Loading...
HomeMy WebLinkAbout447630 SOUTHWESTERN PAINTING & DECORATING - PURCHASE ORDER - 9122640PURCHASE ORDER 912264er Page PO City Of 122640 1 of 2 Fort Collins This number must appear on all invoices, packing slips and labels. Date: 05/04/2012 Vendor: 447630 Ship To: SOUTHWESTERN PAINTING & DECORATING PO BOX 1400 BRIGHTON Colorado 80601 OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 05/04/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Avery House 1 LOT LS 7,290.00 Scrape, sand and caulk all exterior wood trim, doors, soffits and fascia. 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 Total Invoice Address $7,290.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By emac the City of Fort Collins m exempt fault state and local lass. Our Exemption Number is 11. NONWAIVER. 99-Ik4502. federal Excise Tax Exemption Certificate of Registry, 94.6000587 is registered with the Collector of Failure Oldie Purchaser to insist upon strict performance of the Icros and conditions hmot failure or delay to Internal Revenue. Denver. Coloado (Rd. Colorado Revised Statutes 1973. Chapter 39.26, 114 (a). exercise any rights or remedies provided herein ar by law. failure to pmmplly artily the Seller in the event Of, breach, the acceptur cc ofc, payment for good hereunder ar appaval offle design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED duc to failure to meet specifications, either when shipped ar due to defects of any of the Onrmntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transil, may be rcmmed to you for credit and am not to be replaced except upon receipt of written purchaser in insist upon strict performance hercofor any of its rights err remedies as to any such goods. regardless instruction from the City, of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purpnned mal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc sub cct to the City of Fon Collins inspection an arrival. hereof. Final Acceptance. Receipt of the merchandise services or equipment in rcsponc to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. onthorizcd payment On the part of the City of Fon Collins. however. it is to he understood that FINAL Seller nand the Pond hnsc, recognize that in actual economic practice, m'crchargcs resulting front umitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection pauedores, violallnas are in fact borne by the Purchaser. Theretofore, for pond cruse and as consideration for execatiog this purchase order, Ole Seller hereby assigny to the Purchaser Illy nail all claims it am now have or hereafter Freight Terms. Shipments must be F.O.E.. City of Fen Collins 700 Woos] St.. Fen Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to do particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the Original freight pnrehncd ar acquired by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additimal charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufecmrers have distributing points in various pans of the emmtry, shipment is If the Purchrur directs the Seller to correct nonconforming or defective goads by a date to he agreed upon by the expected from the nearest distribution point to destimmion, and excess freight will be deducted from Invoice when Pumhawr and the Scllcr, and the Seller thcmaficr indicates its inability or umvillingness to comply, the Purchaser shipments arc made form greater distance. may cause the work to be perforated by the most expeditious means available to it. and the Seller shall pay all costa issminted with such work. Permits. Seller shall procure at sellers sole cost all accessary pcerits, ecnifieares and licenses required by all applicable laws, regulations, ordinances and tuxes of the state, municipality, territory m political subdivision where the work is pttfmmned, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fimher agrees to hold the City of Fen Collins harmless from and against all liability and loss incurred by Oman by reason of an nsenod or established violation of any such laws, regulations ordinances. roles and rcquircmcnts. Authonzilion. All panics to this contract agree that the representatives are. in fact bona fide and possess full and complete authority to bind aid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated to rcin by reference. Any additional or di Rcrent toms and conditions proposed by Scllcr me Ot,_iccicd to and hereby rejected. 2. DELI V F:RY. 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 stated on the purchase order and the documents imached hereto. No acts of the Purchasers including. svithnut limitation, acceptance ofpanial late deliveries shall operate as a waiver of this prevision. In the event of any delay. the Porchascr shall have, in addition to other legal and equitable remedies, the option of placing this order elvcw'hcrc and holding the Seller liable for dnntagcs. Howrver, the Seller shall net be liable far damages as a result of delays due to causes rim reasonably foreseeable which arc beyond its reasonable control and without its fault ofncgligcncc. such acts of COL. acts ofeivil or military authorities governmental priornics. Ems, strikes, hood, epidemics seas Or riots provided that notice of the conditions causing .such delay is given to the Purcht car within five (5) days of the time when the Seller first received knowledge thcmo[ In the event of any mch 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 wnrk covered by this older will eonfnm with applicable dmwings, specifications, samples and/or other descriptions given, will be fil for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature The Scllcr agrees to hold the purchaser hamlett from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of uwmnty. The Scllcr shall replace, repair or mike glad, without cost m the purchaser, any defects or faults arising within Inc (1) year or within such longer period of time, as may he pueseribod by law or by the toms of any applicable w:ammy provided by the Scllcr a0cr file date of acccptnnce of the goods furnished bercander (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 ofmo, claim under this wamnty. Except as otherwise pmvidcd in this purchase order. the Scllcrs liability hnnrnder shall extend to all dnntagcs proximately caused by the breach of any of the forcgaing