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HomeMy WebLinkAbout212424 STAGEWRIGHT INC - PURCHASE ORDER - 9120867PURCHASE ORDER PO Number Page City of9120867 1 of z ' `t CollinsChis number must appear " 1 ,�7 on all invoices, packing slips and labels. Date: 02109/2012 Vendor: 212424 Ship To: LINCOLN CENTER STAGEWRIGHT INC CITY OF FORT COLLINS PO BOX 7313 417 W MAGNOLIA BOULDER Colorado 80306 FORT COLLINS Colorado 80521 Delivery Date: 02/09/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Motors - per quote 2395 1 LOT LS 6,300.00 dated 2/3/12 Total $6,300.00 s�- U 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptinns. By stannc the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-64502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is m,mcrcd with the Collector of Failure of the Purchaser to insist upon strict performance of the temps and Bondi Lions hemot failure or delay' to Internal Revenue. Denver. Colorado (Rd. Colorado Revised Statutes 1973, Chapter 39-26, 114 ad. exercise any rights or cdics provided herein or by law, failure to promptly notify the Seller in the event of a breach, rcm the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to met specification, cilha when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right ofthe damage in transit. may be Terrence] to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance horcefor any of it rights or rcmcdics as to any such goods, regardless instructions from the City of Fort Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am1 madifiention or res. imiaa of this purchase order by the Pumhascr orxmic as a waiver of any of the terms Inspection. GOODS arc subject 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. However, it is to he understood 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 grad 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 hercaRct Freight Terms. Shipments most he F.O.B., City of Fort Collins. 700 Wool St.. Fart Collins, CO 90522. unless acquired tinder federal or state antitrust haws for such overcharges relating to the panic.].,, goods or services otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight purchased or acgained by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charge for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in %minus parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expcetcd from the nearest distribution point to destination. and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thema0cr indicates its inability or unwillingness to comply. the Purchaser shipments are made fmm greater distant may cause the work to be performed by the most expeditious means available to it. and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all accessary permits, certificates and licenses required by all applicable laws, regulations ordinances and mlea 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 mark of vendor. Seller fanhcr agrees to hold the City of Fan Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances, roles and requirements, Aulhorinition. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to hind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the toms and conditions stated herein set forth and any supplementary or additional Icings and conditions annexed hereto or incorporated herein by reference Any additional or different Ierms 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 you promised delivery date as noted. Time is ofthe essence. Delivery and perfnmance must be effected o ithin the time stated on the purchase order and the documents attached heron. No nets of the Purchasers including, without limitation. acceptance of partial 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 and equitable remedies, the option ofpincing this order elsewhere and holding the Seller liable for damages. lawcvcr, the Seller shall not be liable for damages as a result of delays due to causes net reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God. acts ofcivil or militaryanhoritics, g.vcmmcntal fmarilies, fires, strikes. Rood, epidemics, mars or rims provided that notice of the conditions causing such delay is given to the Purchascr within fiec (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 ofthe delay. 3. WARRANTY. The Seiler warrants that all goads articles, materials and work covered by this order will cantonal 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 far work of a similar nature. The Seller agrees to hold the purchaser harmless from any Ions damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warmary. The Seller shall replace. repair or make good. w'ithaut 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 more, of any applicable wamnty provided by the Seiler after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance at use of good by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall cxtcnd to all damages presimmc]y caused by the breach ofany of the foregoing wamntics or guarantees. but such liability shall in no event include foss of profits 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 legm terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mow, other than legal terms, including additions to or deletions from the quantities originally ordered in he spcei Geation or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be node. 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 adjusrmcm between the panics as to any work or materials then in progress Provided that he Purchase, 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 ofthe Seiler with respect to any good which arc the Scllcrs standard stock. No.cuch termination shall relieve the Purchaser ar the Seiler of any of their obligations as to any goods dcli%crd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assencd within thirty (30) days from the date the change or teradmition is ordered. 8. COMPLIANCE WITH LAW, The Seller wamnty that all goods sold hereunder shall have been produced, sold. delivered and furnished in strict compliance with all applicable Imes and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All Inns 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 hamlcss from all costs wad damages suffered by the Purchaser as a result of the Sellers failure to comply with such lam. 9. ASSIGNMENTT, Neither Party shall assign, transfer, ar convey this order, or any monies due or In become duc hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnty fit] 1. clear and unrestricted til lc to the Purchaser for all equipment, materia is and items furnished in pcurem ounce of this agreement, free and clear of any and NI liens restrictions, reservations, .security, interest encumbrances and claims of others. The Seller shall release file Pnrehascr and its contractors of any tier from all liability and claims of any nature resulting fmm the perfnmance ofsuch work, This release shall apply cvcn in the event of fault of negligence of the party released and shall extend to the directors officers and employees of such piny. The Seller's contractual obligations, including wamnty, shall not he deemed to he reduced, in any way. because such work is performed or caned to be performed by be Purchaser. 14. PATENTS. Wlwnevcr the Seller is required to use tiny design, device, material or pmccss covered by lever, patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser fromany and all claims for infringement by rowan of the use of such premed design, device, material or pmccss in connection with The contract, and shall indemnify lie Purchaser for any cost, cxpcnsc or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof at The intended Use of the goods, is in such snit hold to constitute infringement and the use of said equipment or pan is cnicured. the Seller shall, at its own expense and at its optima, either procure for the Purchaser the right to continue using said equipmem or parts, replace The same with substantially equal but nmainfringing equipment or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall becon¢ 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 he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation afthe agreement and the rights efoll panics hereunder shall be construed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in eases where the Seller is to perfomn work hereunder. including the services of Scllcrs Rcpmscntative(s), an the promises of mhcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall, in case of anv accident, destruction or injury to the work and/or materials before SCIICrs final completion and acceptance complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by mhcrs for installation or erection by the Seller. the Seiler .shall receive, unload. store and hand], same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense. Provide for the payment of workers compensation, including occupational disease benefits, to it employees employed on or in connection with he work coccred by this purchase Under. and/or to their dependents in accordance with the laws of Thc state in which the work is to be done The Seller shall also carry compmhenshe general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of i t Ieuxr S300.000 nativity one person, S500.000 for nay one accident and properm damage limit per accident of S400.000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurnnee. Before any of the Scllcrs or his contractors employees shall do.,., work M. the press. ices Uf others. be Seller shall furnish due Purchaser with a ctra ficatc that such compensation wad insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance have been provided. Such ccnifici tcs shall specify the date wh,n such cnmpcnsLion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained Until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respmaihility, and liability for any and .'all damage. loss or injury of anv kind or nature whatsUevcr to persons or prapeny caused by or resulting from the,xeemllon ofthe work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and are or all of the Purchasers officers, agents and employees front and against tiny and all claims, lasses, damages, charges or expenses, whether direct or indirect. and whether to persons or rai to which the Purchaser 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 anv of the Scllcrs or contractors officers, agent or employees. In case any suit or other proceedings shall be hrought against the Purchascr, or its of ieas, agents or employees at any time oil account or by reason of any act, action, neglect, omission or dcaull 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 Scllcrs own expense, to pay any and all costs, charges, atmmcys fees and other expenses. any and all judgments that may he incurred by or obtained ognimst the Purchaser or any of its or their officers, agent,, o, employees in such suits err other pmcccdings, and in case judgment or other lien he placed upon or obtained against the property of Thc Purchaser, or said parties in m rs a result of such suits or other pmcccdings. 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, Pomish and install all guards necessary for he prevention of accidents, comply with colt Imes and regulations with regard to safety including, bill without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant Themto. Rcviscd 03/2010