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HomeMy WebLinkAbout129729 EXODUS MOVING & STORAGE INC - PURCHASE ORDER - 9122817PURCHASE ORDER PO Number Page City OfCollins ��� 9122817 ' of 2 `t Coll` I n C This number must appear �7 on all invoices, packing slips and labels. Date: 0511612012 Vendor: 129729 Ship To: LINCOLN CENTER EXODUS MOVING & STORAGE INC CITY OF FORT COLLINS 1730 E PROSPECT RD SUITE 102 417 W MAGNOLIA FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 05/16/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price Estimate-APP Piano Moving 2012 1 LOT LS 7,475.00 Total $7,475.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS, Tax exemptions. By suitute the City of Fort Collins is exempt from state and local taxes. Our R cauptioa Number is 95-0,15(l FedemI Excise Tax Exemption Certificate of Registry 54-6)00537 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Stamms 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet .specification, either when shipped or due to defects of damage in transit, may he moored to you for credit and am not to be replaced except upon receipt of written insttuctinns from the City of TO" Collins, Inspection. GOODS arc subject to the City of Too Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser In insist stun strict performance of the terms and conditions hemof. failure Or delay to exercise any rights or remedies provided herein or by lam, failure to promptly notify the Seller in the acre of a broach, the acceptance of or payment for goods hereunder or approval riffle design. shall net release the Seller Of any of the warmmics or obligations of this purchase order and shall not be deemed a waiver of any right Of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received Or accepted, is to any prior or subsequent default hereunder, nor shall any purponcd unit 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. services or equipment in respotwe to this order can result in 12. ASSIGNM ENT OF AN HTR UST CLAIMS. authorized payment an the pan of the City of Fen Collins. Hnweveq it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE, is dependent upon completion ofall applicable requimd inspection procedures. violmimrs arc in fact borne by the Purchnser. Theremfom, for good cause and as consideration for executing this purchase order, the Seller Imrchy assigns In the Purchaser anv and all claims it may funny have or hereafter Freight Terms Shipments must be F.O.B., City of Fen Collins, 700 Wond St., ['no Collins CO 90522, unless required trader federal or state antitmsl laws for such Overcharges relating to the particular goods or services otherwise specified on this urder. If permission is given to pmpny freight and charge separately, the original freight parcha,ed cr acquired by the Ptuchancr porsunat to this purchase order. hill must accompany invoice. Additional charges for packing will not be actephal. 3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Parchaser dincel the Seller to correct nonconforming or defective goods by n date in he ngreed upon by the expected front the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or i m'illingncss to comply. the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means a rnib bly to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, eenifieztee and licenses required by all applicable laws, regulations. Ordinances and rates 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 Von Collins harmlcs_s (rent and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations. Ordinances. miles and requirements. Authorization. All panics to this contract agree that the representatives are. in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any upplearem. v or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by'scller are objected to and hcmby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive On your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without hinitm ion, acceptance of panial late deliveries, shall opcmtc as a waiver of this provisinn. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable mandics, the option of placing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for dmmmges ns a result of delays dire to causes not reasonably foreseeable which arc beyond its reasonable control and withmn its fault of negligence. such acts of God, acts ofeivil or military authentic, governmental priorities, fires, strikes, food, epidemics ours 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 Seller first received knew ledge 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 mason of the delay. 3. WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will conform with applicable drawings, specification. samples aadfor other description given. will be fat for the purposes intended, and pefforned with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature, The Seller agrees to hold the purchaser hareales form any loss, damage Or expense which the Purchaser may suffer or incur on account of the Sellers breach of wnmaty. The Scllcr shall replace, repair or make good. without cast to the purchaser. any defects or Guilts raising within one (1) yen, Or within such longer period of time as may be prescribed by law or by the term of any applicable wamnty pmvidcd by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sadler. Acceptance or use of goods by the Parchaser shall not constitute a waiver ofany claim under this warrants. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guamntccx, but such liability shall in an event include Iris of pmft, Or In,; of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wrincn 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 odcrcd in the specifications or drawings. by verbal Or written change Order. If any such change affects the amount duc or the time ofperfomtance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may nt any time by written change order. tcrminatc this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bcnreen the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated rmfits 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 any Food which are the Sellers standard stock. No such tmtination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordcted. 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 good, arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws 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 harrdes, Form all cast and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such Ime. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this Order, or any ninnies due or to become due hereunder without the prior written consent of she other party. 10. TITLE:. The Seller ,,.at, 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 Seller shall relcose the Parehn,cr and its contractors of any tier fmm all liability and claims ofany nature resulting from the performance Ofsrch work. This release shall apply even in the event of fault of negligence of the pare released and shall extend to the dimetom. officers and employees of.such party. The Seller's eontmctual abligasions, including warm my. shall not be decood to be reduced, in any way, becausc such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any deign, device. material or process covcmd by letter, patens, trademark or copyright, the Seller shall indemnify' and save hamilcss 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 she contract, and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason oLsuch infringement at any time during the prosecution or after she completion of she work. In case said equipment. Or ,any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use Of said equipment of pan is enjoined, she Seller shall, as its own expense and at its nptims. either pmcure for the Pumltnscr the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing cquipnrnt. or modify it so it becomes nuninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make no assignment for she benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all panics hereunder shall be construed under and governed by the laws of the State of Colomdes, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder. including she scn'iccs OFSellcm Represcntativc(s), On the pmmiscs of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until she, amc is fully completed and acccptcd, and shall. in case of any accident, detraction or injury to the work and/or materials bcfnm Seller', final completion and acceptance, complete she work at Scllcrs own expense and to she satisfaction ofthe Pumhow, 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 site and become responsible therefor as though such material, and/Or equipment were being furnished by she Scllcr under the coder. 19. INSURANCES. The Seller Shull. at his own expense, provide for she payment of workers compensation, including occupational disc.,. hmcfits, to its employees employed On or in connection with the work covered by this purehnse order. and/or to Ihcir dependents in accordance with the Imes of the state in which she work is to he done, The Seller shall also carry comprehensive general liability including, bra not limited to, contractual and automnbfle public liability insurance with hodily injury anal death limit, of at Iczst S300,WO for any one Person. S500.006 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any of roc Seller. Or his contractors employees shall do any work upon shy premises ofoshers, she Seller shall furnish the Purchaser with n "llificaty that such compensation and insurance have been provided. Such certificates shall specify the date when such contrensmion and insurance have born pmvidcd. Such certificates shall specify she date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcby,usumes the entire Tesmnsibiliry and liability for any and all damage, Inns nr injury ofany kind Or nature ohatvuvco to persons Or pmNny caused by or resulting from she execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify mu1 hold himdec the Purchaser and any nr all of the Pmxha,cm officers, agent, and employees from and against any and all claims losses, damages. charges or expenses. whcshcr direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason ofany act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers Or contractors officers, agents or employees. In case any suit or Other proceedings shall be brought against she Purchnsee or its officers, agents or employees at any lime on account or by reason ofany act. action, neglect. Omission or default of the Seller of any of his contractors or any of its or their oRccm, agents or employee as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend she ,same ;it the Sellers own expense, to pay any and all costs, charges, attomcys fees and other expenses. any and all judgments plat any be insured by or obtained against the Purchaser Or any of its Or their officers. agents or employees in such slits or other proceedings. and in easy judgment Or other he,, be pinecd upon Or obtained against the pmpcnv of she Purehnscr, Or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to he dissolved and discharged by giving bond or mhcnvisc. The Seller and his contractors shall take all safety Pmcausions famish and install all guards neces,my for she prevention of accidents, comply with all laws and regulations with regard to safely, including but without Iinsimtion, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pnnuam thetcsn. Revised 0312010