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HomeMy WebLinkAbout157593 DRAHOTA COMMERCIAL LLC - PURCHASE ORDER - 9115522PURCHASE ORDER PO Number Page City Of///��� 9115522 ' °f z F6r} Collins This number must appear /_^,'`t-J`-' ` ` J on all invoices, packing slips and labels. Date: 04/04/2012 Vendor: 157593 DRAHOTA COMMERCIAL LLC 4700 INNOVATION DR #C FORT COLLINS Colorado 80525-6253 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 09/20/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price s Change Order 4 1 LOT EA-7,051.27 Station 1 Remodel Total-$7,051.27 C3. Oi'l�-�ucL� 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 Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. To, exemptions. By stmide the City of Fan Call ins m escmpt fmm state and local taxes. Our Exemption Number is 9S-(W502. Federal Excise Tax Exemption Certificate of Registry 54-6000597 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Somme, 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, eithc when shipped or due to defects of damage in Imosil, may be returned to you for credit and arc not to be replaced except open receipt of written instructions from the City of Fart Collins. Inspection. GOODS arc subjcel to the City of Fan Collins inspection on arrival. 11. NONWAIVER, Failure of the Purchaser to insist upon strict performance of the terms and conditions hcrcot. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the wamntics or obligations of this purchase order and shall not be devoted a waiver of any right of the purchaser to insist upon strict Pcrformnnce hercofor any of its rights or remedies as to anv such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any Purponcd oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, sn ices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fen 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 borne by the Pnrehascr. 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 must be F.O.H., City of Fen Collins, 700 Word St., Fan Collins, CO 50522, unless acquired under Iceland or state antitrust Imes for such overcharges relating to the particular goods on services otherwise specified on this aide,. 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 acc.n,pany invoice. Additional charges far packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mamdneturers 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 fmm the nearest distribution point to destination, and excess freight will he deducted from Invoice when Pnnhascr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made front greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pav all costs associated n'ith such work. Permits. Seller shall furniture at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by tiny other duly constituted public authority hawing jurisdiction over the work of vcndur. Seller fainter agrees to hold the City of Fen Collins hamdess form, and against all liability and Ins, incurred by them by reason of an asserted or established violation of any such laws regulations ondinunees, rules and requirements. Authorization. All panics to this contract agec that the representatives arc, in fact, hone fide and possess full and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temms and conditions stated herein set forth and any supplementary on additional terms and conditions annexed hereto or incorporated herein by reference. Any addninnat erdifferent terms and conditions Prepared by Seller arc objected to and hereby miceted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthc essence. Delivery and performance must be effected within the time stated on the puchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acccptancc ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in additin t to other legal and equitable remcdics, the option afplacing this order clscwhcrc and holding the Seller liable for damages. Howcvcr, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond is reasonable canned and without its fault ofnegligence, such acts of Gad. acts ofcivil or military mnhorities, governmental priodtics, fires, strikes. Bond, epidemics. was or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller Ors, received knowledge thereof. In the event of anv 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 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 intended, and performed with the highest degree of cam and competence in accordance with accepted standards far work of o similar nature. The Seller agrees to hold the purchaser homeless from any loss, damage or expense which the Purchaser may stiffer or incur on account of the Sellers breach of wnm, my. The Seller shall replace. repair or make good. wither cost to the purehawr, any defect or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise Provided in this purchase order, the Sellers liability hereunder shall cs,cnd to all damages proximately caused by the breach of any of the foregoing wemnt ics or guarantees. but such liability shall in no event include loss of pint or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PU R POSE SH A LL APPLY. 4. C14A NGF.S IN I. EGA 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 drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfommancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may rat any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject inany equitable adjustment bet%cce 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 of the goods and/or work, for incidental or consequential damages, and that no such adivatmcat be made in Favor of the Seller with respect to any goods which arc the Sellea standard stock. No such termination shall relieve the Parehascr or the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be amencd within thirty (30) days Form 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 strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect orevidiame 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 held the Purchaser hamdess 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 dram cur to become due hereunder without the priory itum 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, resco atimo, security interest encumbrances and claims of others. The Seller shall release the Pu¢hnser and its eoutnemrs of anv tier from all liability and claims ofany nature resulting from the performance ofstich work. This release shall apply even in the even of fault of negligence of the party released and shall extend to the directors, officers and employees oCsuch party. I he Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused m be performed by the Purchaser. 14. PAT17NI S. Whenever the SCllcr is required to use any design, device. material or process covered by him , patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser front any and all claims for infringement by reason of the use of such oriented 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 ancr the completion of the work. In case said equip roul, or any part thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said egaipmcat or pan is enjoined, the Seller shall, at its own expense and at its option, either Procure for the Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but noninfringing equipment. or mortify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmp, 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 definition, of terns used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the Imvs afthc State of Colorado. USA. The following Additional Conditions apply only in eases where the Seller is to perfomm work hereunder, including the services of Scllcrs Representative(.,), ran the premises ofathers. 17. SEI.LERS RESPONSIBILITY. The Seller shall carry on said is at Scllcrs own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury in the work and/or materials before Seller's final completion and acceptance, cumplde the wail: at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same rat the site and become responsible therefor as though such mzterials and/or equipment were being furnished by the Seller under the order. 19, INSURANCE, The Seller shall, at his own expense. provide for the payment of workers compensation. including occupational disease benefits. In its employees cmpinycd on or in connection with the work covered by this purchase order. and/or to their dependents in aecordmice with the lays of the state in which the work is to be done. The Seller shall alm carry contpmhensive general liability including, but not limited to. contractual and automobile public ololity is surmmc with bodily injury and death limits of at [cast 5300,000 for any one person. 5500.000 for any one accident and pmpeny damage limit per accident of 5400.000. The Seller shall likewise require his eon tmctnm ii ny, to provide for such cnnmpmsotion and iusumncc. Before any ofthe Scllcrs or his contractors cmpinyccs shall do any work upon the prernises of others, the Seller shall famish the Purchaser with a certificate that such eompcomtien and insurance have been provided. Such certificates shall specify the date when such compensation and insurance hove been provided Stich cer iftcaros shall specify the date when such compensation and iusumncc expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROT'ECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nsarmes the entire responsihility and liability for nay and all damage loss or injury ofany kind or nature whatsncvcr to persons or Post caused by or insulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller wild indemnify and hold hnmdess the Purchaser and any or all of the Pllrcllosen officers, agents and employees fmm and against any and all claims, dosses, damages, charges or cxpcnsc., whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any nel. action, ni omission or default on the pan of the Seller, anv of his contractors. or any of the Scllcrs or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the purchaser, or it officers, agents or employees at any it 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 mote at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incomes! by or obtained against the Purchaser or any of its at 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 of the Purchaser. or said parties in or as a resdt of such suits or other promoings, the Seller wild at once erase the same to be die eked and discharged by giving bond or otherwise. The Seller and his carancen, shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents. comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and health Act of I970 and all rules and regulations issued pursuant thereto. Revised 0312010