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HomeMy WebLinkAbout480152 FORD AUDIO-VIDEO SYSTEMS INC - PURCHASE ORDER - 9115666PURCHASE ORDER PO Number Page City of PURCHASE 9115666 1 of 2 t Collins This number must appear on all invoices, packing slips and labels. Date: 04/11/2012 Vendor: 480152 FORD AUDIO -VIDEO SYSTEMS INC 4230 CARSON ST DENVER Colorado 80239 Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS Colorado 80521 Delivery Date: 09/28/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Change order 1 Job 1104361 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 1 LOT EA Total Invoice Address: $680.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By smod, the City of FwH Collins is exempt fmm state and local taxes. Onr EsemptiOn Nonhcr is 11. NON WAI VCR. 98-04502. Federal Excise Tax Exemption Ccnificatc of Registry 84-640MR7 is registered with the Collector of Failum office Purchaser to insist noon strict performance of the terms and conditions hereof, failure or delay to Counted 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 of a breach, the acceptance of or payment for good hereunder or approval ofihc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped at due to defects of mW Of file wnrmtnics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be recurred to you for credit and arc not to be replaced except upon reee ipt of m rilico purchaser to insist noun strict performance hereofer any of its rights or remedies as to any such goods, regardless instructions from the City of Fen Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, not shall any purponcd am] modification art reseisinn of this purchase Voice by the Purchaser operate as a Waiver of any of the gems Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response In this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part 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 Emit antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne 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 Wand St.. Fon Collins, CO R0522, unless acquired under federal or state antitrust Imes 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 parsmnt to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country. shipment is If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will he deducted Form Invoice when Purchaser and the Seller, and the Seller themancr indicates its inability or unwillingness to comply, the Purchaser .shipments arc made fmm greater distance. may cans, the Work to be performed by the must expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale 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 any Other duly constanicd public authority having junsdiction over the work of vendor. Seller !archer agrees to hold the City of Fen Collins hamlcss from and against all liability and loss incurred by them by mason of an asserted or established violation of any such lams, regulations, ordinances, rules and regnircmenL, Authorization. All parties to this contract agree that the representatives arc, in fact, bona ride and pusses fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order cxpesly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tans and conditions purposed by.scller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imm,dimely ifyoa cannot make complete shipment to arrive On your promised delivery date as noted. Time is of the essence. Delivery and performance must be effccted within the time sated on the purchase order and the documents atached hereto. No acts of the Purchasers including, Without limitation, acceptance of Tendril late deliveries, shall Oriente as a waiver of this provision. In the event Many delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpincing Ibis 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 are beyond its reasonable control and Withent its fault of negligence. such acts of God. act of civil or military authorities, govcmmental pdodties, fires srikcs, food, epidemics, ones or riots provided that notice of the conditions causing such delay is given to the Purchaser Within five (5) drys of the time when the Seller first received knowledge thereof. In the event of any .such delay, the date ol'delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY, The Seller wamets that all good, anielcs, materials and work covered by this order will con(nmm w ith applicable drawing.. specifications, samples and/or other descriptions given, will he rat for the purposes intended, and perfumed With the highest degree of care and competence in accordance With acccrnd standards for Work M n similar nature. The Seller agrees to hold the purchaser hamlcss fmm any Ions. damage or expense Which the Purchaser may sulfur or incur on account office Scllcr, breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within ore (1) year Or Within such longer pennd of time as may he prescribed by law or by the Isms of any applicable mammy provided by the Seller after the date of acceptance office goods frmish,d hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or detective work done or materials furnished by the Seller. Acceptance or use of grad by the Purchaser shall not constitute a waiver ofany claim under this Wamnty. Except as otherwise provided in this purchase order, the Sellers liabiliy humend,r shall extend to all damages proximately caused by the breach Offaly of the foregoing wamntics or guarantees, but such liability shall in no event include Ions 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 In legal term by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchawt may make any changes to the terns, other than legal terms, including additions to or deletions from the quantities Vaginally otdeted in the specifications m drawings. by urbal Or o riven change enter. If any such change affects the ammmt due or the time ofperfomtance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by Written change order, teninatc this agreement as to any or all portions Of the goods then not shipped, subject to any equitable adjustment henvicen the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncmnplctcd portion of rho goods and/or Work, for incidental or consequential damages, and that no such adjustment be made in favor office Seller With respect to any goods Which are the Sellers standard stock, No such ermindam shall mlicvc the Purchaser Or the Seller of any oftheir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he amend within thirty 130) days from the date the change or termination is On)cted. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been omduced, sold, delivered and furnished in strict compliance with all applicable Ines and regulations to which the goods are subject The Seller shall execute and deliver such documents as nay be required to effect or evidence compliance. All Imes and regulations required to be incorporated in agreements of this character are 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 restdl of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any faunas due or to become duc hereunder without the prior on.lien consent of the other parry. 10. TITLE, The Seller warms fill, 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. rc.Wrvrtions, scenery inrcrest encumbrances and claims efothces. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting form the perfomnnce fsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the doccer,, o(fcers and employees nfsnch party. The Seller's connected d obligations, including wam. ntyt shall not be deemed to be reduced, in any way, because such Work is performcxl or caused to be perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is required to uW any design. da'icc, material or process cooled by letter. patent, tmdcmark Or copyright, the Seller shall indent ni fy and m%c harmless the Purchaser Form 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 indcrom fy the Purchaser for any cost, expense or damage which it may be Ohl igcd to pay by remain of such infringement at any time during the pmscention or aner the completion Office work. In case said equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment Or pan is enjoined, the Scllcr shall, at its own expense and at its option, either procure for the Purchaser the right In continue using mid equipment or pans, replace the same with substantially equal but nnninfringing equipment or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or fu nkmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcr, property or business, this order may forthwith he canceled by the Purchaser Without liability. 16. GOVERNING LAW. The definitions of tens used Or the interpretation ofihc agreement and the rights ofall panics hereunder shall be eonstmnl under and governed by the laws of the State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is a pmfon Work hereunder. including the services of Scllers Represenativc(s), on the premises of Mhers. 17. SrI.LERS RESPONSIBILITY. T'he Scller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of ray accident. destruction or injury to the Work and/or materials before Sdicev final completion and acceptance, complete the Work at Seller's mvn expense and to the satisfaction of the Purchasm. Mon materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and bccOm, respnreiblc therefor as though such materials 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 ooAca c cropco alien, 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 Imes of the state in which the work is to be done. The Seller shall also vary comprehensive general liability including, but not limited to. contractual and automobile public liability insurance With bmlily injury sad death limits of at least S100.000 for any one person. S500.000 for any one accident and property damage limit per accident Of S400,000. The Seller shall likewise require his contract.,. if any, to provide for such coupenc lon and insurance. Before any Of the Sellers Or his contractors employees shall do any wmk upon the premises of Others, ere Scller 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 insurance hive been provided Such certificates shall specify the date when such compensation and insurance expires. The Scllcr ogress thnl such compensation and insurance shall be maintained until a0er the entire work is completed and Occupied. 19. PRO I EC'I'ION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby asunto, the enlirc responsibility and hnhifi v Torrey and all damage. Ins or mory ofany kind m nature whatsoever to persons or property caused by or resulting from the execution ofthe mark provided for in this purchase order or in connection brew th. The Seller Will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees front and against env and all claims, losses, damages. charges or expenses, Whether direct or indirect, and Whether to persons Or property t0 Which the Purchaser cony be put or subject by reason of any net action, neglect, emission or default on the pan of the Seller, any of his contractors, to any of the Sellers or contractors Officers, agents or employees. In case any snit or Other pmcccdings shall he 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 M his contractors or any of its or their officers, reents or employees os aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense. to ryry any and all costs, charges, amom,ys fees and other expenses. any and all judgnnents that may be incurred by or Obtained against the Purchaser or any of its or their officers. agents or employees in such Sean or other proceedings and in case judgment or other lien be placed upon Or Ohtaineef against the property of the Purchaser, at said panics in or as a result of such suits at other pmcccdings, the Seller will at Once cause the same to be dissolved and dschargcd by giving bond or mhervise. The Seller and hies contractors shall take all sr Isfy precautions, furnish and install all guards necessary for the prevention of accidents, comply With all laws and regulations With regard to mery including, but without limitation, the Occupational Safely and Health Act of 1970 and all odes and regulations isucd paramant thereto. Revised (0/2010