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HomeMy WebLinkAbout243352 LAURIE B ZUCKERMAN - PURCHASE ORDER - 9122719City of �.Fort Collins Date: 05/10/2012 Vendor: 243352 ZUCKERMAN, LAURIE B 526 E ELIZABETH ST FORT COLLINS Colorado 80524 PURCHASE ORDER PO Number Page 9122719 1of2 This number must appear on all invoices, packing slips and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS Colorado 80521 Delivery Date: 05/09/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 APP Piano project c3. oi�es� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 LS 650.00 Total 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. Tax exemptions. By statute the City of Too Collins is exempt From state rand local taxes Our Exemption Number is 11. NONWAIV ER. 98-04502. Federal Exeisc Tax Exemption Cer ific.le of Registry 94-MOO597 is registered with the Collector, of Failure of the Purchaser to insist upon strict performance ofthe tans and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39.2fi, 114 (n). exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance nfor payment for good hereunder or approval ofthe design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED duc to failure to mod specifications, either when shipped or duc to defects of any ofthe wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rcmmcd to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon shim performance hereof or any of its rights or remedies as to anv such goods, regardless instructions fmm the City of Fnn Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or reaisvion of this purchase order by the Purchaser operate as a waiver crony of the toms Inspection. GOODS arcsubject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in mspense, to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Hoorver. it is to be 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 are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this pnrehase order, the Seller hereby assigns to the Purchaser any and all claims it may nmv have or heree0er Freight Terms. Shipments must be F.O.B., City of Fort Collins 7fM Wood St. Full Collins. CO 90522. unless acquired under federal or state antitrust laws for .such overcharges relating to the pinicular good or services otherwise specified on this order If p.ission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Where manuGcturcm have distributing points in various parts of the country, shipment is expected Farm the nearest distribution point to destination. and excess freight will be deducted from Invoice when shipments are made form greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws regulations, ordinances and mles 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 work of vendor. Seller further agrees to hold the City of Port 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, rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind raid panics. LIMITATION OF TERMS. This Purchasc Order expressly limits acceptance to the Isms and conditions stated herein set Earth and any mpplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different Icros and conditions proposed by seller tire objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete .shipment to arrive on year premised delivery date as noted. Time is of the essence. Delivery and perf rmancc must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall operate inin waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplaeing this 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 am beyond its reasonable control and without its fault of negligence, such acts oEGod, acts ofcivil or military authonlics, governmental priorities finis, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler 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 Seller wamnts that all goads, articles, materials and work covered by this order will confront with applicable drawings, specifications, samples andfr 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 for work of n similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser nay suffer or nice, on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good. wilhout 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 terms of any applicable warranty provided by the Seller after the dare of acceptance of the goods furnishcd hereunder (acceptance not to be unreasonably delayed), resulting from an elect or defective work done or aiterials furnished by the Seiler. Acceptance or use of goods by the Purchaser shall net constitute a waiver of any claim under this wamnty. Fxcept is otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing wamntics or guarantees. but such liability shall in no event include loss of profits or loss of use. NO IMPLI E:D WARRANTY OR MERCHANTABILITY OBOE FITNESS FOR PURPOSE SHA LL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr 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 from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affieets the nmmmt due or the time ofperformance hereunder, an equitable adjustment shill be made. fi. 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 to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipetcd pmtiK on the uncompleted pinion 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 good which are the Scllers standard struck. No such termination shall relieve the Purchaser or the Seller rof any ofthcirobligotum, as to any Bond delivered hereanda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from 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 or evidence compliance. All Imes and regulations required to be incorpoated 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 Purchascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or coney this order, or any monies due or to become due hereunder without the prior women consent ofthe other parry. 10. TITLE. The Seller wino rax full, clear and unrestricted title to the Purchaser for all equipment materials, and items famished in performance of this agreement, free and clear of any and all Items, restrictions, msery dions, security interest encumbrances and claims of Mhos. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seiler thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay ill costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier Firm all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, ofccts and employees of such party. The Sclicrs con", count obligations, including wamnty, shall not be decreed to be reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use anv design. device, material or process covered by letter. patent trademark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device. material or pmeess 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 ofsuch infringement it any time during the prosecution or after the completion of the work. In case mid equipment, or any pan Ihemnf or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment at pan is enjoined, the Seller shall. at its own expense and at its option, either porure for the Purchascr the right to continue using said equipment or parts, replace The same with substantially equal hot noninfringing equipment, or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, mike an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllers property or business, this order may forthwith be canceled by the Panhascr without liability. 16. GOVERNING LAW. The definitions oftemss used or the interpretation ofthe agreement and the rights of all parties hereunder shall be conslmM tinder 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 hereunder. including the services of Sclicrs Represeaudivc(s), no the pmmiwx ofnthers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work it Seller's own risk until the same is fully completed and accepted, and shnlL in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the Work at Seller's own expense and to the satisfaction of the Purchasc, When materials and equipment are Burnished by others for installation or erection by the Scltcr, the Seiler shall receive, unload, store and handle 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 its employees employed on or is 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 be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and atnomnbile public liability insurance with bodily injury and death limits of at (cast S300.000 for any one person, $500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his enntmetors, 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 ofothcm. the Seller shall furnish the Purchascr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation end insurance have been provided. Such eertificntes shall specify the date when such compensation and insurance expires. The Scllcr ogress that such compensation and insurance shall he maintained until tiger the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr herchy assumes the entire responsibility and liability for any and all damage. loss err injury ofiny kind or nature whatsoever to persons or property caused by or res lium from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlcc the Purchascr and any ar call of the Purchasers effects, 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 suhject by reason of any act, action, neglect, omission or default on the pan ofthe Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents at employees. In ease any suit or other proceedings 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 ofthe Seller of any of his contractors or any of its or their ofTccm. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thcrcnf ind 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 or employees in such snits or other proceedings, and in case judgment or other lien be placed open or obtained against the pmpcny ofthc Purchaser. or 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 disehzrged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions famish and install rail guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010