wamntics or I n m nfcc, but such liability shall in no went include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE 51 IALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal Isms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal tem s. including additions to or deletions from the quantities originally ordered in the specification or drawings, by verbal or written change order. Bony 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 as many mark or materials then in pmgrcss provided that the Purchaser shall not be liable for any claims for anticipated proms on the uncomplded 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 are the Scllcrs standard sack. No such termination shall relieve the Porchascr or the Seller ofany ofthcir obligations is to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted 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 object The Seller shall execute and deliver such documcros as may be required to effect or evidence compliance. All laws and mgantions required to be incorporated in agncrmcats of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcss from all costs and damages suffered by the Purchasr as a result of the Scllcrs failure to comply with such laxv. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any motions day or to became due hommider without the prior wralen consent of the other party. 10. TITLE. The Seller wnmms hill, glom and unrestricted title to the Purchaser fnr all equipment, materials, and items furnished in perfomnnce of this i grcemcnt, free and clear of any and fill liens, restrictions, esen'mions, security interest cncumbmnccs and claims of Othcn. The Seller shall release the Purehasa and its contractors of mw tier from all liability and claims of am, nature resulting (rain the performance of such work. This release shall apply even in the event of fault of negligence of the pare' released and shall extend to the directors. officers and employees ofoch party. The Seller's enatou ual obligations including wamnty, shall not be docmed to be reduced, in any way. because such murk is perfomcd or caused to be perfomcd by the Purchaser. 14. PATENTS. Whenever the Sfllcr is required to use any design, device. material or pmcess covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser form any and nil claims for infringement by reason of the use of such patented design, de-ice. material or process in connection with the contract, and shill indemnify the Purchaser far any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the Provocation or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goads. is in such slit 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 procure for the Purchaser the right to continue using said equipment or pans, rcpincc the same with substantially equal but nnninfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent as bankrupt make an assignment for the benefit of creditors. appoint a receiver or mrstce far any of the Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dcinanians of teat used or the interpretation of the agreement and the rights of all parties hereunder shall be consumed undcr and govcmcd by do, Imes of the State of Columdo. USA. The following Additional Conditions apply only in cases where the Seller is to pertorm work hereunder. including file scn'ices of Scllcrs Repmsentative(s), on the pmmiscs ofothem. 17. SELLERS R ES PONS 113 ILITY. The Scllcr shall carry On aid work at Seller's own risk until the same is fully eomplcicd and accepted, and shall. in onsc of mry nccidcmt des traction or injury to the work and/or materials before Seller's final completion and acceptance, complete Ibc wnrk at Seller's own expense and to the satisfaction ofthc Purchaser. When materials and equip ucal are furnished by others for installation or erection by the Seller, the Seller shall receive, trained, store and handle some 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 hencfrls, to its anployces employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and antomobile public liability insurance with balily injury and death limits of at least S300.000 for any one person. S500.000 for any one accident and pmpcne damage limit per accident of S400,(H)0. 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 premises ofathcrs. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insmine. expires The Seller agrees that such compensation and insurance shall he maintained until after the cntirc wnrk is completed and accepted. 19. PRO I ECT10N AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ossnmcs the entire respousibibty and liability for mty nail all damage, loss Or injury of any kind ar nature uhnttnever to persons or property caused by or availing front the axaution of the work provided for in this purchase nnlcr or in connection herewith. The Seller will indemnify n al hold harmless the Purchaser and any Or all of the Purchasers officers, agents and employees tram and against any and all elnias. losses. damages, charge, or expenses whether direct or indirect. and sa other to persons or pmperty, to which the Purchaser may be put or subject by mason of any act, action. neglect omission or default on the pan of the Scllcr, any of his connacton, err anyof the Scllcrs or contractors officers, ngcnts or employees. In case any snit o, Other pmec clings shall be brought against the Purchaser, or its oRecrs. agents or employees at any time on account or by reason of any act, action, neglect. emission or default Of the Seller of any of his contractors or any of its or their omcen, agents or employees as aforesaid, the Seller hereby ngrecs 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 incurred by or obtained against the Purchaser or any of its or their officers. agents m employees in such oils Or other proceedings and in ease judgment or other lien be placed upon or obtained egninsl the property of the Purchaser, or aid parties in or as a result of such suits or other pmccedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or othcnyisc. The Scllcr and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Incas and regnlnrions with regard to safety including. bill without limitation, the Occupational Safety and Health Act of 1970 and all rules and rcgdminns issued pursuant thereto. Revised 03/2010