 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 ofsuch party. The Seller's contractual obligations, including %varmnty, .shall not be deemed to he reduced, in any way, because such stork is performed or caused to be performed by the Purehnner. 14. PATENTS. Whenever the Seller is required to use anv m design, device, material or process covered by letter, patent, tradcmk or copyright, the Seller shall indemnify and save harmless the Purchaser fmm 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 purehascr 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 part is enjoined, the Seller shall, at its own expense and at its option, citha procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but ro ninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors appoint a receiver or tmstce for any of the Sellers property or business, this order may forthwith be canceled by the PumhascF without liabilit, 16, GOVERNING LAW. The dcro itinas oftemms used or the interpretation ofthe agreement and the rights of all panics hereunder shall be constmcxl under and governed by the lams ofthc State of Colorado. USA. The following Additional Conditions apply only in cases where the Scllcr is to perform work hereunder. including the services of Sciers Representatiec(s), on the premises cfothem. 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 at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall rccciwe, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being fumishcd by the Scllcr under the order. 19. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including occupational disease her efits 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 Imes of the state in which the work is to be done The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insuramr with bodily injury and death limits of m least $300,000 for any one person, S500,000 I'nr 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 prenmise, 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 insuranm have been provided, Such ecrti0emes shall .specify the date when such compensation and insurance expires. The Seller apexes 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 ofany kind or nature whatsoever to persons or pmperty caused by or resulting Form the execution of the work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purehnscr and any or all of the Purchasers offrcers, agents and employees form and against any and all claims, losses, damages. charges or expenses, whether direct or indirect and whether to persons or property to which the Pumhxscr may be put or subject by reason of any act, action, neglect omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors omens, agents or employees. In ease 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, 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 insured 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 snore to he 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 accident, comply with all laws and regulations with regard to mfety including, but without limitation, the Occupational Safety and Hcalth Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010