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HomeMy WebLinkAbout336423 ADRIENNE BURKE - PURCHASE ORDER - 9123109City of Fort Collins PURCHASE ORDER PO Number Page 9123109 1of2 This number must appear on all invoices, packing slips and labels. Date: 05/2512012 Vendor: 336423 Ship To: LINCOLN CENTER ADRIENNE BURKE CITY OF FORT COLLINS 1808 ORCHARD PLACE 417 W MAGNOLIA FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80521 Delivery Date: 05/24/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price APP Piano Project 2012 1 LOT LS 650.00 Total $650.00 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By 5I.mtc the City of Fort Collins Is exempt from state and meal taxes. Our Exemption Number is 11. NONWAIVER. 98-W502. Federal Excise Tax Exemption Certificate of Registry 84-1A00537 is registered wish the Collector of Failure Of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or dclav to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1913. Chapter 19-26. 114 (a). exercise any rights or remedies prmided herein or by law. failure to Promptly notify' the Seller in the event of a breach, the aeccptancc ofor payment for goods hcrcander or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet Spec ifcatinns, either when shipped or duc to defects of any of the warranties or obligations of this purchase order and shall nod he dccmcd a waiver Of any right of the damage in transit, may he returned to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, rcgnnilas instructions fmm the City of Fon Collins, of when .chipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this Purchase order by the'Purchaser Operate as a waiver Of mw of the teens Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, xmviccs or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Pon Collins However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual m000nmic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofo11 applicable required inspection procedures. violations arc in fact borne by the Purchaser_ Theretofore, for good cruise and as consideration for executing this Purchase onler. the Scllcr hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 7M Wood St.. Fort Collins, CO 90522, unless acquired under federal or state antitrust Imes for such oercharges relining to the palicular goods or services otherwise specified on this order. If p rr nission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manuL corers have distributing points in various pans of the country, shipment is expected From the nearest distribution point to destination. and excess freight will he deducted fruit; Invoice when shipments arc made From greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and rules of the state, municipality, territory or political Subdivision where the work is performed, or required by env other duly constituted! Public authority hi vingjansdicium over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm 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. Authodzalion. All parties to this contract agree that the representatives arc, 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 hems and conditions stated herein set forth and any sopplcmcntary or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by Seiler are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immonliately 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 pumbsc order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplxcing this order elsewhere and holding the Seller liable for damages. However. the Seiler Shall not be liable for damages ss a result of delays duc to causes not reasonably foresccnble which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofci,il or military mnhmtics, governmental pnn6ticx. lines. strikes, Bond, epidemics wam 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 anysuch delay, the date of delivery shall be extended for the period equal to the time acmally lost by reason ofihe delay. 3. WARRANTY. The Seller wamnts that all goods, ,nicly,. materials and work covered by this order swill conform with applicable drawings, specifications, samples and/or other deactiptinns 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 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 of the Sellers breach of wamnty. The Seller shall replace, repair nr make good. without 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 tans of any applicable wumnty provided by the Sellerafter the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect err defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim undo this xmmnty. Except is 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 wammies or guarantees, but such liability shall in no c%vni include loss of profits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS, The Purchaser may make changes to kcal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount duc or the timeofperfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, tem;inatc this agreement as to any or all portions of the goods then not shipped, subject in any equitable adjustment hcruven the panics as to any work or materials then in pregress provided that the Purchaser shall not be liable for any claims for anticipated pmfits nit 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 goods which arc the Sellers standard Stock. No such termination Shall relieve the Purchaser Or the Seiler of any of their obligations aw many goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thing (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seiler warrants that all goods wild hereunder shall have been produced, Sold, delivered and furnished in Strict compliance with all applicable Imes and regulations to which the goods are subject. The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance. All laws and regulations required to he 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 nuffcrrd by the Purchaser a. a result Of the Sellers failurc m comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this ordet, or any monies duc or to become thus hereunder without the prior written consent of the other party. IIT TITLE. The Seiler onto ins full, clear and unrestricted title In the Purchaser for all equipment materials, and items furnished in perfomanee of this agreement free and clear of any and all liens, restrictions. reservations. Security interest encumbrances and claims of others. I J. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller in correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and Ibc Seller thereafter judicmcs 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 all cost$ nsaoclalcd with such ,nick, The Seller shall rdcase the Pnrchascr and its contractors of any tier from all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers mid employees ofsuch party. The Scller:s contractual obligations. including wamnty, shall not be deemed to be reduced, in any way, because such work is perfom;ed or caused in he performed by the Purchaser. 14, PATENTS. Whenever the Scllcr is required to rse any design, device. material or process covered by letter, patent trademark or copyright, the Seller shall indmmnifv and save harmless the Purchaser from anv and all claims for infringctrient by reason of the use of such patented design, device, material or paeess in connection with the contract, and shall indemnify the Purchaser for any cost. expcn.c Or damage which it may be obliged to pay by reason of such infringement at any time during the pmwcutinn or aficr the completion of the work. In ease 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 or part 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, replace the same with Substantially equal hat mninfringing equipment, or nmdify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall bcemuc insolvent or bankrupt, make an assignment for the 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 definition. 9(terms used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofihe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcpnscnlative(s), on the Forams.. of uthers. 17. SELLERS RESPONSIIIILI'I'Y. The Scllcr shall crow on said wnrk at Seller's own risk until the v me is filly commpleted and accepted, and shall, in ca sr, of any accident, do tact ion or injury h) the work and/or materials before Scl lcr's fool completion and acceptance, complete the work at Scllcrs own expense and in the smisfaclion ofihe Purchaser. When materials and equipment are furnished by others for installation or ereelion by the Seller. the Seller shall receive, nalond. Store and handle Same at the Site and bcoomc resPoreiblc therefor as though such materials and/or equipment were being furnished by the Seller under the order. I S. INSURANCE. The Seller Shall, at his oss'n expense. Provide for the payment of workers compensation, including occupational disease bcnctits, 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 laws of the slate in which the work is to he done The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance .with buddy injury and death limits ofm least S300.00i 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 contractors, it any, to provide for such compemmino and insurance. Before any of the Scllcrs or his contractors cmplovees shall do any work upon the premises Mothers. the Seller shall furnish the Purchaser with a certificate that Such compensation and insurance have been pmvidcd. Such ccnifteatcs shall specify the date when such eompencnion and jusurnnce have been pmvidcd. Such certificates shall specify the date when such comprnsation and insurance expims. The Seiler agrees that Such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECT [ON AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the entire reSPOnsibiliry Ind linhility for any and all damage, loss. or injury of any kind or nature w'hntsnevcr to persons or pmpcny caused by or resulting form the execution ofihe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pnrchascr and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses. damages. charges or expenses, whether direct or indirect, and whether to persons or pmperty to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pan of the Scllcr, any of his contractors, or any Of the Sellers or contractors oftccrs, agents or employees. In case any Suit or Other proceedings ,Shall be hmught against the Pnrchascr, or its officers, agents or employees m nay time ou account or by reason M any act, action, neglect omission or dcfmdt of the Seller of any of his comments 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 lime at the Sellers own expense, to pay any and all costs, charges, artomcps Pecs and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or anv of it or their officers, 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 of Such suits or other proceedings, the Scllcr will at Once cause tiro mum to be disobwd and discharged by giving bond or olhcto isc. The Scllcr and his contractors Shall take all safety precautions. furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but withot limitation, the Occupational Safety and Health Act M 1970 and all odes and regulation; issued Footman thereto. Rcwiscd 03/2610