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HomeMy WebLinkAbout122851 ROBERT OTTERMANN - PURCHASE ORDER - 9122818PURCHASE ORDER PO Number Page City Of 9122818 t of z ' `t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 05/16/2012 Vendor: 122851 ROBERT OTTERMANN 1512 BUTTONWOOD DR FORT COLLINS Colorado 80525-1918 Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS Colorado 80521 Delivery Date: 05/16/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price APP - 2012 Piano Tuning 1 LOT LS 11,125.00 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: 11.125.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0-1502, Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict re fnmmanee of the temtt and conditions hcrcof fiilum or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Sta cdcs 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to pmmp le notify the Seller in the event of a breach. the acceptance ofor payment for good hereunder or approval ofthe design, shall not release the Seller of Good Rejected, GOODS REJECTED due to failure to mesa specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver army right of tic damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of .written purchaser to insist upon strict perfomance hempfor any of ils rights or remedies as to anv such good, regardless insmetious from the City of Fort Collins. of when shipped. received or accepted. es to any Prior or subsequent default hereunder, nor shall any purported oral mndifteation or rescission of this purchase order by the Purchaser operate as a waiver of any of the Icons Inspection. GOODS arc subject to the City MFoe Collins inspection on arrival. hcrcof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can resell in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins However. it is to he understood that FINAL SCRer and the Purchaser recognize that in aemml economic pnetiee. overcharees insulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection piacednrcs, violations arc in fact borne by the Purchaser. Thcmunfinin, for good cruise and is consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercefter Freight Terms. Shipments must be F.O.B., City of Ford Collins, 7M Worel St.. Fort Collins, CO S0522, unless acquired under federal or state antitmsl laws for such overcharges relining to the particular foods or services otherwise specified on this order. If permission is given to prepay freight and chmgc scpnmmly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, hill must 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 pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the nearest distribution point to destination. and execs freight will be dcdncted front Invoice when Ptuchnser and fire Seller, and the Seller thercnfler indicates its inability or unwillingness to comply. the Purchaser shipments arc mode from greater distarec. may cause the work to be performed by the most cspcditmus means available to it. and the Seller shall pay all costs o,miated Willi such work. Permits. Seller shall procure at sellers snle cost all necessary Permits, ccni&aces and licenses required by all applicable Imes, regulations, ordinances and odes of the state, municipality, territory or political sud division where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over fire work of vendor. Seller fitnhcr forces to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assMcd or established violation of any such has. regulations. ordinances. pries and requirements. Andumication. All panics to this contract agree that the representatives are. in fact. bona fide and Possess full and complete authority to bind said pander. LIMITATION OF TERMS. This Purchase Order expim,0v limit acceptance to the Icrms and conditions stated herein set forth and any supplementary or additional temw and conditions annexed hereto or incorporated herein by reference. Any additional nr different Icons and conditions proposed by seller am ohjeced to and herchy reiccfttf. 2. DELIVERY. PLEASE: ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Dcliwm and performance must be clTeaal within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. wilhent limitation, acceptance of pnni l late deliveries, shall opcntc as a waiver ofthis provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option ofpincing 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 are beyond its reasonable control and without its fault of ncgligcnec, such acts of Gnd, acts of civil or military authorities, governmental priorities, rims, strikes. Mond, epidemics wan or riots provided that notice of the conditions causing such delay is given to the Purchaser within fee (5) days of the time when the Seller first received knowledge thereof, In the event of any such delay, the Ante of ddivery shall he extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wamnts that all goods, articles. materials and work covered by this order will conform with applicable drawings, speei fired ions, samples andlor other description given, will be fit for the purposes intended, and performed with the highest degree of cure 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 ofthe Sellers breach of.mmax. The Seller shall replace, repair or make good. withotn cost in the purchaser, any detects or faults arising within one (1) year or within such longer peird of time as may he prescribed by law or by the terms of any applicable swammy pmvidcd by the Seller after the date of acceptance of the good furnished hereunder (aeecptanee not to be unreasonably delayed). resulting from imperfect or defective work done or matinols furnished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver drany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability h entradcr shall extend to all damages proximately caused by the breach array of the foregoing aamnlcs or guarantees. but such hnbdio, shall in no event include loss ofpmfits 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 to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms. Other than legal toms, including additions to or deletions from the gmm rtities origimlly ordered in the specifications or drawings, by verbal or wrinco change order. 