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HomeMy WebLinkAbout351548 US BANCORP - PURCHASE ORDER - 9110387City of Fit Collins Date: 04/12/2012 Vendor: 351548 PURCHASE ORDER US BANCORP OFFICE EQUIPMENT FINANCE SERVICES PO BOX 790448 ST. LOUIS Missouri 63179-0448 PO Number Page 9110387 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 01/14/2011 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 Addendum to PO# 9110387 Credit Invoice Per US Bank Credit Invoice. Line added per email reques of Carol Rankin dated 04/11/12. 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 1 LOT EA Total Invoice Address: -280.42 -$280.42 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Cenifieate of Registry 84J000587 is registered with the Collector of Poilurc of the Purchaser to insist upon strict performance of the temis and conditions hereof. failure in delov to Internal 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 ofa breach. the acceptance ofor payment for goods hereunder or approval of the 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 nay of the wamntics or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, mar be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hcreoforn cy crux rights or remedies as to any such gnords regardless instructions form the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall am, purported om1 modificmion or rescission of this purchase corder by the Purchaser operate as a waiver of any of the tame Inspection. GOODS are 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 OP 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 fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proceddnms. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase orler. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereurer Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St. Fort Collins, CO 90522. 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 m 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 parts 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 Purchaser and the Seller, and the Sailer thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made fmm greater distance. may cause the work to be perfomed 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 east all necessary permits. certificates and licenses required by all applicable Inns, regulations, ordinances and rules of the state. municipality, territory or political subdivision where the work is perfomred, 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 harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rues and requirements. Authorization. All panics to this contact agree that the representatives arc, 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 terms and conditions ,stated herein set forth and any supplcmemary or additin irl terms and conditions annexed hereto 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 promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time sated on the purchase order and the documents attached hereo. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, .shall operate as a waiver of this prevision. In the event array 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 net be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities governmental priorities, rims, strikes, flood, epidemics, sums or riots provided that notice of the conditions causing such delav is given to the Purchaser within five (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 of the delay. 3. WARRANTY. The Seller wamnty that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, Samples and/or other descriptions given, wi11 he fit for the pnrpnser 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 wamnty. The Seller shall replace, repair or make good, without 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 Icons ofnny applicable warranty provided by the Seller 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 or use of goods by the Purchaser shall not constitute a waiver ofnny claim under this wamnty. Except as onccnrise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehascr may make changes to Icgol terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from the grantities originally ordered in the specifieatinow or drawings. by verbal or written change order. If any such change affects the amount due or the time ofperformance 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 goods then not shipped, subject to any equitable adjustment between the panics is to any work or materials then in pmgness pmvidcd that the Purchaser shall not he liable for any claims for anticipated petits 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 nny good which arc the Sellers standard stock. No such termination shall relieve the Purehascr or the Seller crony of their obligations as to any goods delivered hernmder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asscncd within thin' (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnt that ill 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 or evidence compliance. All laws and regulations required to he incorporated in agrecmcros of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcss from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 4. 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 wamny 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 Sel ter shall release the Purchaser and ih contactors of any tier front all liability and claims of any nature resulting from the Pcrfomranee of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, .Boers ind employees ofsuch party. The Seller's contractual obligations. including wamnty, shall not be deemed to be reduced, in any sway, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or process covered by letter. patent, trademark or copyright. the Seller shall indemnify and save brimless 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 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 infer the completion of the work. In case said equipment. or anv 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 prasuare fr the Purchaser the right to continue using said equipment or parts, replace the tame with substantially equal but anninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bxnkmpt make an assigmment for the benefit of crttlimrs, appoint a receiver or tmsuce for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcrme used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be constmcd under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcmander. including the sc-vic is of ScllcrS Represcntative(s), on the premises ofethers. 17. SELLERS RESPONSIBILITY. The Seller shalt carry on said work at Scllers 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 fecal completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchases When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the sire and become responsible therefor as though such materials and/or equipment acre 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 benefits, 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 In %s of the state in which the work is to be done. The Seller shall also carry comprehensive gravel liability including, but not limited to, contractual and antomobile public liability instance with hourly injury and death limits of at least S300.000 f r any one person. S500.000 for .any one accident and pmpcny damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insumnee. Before any of the Sellers or his contractors employees shall do any work upon the premises ofmhers, the Seller Shall furnish the Purchaser with a certificate that Such compensation and insurance have been provided. Such certificates shall specifythe date when such compensation and insurance have been provided. Such ecoilieates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until curer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any ind all damage, loss or injury afany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Pumhasem oBecm. agents and employees from and against any and all 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 preccedings Shall be brought against the Purchaser. or its officers. agents or employees at any time on nuonat or by reason of any act, action, neglect, omission or default critic Seller of nny 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 al the Sellers oven expense. to pay any and all cosh, charges, a0omcys 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 Parchoser. m 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. l'he Seller and his contractors shall take all safety precautions, furnish and install all gnords necessary for the prevention of accidents, comply with all Imes and regulations With regard to safety including, but without limitation, the Occupational Safety and Hcalth Act of 1970 mtd all roles and regulations issued pursuant thereto. Revised 03/2010