11 any such change affcros the amount clue or the time ofperformance hereunder. an equitable adjustment shall 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 matcrials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods andlor work, for incidcatrl or consequential damages, and that no such adhtsunent be made in favor of the Seller with respect funny goods which are the Sellers stmtdard stock. No ,such termination shall relieve the Purchaser or the Seller of any oftheir obligation as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asserted within thin (30) days from the date the change or termination is emend. 8. 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 am 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 zgrcenonts of this character are hacby incorporated herein by this reference. I'he Seller agrees to indemnify and hold the Purchaser hnmlccs from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such lair. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ordure other party. 10. TITLE:. The Seller ..at, full, clear and unrcsuicted tide to the Purchaser for all equipment, materials, and items furnished in perfomance of this agreement, free and clear of any and all liens, restrictions, mscr itions. security interest encumbrances and claims ofolhers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsteh work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. nfrccr, and employees Of such party. The Scher s contractual obligations, including warm fry, shall not be deemed to be reduced. in any way, because such work is performed or caused to he performer! by the Purchaser. 14. PATENTS. kVhcnewcr the Seller is required to scanty design, device, material or prxecc covered be letter. patent, trademark or copyright, the Seller shall indemnify and save hnmless the Purchaser from any and all claims for infringement be mrsran of the use of such patented design, device, material Or Pmecss in connection .with the contract, and shall indemnify the Purchaser for nay cost. Cxpcnse or damage which it may be obliged to pay he mason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan brood or the intended act, of the goods, is in such suit held to constitute infrin_ement and the use of .said equipment or pan is enjoined. the Seller .shall, at its man expense and al its option. either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or mndify it .so it becomes anninfringmg. 15.INSOLVENCY. If the Scllcr .droll become insakent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers propcny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dclinitinms oftcrmx,,oil or the interpretation oflbe abatement and the rights ofall panics hereunder, shall be construed under and governed by the lases ofthc Sfalc of Celondo, USA. The fallowing Additional Conditions apply only in cases white the Seller is to perform work hereunder. including the scmier, of Scicrs Representative(,). on the premise, of other,. 17, SELLERS RESPONSIBILITY. The Seller shall cam on said work at Seller's 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 Scllcrs final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc famished by others for installation or eraaion by the Seller. the Seller shall receive, unload. sung and handle same at the site and become responsible thcmfor 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. pmwide for the payment of wruken compensation. including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. andfor 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 In. contractual and automobile public liability insurance with hodily injury and deadi limas of at least S300,e00 fmr any mac person. S500.000 for .., 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 instanter. Before any of the Sellers or his contractors employees shall do any .work upon the premises ofothers, the Seller shall furnish the Purchaser with a cerrifir,ae that such compensation and insurance have been provided. Such certificates shall specjfy'the date when such compensation and insurance have hers pmvidcd Such certificates shall specify the date when such compensation and insurance expires The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and fecepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes fhc entire responsihility and liahility for any and all damage, loss or injury array kind or nature whatsoever to persons or pmpeny caused by ar, resulling from the execution nfthc work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or nil of the Purchncrs offcers. agents and employees from and against any and all claims losses, damages, charges or expenses. whether direct or indirect, and whether In persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect. emission or default on the pan of the Seller, any influx contractors, or any of the Sellers or contractors oRccrs, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time no account or by reason of any act, action, neglect, omission or default of the Seller of any 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 sane at the Sellers own expense, to pay any and all costs, charges, attomcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRccrs. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in Or as a result ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise The Seller and his contractors shall take all safety pmnutinns, famish and install all guards necessary for the prevention of accidents, comply with all Ines and regulalions with regard to snery including, but without limitation. the Occupational Safety and health Act of 1970 aM all rules and rcbvlafiens issucA pnnuant Ihcmto. Revised 03/2010